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Author: Erika De Wet
Publisher: Oxford University Press, USA
ISBN: 0198784406
Category : Law
Languages : en
Pages : 273
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Book Description
The book examines if and to what extent the proliferation of direct military assistance on the request of a recognized government is changing the rules regulating the use of force. Since the end of the Cold War, several (sub)regional organizations in Africa have codified military assistance on request in their respective treaty frameworks. In addition, in countries such as Afghanistan, Iraq, Libya, Mali, Somalia, South Sudan, Syria, and Yemen, internationally recognized governments embroiled in protracted armed conflicts have requested direct military assistance from individual States or groups of States. These requests are often accepted by the other States, and at times the United Nations Security Council, even when the requesting governments have very limited effective control over their territories, lack democratic legitimacy, and are engaged in wide-spread and systematic violations of international human rights, and humanitarian law.0 This book departs from a definition of requested military assistance that refers to the exercise of forcible measures by third-State armed forces or those controlled by an international organisation in the territory of the requesting State. It then examines the authority to issue a request for (or consent to) direct military assistance, as well as the type of situations in which such assistance may be requested?notably whether it can be requested during a civil war (armed conflict). De Wet finishes by examining the important and controversial question of whether, and to what extent, the proliferation of forcible assistance on request is changing the legal framework applying to the use of force in international law.
Author: Erika De Wet
Publisher: Oxford University Press, USA
ISBN: 0198784406
Category : Law
Languages : en
Pages : 273
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Book Description
The book examines if and to what extent the proliferation of direct military assistance on the request of a recognized government is changing the rules regulating the use of force. Since the end of the Cold War, several (sub)regional organizations in Africa have codified military assistance on request in their respective treaty frameworks. In addition, in countries such as Afghanistan, Iraq, Libya, Mali, Somalia, South Sudan, Syria, and Yemen, internationally recognized governments embroiled in protracted armed conflicts have requested direct military assistance from individual States or groups of States. These requests are often accepted by the other States, and at times the United Nations Security Council, even when the requesting governments have very limited effective control over their territories, lack democratic legitimacy, and are engaged in wide-spread and systematic violations of international human rights, and humanitarian law.0 This book departs from a definition of requested military assistance that refers to the exercise of forcible measures by third-State armed forces or those controlled by an international organisation in the territory of the requesting State. It then examines the authority to issue a request for (or consent to) direct military assistance, as well as the type of situations in which such assistance may be requested?notably whether it can be requested during a civil war (armed conflict). De Wet finishes by examining the important and controversial question of whether, and to what extent, the proliferation of forcible assistance on request is changing the legal framework applying to the use of force in international law.
Author: Federica Paddeu
Publisher:
ISBN:
Category :
Languages : en
Pages : 48
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Book Description
Is consent a defence or part of the definition of the prohibition of force? The mainstream answer has been to read (non)consent into the definition of the prohibition. The rule would thus prohibit only non-consensual force. In this article, I challenge this approach. This approach implies that there is no general reason against force in international society, that consensual force is not harmful and does not call for justification. And yet, the use of force, whether internal or international, always harms or threatens harm to international peace - the paramount purpose of the United Nations, so that maintaining international peace must count as a general reason against force. Moreover, international actors offer and expect justifications whenever force is used, including with consent. To reflect the general reason against force, the prohibition must exclude consent from its definition. Consent must be recast as a defence.
Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
ISBN: 1509940553
Category : Law
Languages : en
Pages : 340
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Book Description
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Author: Christian Henderson
Publisher: Cambridge University Press
ISBN: 1108643418
Category : Law
Languages : en
Pages : 442
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Book Description
The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.
Author: Camilla Guldahl Cooper
Publisher: BRILL
ISBN: 9004401687
Category : Law
Languages : en
Pages : 498
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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: Tarcisio Gazzini
Publisher: Manchester University Press
ISBN: 1526170485
Category : Law
Languages : en
Pages : 404
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Book Description
Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.
Author: Department of Defense
Publisher:
ISBN: 9781081557782
Category :
Languages : en
Pages : 214
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Book Description
Foreign Humanitarian Assistance, Joint Publication 3-29, 14 May 2019 This publication provides fundamental principles and guidance to plan, execute, and assess foreign humanitarian assistance operations. This publication has been prepared under the direction of the Chairman of the Joint Chiefs of Staff (CJCS). It sets forth joint doctrine to govern the activities and performance of the Armed Forces of the United States in joint operations, and it provides considerations for military interaction with governmental and nongovernmental agencies, multinational forces, and other interorganizational partners. Why buy a book you can download for free? We print the paperback book so you don't have to. First you gotta find a good clean (legible) copy and make sure it's the latest version (not always easy). Some documents found on the web are missing some pages or the image quality is so poor, they are difficult to read. If you find a good copy, you could print it using a network printer you share with 100 other people (typically its either out of paper or toner). If it's just a 10-page document, no problem, but if it's 250-pages, you will need to punch 3 holes in all those pages and put it in a 3-ring binder. Takes at least an hour. It's much more cost-effective to just order the bound paperback from Amazon.com This book includes original commentary which is copyright material. Note that government documents are in the public domain. We print these paperbacks as a service so you don't have to. The books are compact, tightly-bound paperback, full-size (8 1/2 by 11 inches), with large text and glossy covers. 4th Watch Publishing Co. is a HUBZONE SDVOSB. https: //usgovpub.com
Author: Taylor B. Seybolt
Publisher: Oxford University Press, USA
ISBN: 0199252432
Category : Altruism
Languages : en
Pages : 314
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Book Description
Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.
Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641
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Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Author: Trevor Findlay
Publisher: Oxford University Press on Demand
ISBN: 9780198292821
Category : Law
Languages : en
Pages : 486
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Book Description
One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.
