International Law And Armed Conflict, Exploring the Faultlines PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download International Law And Armed Conflict, Exploring the Faultlines PDF full book. Access full book title International Law And Armed Conflict, Exploring the Faultlines by Michael N. Schmitt. Download full books in PDF and EPUB format.
Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154280
Category : Law
Languages : en
Pages : 629
Get Book
Book Description
International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154280
Category : Law
Languages : en
Pages : 629
Get Book
Book Description
International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
Author: Michael N. Schmitt
Publisher:
ISBN:
Category : War (International law)
Languages : en
Pages :
Get Book
Book Description
Author: Michael N. Schmitt
Publisher: Springer Science & Business Media
ISBN: 9789067047401
Category : Law
Languages : en
Pages : 640
Get Book
Book Description
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.
Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
ISBN: 155584846X
Category : Law
Languages : en
Pages : 224
Get Book
Book Description
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Author: Noëlle Quénivet
Publisher: Asser Press
ISBN:
Category : Law
Languages : en
Pages : 482
Get Book
Book Description
Symposium on International Law and Armed Conflict in September 2008 at the University of the West of England (UK).--Preface.
Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 1316061507
Category : Law
Languages : en
Pages :
Get Book
Book Description
This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.
Author: Gerd Oberleitner
Publisher: Cambridge University Press
ISBN: 1316240932
Category : Law
Languages : en
Pages :
Get Book
Book Description
It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.
Author: Elizabeth Wilmshurst
Publisher: Oxford University Press
ISBN: 0199657750
Category : History
Languages : en
Pages : 568
Get Book
Book Description
International law separates international from non-international conflicts. This book discusses how this categorisation operates, identifying the legal questions raised. Case studies show how this impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.
Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 1847317030
Category : Law
Languages : en
Pages : 603
Get Book
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.
Author: Ka Lok Yip
Publisher: Oxford University Press
ISBN: 0192645226
Category : Law
Languages : en
Pages : 320
Get Book
Book Description
Is it legal to kill, or capture and confine, someone in war? Is this relevant or wise to ask in the reality of war? What does 'legal' actually mean in the labyrinth of overlapping international laws? This volume explores the meaning, relevance, and wisdom of questioning the 'legality' of the use of force against individuals in war by reconnecting legal thought with the social world. Weaving together law, social theories, and actual practices, the book presents an interdisciplinary study of the laws regulating warfare. The Use of Force against Individuals in War under International Law uncovers different conceptions of 'legality' that generate tensions among different international laws regulating warfare and highlights the limits of legal techniques in addressing these tensions. Accepting these tensions serves not to denigrate the law itself but to invite a deeper level of engagement with it - through the lens of social theories. Drawing on the insight that every social action results from an interaction between human agency and social structures, this publication argues that in regulating warfare, one distinct body of international law, the law of armed conflicts, accommodates the diminished agency of human beings operating in highly structured conditions while other bodies of international law harbour the potential to transform these very structured conditions. Thus, assimilating these laws, whether in court or real-world practices, fundamentally conflates their underlying social ontologies.
