The International Struggle Over Iraq

The International Struggle Over Iraq
Author: David Malone
Publisher: Oxford University Press, USA
Total Pages: 426
Release: 2006
Genre: History
ISBN: 9780199278572

Iraq has dominated headlines in contemporary times, but its controversial role in international affairs goes back much further. This book presents an understanding of one of the most persistent crises in international affairs, and the various roles the world's central peace-making forum has played in it.

Necessity and Proportionality and the Right of Self-Defence in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law
Author: Chris O'Meara
Publisher: Oxford University Press, USA
Total Pages: 289
Release: 2021-03
Genre: Law
ISBN: 0198863403

The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.

Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford University Press
Total Pages: 324
Release: 2020-04-30
Genre: Law
ISBN: 0191060275

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

State Responsibility for International Terrorism

State Responsibility for International Terrorism
Author: Kimberley N. Trapp
Publisher: OUP Oxford
Total Pages: 320
Release: 2011-06-02
Genre: Law
ISBN: 0191621668

The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

The Use of Force in International Law

The Use of Force in International Law
Author: Tom Ruys
Publisher: Oxford University Press
Total Pages: 961
Release: 2018-04-26
Genre: Law
ISBN: 0191087181

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?

The United States and Genocide

The United States and Genocide
Author: Jeffrey Bachman
Publisher: Routledge
Total Pages: 339
Release: 2017-11-22
Genre: Political Science
ISBN: 135169216X

There exists a dominant narrative that essentially defines the US’ relationship with genocide through what the US has failed to do to stop or prevent genocide, rather than through how its actions have contributed to the commission of genocide. This narrative acts to conceal the true nature of the US’ relationship with many of the governments that have committed genocide since the Holocaust, as well as the US’ own actions. In response, this book challenges the dominant narrative through a comprehensive analysis of the US’ relationship with genocide. The analysis is situated within the broader genocide studies literature, while emphasizing the role of state responsibility for the commission of genocide and the crime’s ancillary acts. The book addresses how a culture of impunity contributes to the resiliency of the dominant narrative in the face of considerable evidence that challenges it. Bachman’s narrative presents a far darker relationship between the US and genocide, one that has developed from the start of the Genocide Convention’s negotiations and has extended all the way to present day, as can be seen in the relationships the US maintains with potentially genocidal regimes, from Saudi Arabia to Myanmar. This book will be of interest to scholars, postgraduates, and students of genocide studies, US foreign policy, and human rights. A secondary readership may be found in those who study international law and international relations.