The Use of Force in International Law

The Use of Force in International Law
Author: Tom Ruys
Publisher: Oxford University Press
Total Pages: 1274
Release: 2018-04-26
Genre: Law
ISBN: 019108719X

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?

Sovereignty Sharing in Fragile States

Sovereignty Sharing in Fragile States
Author: John D. Ciorciari
Publisher: Stanford University Press
Total Pages: 457
Release: 2021-03-16
Genre: Political Science
ISBN: 150361428X

In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge. In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success. This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law—the heart of a well-governed state.

Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford University Press
Total Pages: 273
Release: 2020-04-30
Genre: Law
ISBN: 0191060283

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.

United Nations Juridical Yearbook 2008

United Nations Juridical Yearbook 2008
Author: United Nations
Publisher: United Nations Publications
Total Pages: 0
Release: 2010-06
Genre: Business & Economics
ISBN: 9789211336856

This yearbook contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.

International Law and the War with Islamic State

International Law and the War with Islamic State
Author: Saeed Bagheri
Publisher: Bloomsbury Publishing
Total Pages: 217
Release: 2021-07-15
Genre: Law
ISBN: 1509950524

Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

Protection of Civilians

Protection of Civilians
Author: Haidi Willmot
Publisher: Oxford University Press
Total Pages: 497
Release: 2016
Genre: Law
ISBN: 019872926X

The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.

Historical Review of Developments Relating to Aggression

Historical Review of Developments Relating to Aggression
Author: United Nations
Publisher: United Nations Publications
Total Pages: 460
Release: 2003
Genre: Law
ISBN:

This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.