The Right of Extra Territorial Self-Defence Against Autonomously Operating Non-State Actors : Legitimate Or Legal Use of Force PDF Download

Author: Giorgi Nakashidze
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

View

Book Description

Author: Dire Tladi
Publisher: BRILL
ISBN: 9004521488
Category : Law
Languages : en
Pages : 208

View

Book Description
This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.

Author: Noam Lubell
Publisher: OUP Oxford
ISBN: 0191029734
Category : Law
Languages : en
Pages : 320

View

Book Description
This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
ISBN: 1107190746
Category : Law
Languages : en
Pages : 313

View

Book Description
Provides a multi-perspective study of the international law on self-defence against non-State actors.

Author: Eduardo Granzotto
Publisher: Editora Dialética
ISBN: 6525200903
Category : Law
Languages : en
Pages : 72

View

Book Description
"This book is the product of the author's master's thesis, defended in 2019 at King's College, in the International Peace and Security programme of the Department of War Studies. [...] In light of the new contemporary threats to international peace and security and their impact on jus ad bellum rules, the author questions whether the Unable or Unwilling Doctrine(UoU), used as an argument for the use of force in the recent fight against the 'Islamic State' in Syria, has a legal basis in the context of self-defence against non-state actors. He then goes on to explore practical ways in which the doctrine's application can be improved. [...] In the King's College's Department of War Studies, the examiners described the author's thesis as an exceptional piece of scholarly work, absorbing from its first line and reported that the author demonstrates a striking comprehension of complex legal questions, in addition to providing coherent, insightful, and very sophisticated arguments. Professor Granzotto's clever, perceptive, and opportune master's thesis led to a rich and particularly persuasive book, which reflects the thoughts of a mature, though young scholar ___ for whom we must predict the continuity of a superb career. "

Author: Kasongo Mweemba
Publisher:
ISBN:
Category : Violence (Law)
Languages : en
Pages : 84

View

Book Description

Author: Kasongo Mweemba
Publisher: LAP Lambert Academic Publishing
ISBN: 9783838389141
Category :
Languages : en
Pages : 60

View

Book Description
Article 1 of the UN Charter gives the UN the task of maintaining international peace and security.In Article 2(4) of the Charter there is a prohibition on the use of force by states. An exception to the prohibition on use of force is Article 51 which provides for self defence against other States if an armed attack occurs against a Member State of the UN.Recent years have seen the emergence of groups that are non-state actors and that inflict violence and harm on states for political, religious and other reasons, for example terrorist groups. It becomes necesary to determine what the limits of the right to self-defence are and whether use of force agaimst non-state actors (whose actions cannot be attributed to the state on whose territory they are found), does not go against the prohibition on use of force or infringe the territorial sovereignty of such states.

Author: Murray Colin Alder
Publisher: Springer Science & Business Media
ISBN: 9400748507
Category : Law
Languages : en
Pages : 236

View

Book Description
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

Author: Camilla Guldahl Cooper
Publisher: BRILL
ISBN: 9004401687
Category : Law
Languages : en
Pages : 498

View

Book Description
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.

Author: Kinga Tibori Szabó
Publisher: Springer Science & Business Media
ISBN: 9067047961
Category : Law
Languages : en
Pages : 356

View

Book Description
The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence – both anticipatory and remedial – are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.