Author: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
Book Description
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Military Necessity in International Cultural Heritage Law
Author: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
Book Description
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
Book Description
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
The Military Commander's Necessity
Author: Sigrid Redse Johansen
Publisher: Cambridge University Press
ISBN: 1108493920
Category : History
Languages : en
Pages : 451
Book Description
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Publisher: Cambridge University Press
ISBN: 1108493920
Category : History
Languages : en
Pages : 451
Book Description
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Military Necessity
Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1108484719
Category : Law
Languages : en
Pages : 453
Book Description
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Publisher: Cambridge University Press
ISBN: 1108484719
Category : Law
Languages : en
Pages : 453
Book Description
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
A Scrap of Paper
Author: Isabel V. Hull
Publisher: Cornell University Press
ISBN: 0801470641
Category : History
Languages : en
Pages : 425
Book Description
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Publisher: Cornell University Press
ISBN: 0801470641
Category : History
Languages : en
Pages : 425
Book Description
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Necessity, Proportionality and the Use of Force by States
Author: Judith Gardam
Publisher: Cambridge University Press
ISBN: 1139456172
Category : Law
Languages : en
Pages : 288
Book Description
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Publisher: Cambridge University Press
ISBN: 1139456172
Category : Law
Languages : en
Pages : 288
Book Description
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
War Crimes and Just War
Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139463144
Category : Philosophy
Languages : en
Pages : 11
Book Description
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
Publisher: Cambridge University Press
ISBN: 1139463144
Category : Philosophy
Languages : en
Pages : 11
Book Description
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
On War
Author: Carl von Clausewitz
Publisher:
ISBN:
Category : Military art and science
Languages : en
Pages : 388
Book Description
Publisher:
ISBN:
Category : Military art and science
Languages : en
Pages : 388
Book Description
Necessity and Proportionality in International Peace and Security Law
Author: Claus Kreß
Publisher:
ISBN: 0197537375
Category : Law
Languages : en
Pages : 527
Book Description
There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.
Publisher:
ISBN: 0197537375
Category : Law
Languages : en
Pages : 527
Book Description
There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.
The Law of War
Author: William H. Boothby
Publisher: Cambridge University Press
ISBN: 1108427588
Category : History
Languages : en
Pages : 481
Book Description
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Publisher: Cambridge University Press
ISBN: 1108427588
Category : History
Languages : en
Pages : 481
Book Description
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Military Necessity
Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1108662080
Category : Law
Languages : en
Pages : 453
Book Description
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
Publisher: Cambridge University Press
ISBN: 1108662080
Category : Law
Languages : en
Pages : 453
Book Description
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.