Occupation Courts Jus Ad Bellum And Non State Actors Revisiting The Ethics Of Military Occupation
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Author | : Eliav Lieblich |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2022-12 |
Genre | : Military occupation |
ISBN | : 0198861036 |
The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.
Author | : Markus Dirk Dubber |
Publisher | : Oxford University Press, USA |
Total Pages | : 1233 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199673594 |
Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically.
Author | : Sergey Sayapin |
Publisher | : Springer |
Total Pages | : 465 |
Release | : 2018-09-08 |
Genre | : Law |
ISBN | : 9462652228 |
Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law’sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.
Author | : Christine Chinkin |
Publisher | : Cambridge University Press |
Total Pages | : 611 |
Release | : 2017-04-27 |
Genre | : History |
ISBN | : 1107171210 |
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author | : Yitzhak Benbaji |
Publisher | : |
Total Pages | : 230 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0199577196 |
War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Author | : Jens David Ohlin |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2016-08-04 |
Genre | : Law |
ISBN | : 1107137934 |
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Author | : |
Publisher | : |
Total Pages | : 187 |
Release | : 2010 |
Genre | : Criminal jurisdiction |
ISBN | : 9780191725173 |
The principle of extraterritorial punishment, which enables national courts to exert jurisdiction over crimes committed abroad by nationals of other states, has become more accepted. This book provides an account and critique of this form of jurisdiction, exploring its links to globalization, terrorism and transnational crime.
Author | : Berenika Drazewska |
Publisher | : BRILL |
Total Pages | : 391 |
Release | : 2021-12-13 |
Genre | : Law |
ISBN | : 9004432566 |
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Author | : Yoram Dinstein |
Publisher | : Cambridge University Press |
Total Pages | : 336 |
Release | : 2009-02-19 |
Genre | : History |
ISBN | : 0521896371 |
The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Author | : Cécile Fabre |
Publisher | : Oxford University Press |
Total Pages | : |
Release | : 2012-09-27 |
Genre | : Philosophy |
ISBN | : 0191662712 |
War is about individuals maiming and killing each other, and yet, it seems that it is also irreducibly collective, as it is fought by groups of people and more often than not for the sake of communal values such as territorial integrity and national self-determination. Cécile Fabre articulates and defends an ethical account of war in which the individual, as a moral and rational agent, is the fundamental focus for concern and respect—both as a combatant whose acts of killing need justifying and as a non-combatant whose suffering also needs justifying. She takes as her starting point a political morality to which the individual, rather than the nation-state, is central, namely cosmopolitanism. According to cosmopolitanism, individuals all matter equally, irrespective of their membership in this or that political community. Traditional war ethics already accepts this principle, since it holds that unarmed civilians are illegitimate targets even though they belong to the enemy community. However, although the traditional account of whom we may kill in wars is broadly faithful to that principle, the traditional account of why we may kill and of who may kill is not. Cosmopolitan theorists, for their part, do not address the ethical issues raised by war in any depth. Fabre's Cosmopolitan War seeks to fill this gap, and defends its account of just and unjust wars by addressing the ethics of different kinds of war: wars of national defence, wars over scarce resources, civil wars, humanitarian intervention, wars involving private military forces, and asymmetrical wars.