Pre-emptive Self-Defence: "In an age of international terrorism, the law on self-defence needs to be expanded to include the right to pre-emptive self-defence." PDF Download
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Author: Sebastian Plappert
Publisher: GRIN Verlag
ISBN: 3640664639
Category : Political Science
Languages : en
Pages : 16
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Book Description
Essay from the year 2007 in the subject Politics - Topic: Peace and Conflict, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.
Author: Sebastian Plappert
Publisher: GRIN Verlag
ISBN: 3640664639
Category : Political Science
Languages : en
Pages : 16
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Book Description
Essay from the year 2007 in the subject Politics - Topic: Peace and Conflict, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.
Author: Sebastian Plappert
Publisher: GRIN Verlag
ISBN: 3640664183
Category : Political Science
Languages : en
Pages : 29
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Book Description
Essay from the year 2007 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.
Author: Jan Kittrich
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832519556
Category : Law
Languages : en
Pages : 219
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Book Description
The book examines in detail one of the most controversial topic in current international law, namely the scope and extent of the right of individual self-defense. The book carefully traces the paths which have been followed in the developing legal debate on self-defense. The author uses numerous case-studies of incidents involving the use of force in alleged self-defense (such as the Entebbe Incident 1976, the Nicaragua Case 1986 or the Israeli-Lebanese conflict of 2006) which have formed the central point of scholarly debate. The author's conclusions are based not only on thorough analysis of academic discussions but also of the practice of States and international bodies, especially of the United Nations Organization. At the outset of the book the author reviews the historical context and the customary evolution of the right of self-defense. Reference is made to the famous Caroline Case of 1837, which set the necessary conditions of lawful exercise of self-defense. Next, the author examines the concept and legal nature of self-defense, carefully assessing the customary conditions of necessity, proportionality and immediacy derived from the Caroline Case. As the occurrence of an "armed attack" is a conditio sine qua non of lawful invocation of self-defense, several modalities of an armed attack are attentively evaluated such as its constituent elements, beginning or scale. The author explores, whether reactions to acts of international terrorism committed by a non-State may be based on the right of self-defense. In times of global terrorist networks it is highly desirable to attach special attention to use of force in self-defense as a remedy against serious acts of terrorism. Thorough analysis of State practice is shown on several examples from recent history - the U.S. air raid on Libya in 1986 and on Baghdad in 1993 and relatively recent air strikes on Sudan and Afghanistan in 1998. Reference is also made to the most striking example - the Al-Qaeda attack on the United States in 2001. The validity of claims of anticipatory/preventive self-defense is examined on a theoretical level and then applied to the specific details of the Israeli air strike on the Osiraq Nuclear Reactor in 1981. The two main approaches to preventive self-defense - "restrictive" and "traditional" - are then discussed in detail. Brief analysis is also devoted to the nature of the so-called - pre-emptive - self-defense indicating its current position under international law.
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: Marc Weller
Publisher:
ISBN: 0199673047
Category : Law
Languages : en
Pages : 1377
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Book Description
This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Author: Chris O'Meara
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 289
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Book Description
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
ISBN: 1107190746
Category : Law
Languages : en
Pages : 313
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Book Description
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Author: Niaz A. Shah
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This article makes the distinction between self-defence, anticipatory self-defence and pre-emption. It argues against pre-emption. In the presence of article 39 of the Charter the case for pre-emption is not convincing and the current international legal order can deal effectively with the threat of terrorism. The article argues that certain acts of terrorism may amount to an armed attack, hence necessary and proportionate force may be used after meeting the outlined criteria.
Author: Thomas B. Hunter
Publisher: Thomas Hunter
ISBN: 143925205X
Category : Assassination
Languages : en
Pages : 55
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Book Description
This is an objective, strategic assessment of the role, usefulness, and logistical concerns posed by state-sponsored targeted killing and its overall efficiency in the current war on global terrorism.
Author: Tom Ruys
Publisher: Oxford University Press
ISBN: 0191087181
Category : Law
Languages : en
Pages : 961
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Book Description
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
