The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello

The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello PDF Author: Keiichiro Okimoto
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello

The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello PDF Author: Keiichiro Okimoto
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description


Seeking Accountability for the Unlawful Use of Force

Seeking Accountability for the Unlawful Use of Force PDF Author: Leila Nadya Sadat
Publisher:
ISBN: 1107187532
Category : History
Languages : en
Pages : 653

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Book Description
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece PDF Author: Emiliano J. Buis
Publisher: BRILL
ISBN: 9004363823
Category : Law
Languages : en
Pages : 329

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Book Description
In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

Nuclear Weapons under International Law

Nuclear Weapons under International Law PDF Author: Gro Nystuen
Publisher: Cambridge University Press
ISBN: 1139992740
Category : Law
Languages : en
Pages : 804

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Book Description
Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.

Civilian Immunity in War

Civilian Immunity in War PDF Author: Igor Primoratz
Publisher: OUP Oxford
ISBN: 0191537446
Category : Philosophy
Languages : en
Pages : 288

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Book Description
The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert. Civilian Immunity in War, written in collaboration by eleven authors, provides the first comprehensive analysis of all main aspects of this highly topical subject. It considers the arguments for rejection of civilian immunity and the main theories of the grounds and proper scope of this immunity, both deontological (just war theory) and consequentialist. Separate chapters examine the historical development of the idea of civilian immunity, its standing in current international law, and the problem of "collateral damage": of harming civilians without intent, as a side-effect of attacks on military targets. The volume also addresses a string of specific issues. Civilian immunity has undergone much attrition with the development of air warfare and the tendency of military conflict to degenerate into "total" war. On the other hand, modern military technology with its precision guidance missiles and "smart" bombs opens up the possibility of restricting deadly violence to its proper targets and staying clear of civilian life, limb, and property. Another pressing issue is the fate of women in war in light of mass rapes characteristic of some 'new wars'.

An Introduction to the International Law of Armed Conflicts

An Introduction to the International Law of Armed Conflicts PDF Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 1847314600
Category : Law
Languages : en
Pages : 372

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Book Description
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Classification of Conflicts in International Humanitarian Law

Classification of Conflicts in International Humanitarian Law PDF Author: Noam Zamir
Publisher: Edward Elgar Publishing
ISBN: 1785367900
Category : Law
Languages : en
Pages : 281

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Book Description
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.

International Law and the Classification of Conflicts

International Law and the Classification of Conflicts PDF Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568

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Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders PDF Author: Hitomi Takemura
Publisher: Springer Science & Business Media
ISBN: 3540705279
Category : Law
Languages : en
Pages : 259

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Book Description
International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

The Handbook of the International Law of Military Operations

The Handbook of the International Law of Military Operations PDF Author: Terry D. Gill
Publisher: Oxford University Press
ISBN: 0198744625
Category : History
Languages : en
Pages : 790

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Book Description
Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force.