International Law and Civil Wars

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Publisher : Routledge
ISBN 13 : 0415507901
Total Pages : 305 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis International Law and Civil Wars by : Eliav Lieblich

Download or read book International Law and Civil Wars written by Eliav Lieblich and published by Routledge. This book was released on 2013 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

Armed Intervention and Consent

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Publisher : Cambridge University Press
ISBN 13 : 100937009X
Total Pages : 353 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Armed Intervention and Consent by : Dino Kritsiotis

Download or read book Armed Intervention and Consent written by Dino Kritsiotis and published by Cambridge University Press. This book was released on 2023-07-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

Intervention in Civil Wars

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509940553
Total Pages : 340 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intervention in Civil Wars by : Chiara Redaelli

Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

The Law Against War

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509949003
Total Pages : 790 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Law Against War by : Olivier Corten

Download or read book The Law Against War written by Olivier Corten and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Armed Intervention and Consent

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Publisher : Cambridge University Press
ISBN 13 : 9781009370080
Total Pages : 0 pages
Book Rating : 4.3/5 (7 download)

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Book Synopsis Armed Intervention and Consent by : Dino Kritsiotis

Download or read book Armed Intervention and Consent written by Dino Kritsiotis and published by Cambridge University Press. This book was released on 2023-07-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

Reparations for Victims of Armed Conflict

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Publisher : Cambridge University Press
ISBN 13 : 1108480950
Total Pages : 303 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reparations for Victims of Armed Conflict by : Cristián Correa

Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

Law Applicable to Armed Conflict

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Publisher : Cambridge University Press
ISBN 13 : 9781108722988
Total Pages : 260 pages
Book Rating : 4.7/5 (229 download)

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Book Synopsis Law Applicable to Armed Conflict by : Ziv Bohrer

Download or read book Law Applicable to Armed Conflict written by Ziv Bohrer and published by Cambridge University Press. This book was released on 2020-02-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

International Law and the Classification of Conflicts

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Publisher : OUP Oxford
ISBN 13 : 0191632236
Total Pages : 568 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Ethics of Armed Humanitarian Intervention

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Publisher : Cambridge University Press
ISBN 13 : 1107036364
Total Pages : 297 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Ethics of Armed Humanitarian Intervention by : Don E. Scheid

Download or read book The Ethics of Armed Humanitarian Intervention written by Don E. Scheid and published by Cambridge University Press. This book was released on 2014-04-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: New essays on philosophical, legal, and moral aspects of armed humanitarian intervention, including discussion of the 2011 bombing in Libya.

Humanitarian Military Intervention

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Publisher : Oxford University Press, USA
ISBN 13 : 0199252432
Total Pages : 314 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Humanitarian Military Intervention by : Taylor B. Seybolt

Download or read book Humanitarian Military Intervention written by Taylor B. Seybolt and published by Oxford University Press, USA. This book was released on 2007 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.

Foreign Powers and Intervention in Armed Conflicts

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Publisher : Stanford University Press
ISBN 13 : 0804782946
Total Pages : 213 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Foreign Powers and Intervention in Armed Conflicts by : Aysegul Aydin

Download or read book Foreign Powers and Intervention in Armed Conflicts written by Aysegul Aydin and published by Stanford University Press. This book was released on 2012-07-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intervention in armed conflicts is full of riddles that await attention from scholars and policymakers. This book argues that rethinking intervention—redefining what it is and why foreign powers take an interest in others' conflicts—is of critical importance to understanding how conflicts evolve over time with the entry and exit of external actors. It does this by building a new model of intervention that crosses the traditional boundaries between economics, international relations theory, and security studies, and places the economic interests and domestic political institutions of external states at the center of intervention decisions. Combining quantitative and qualitative evidence from both historical and contemporary conflicts, including interventions in both interstate conflicts and civil wars, it presents an in-depth discussion of a range of interventions—diplomatic, economic, and military—in a variety of international contexts, creating a comprehensive model for future research on the topic.

Foreign Armed Intervention in Internal Conflict

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Publisher : BRILL
ISBN 13 : 9004636080
Total Pages : 244 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Foreign Armed Intervention in Internal Conflict by : Antonio Tanca

Download or read book Foreign Armed Intervention in Internal Conflict written by Antonio Tanca and published by BRILL. This book was released on 2023-09-25 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this book is to inquire into the system of norms regulating the `internationalization' of internal conflicts. The traditional distinction between international and internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful and extraordinarily useful examination of all relevant cases of `internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a continuum between the two situations, not only as a matter of fact but also with respect to their legal regulation.

Internationalized Armed Conflicts in International Law

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Publisher : Oxford University Press
ISBN 13 : 0192551787
Total Pages : 321 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak

Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

State Consent to Foreign Military Intervention during Civil Wars

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Publisher : BRILL
ISBN 13 : 9004510451
Total Pages : 403 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis State Consent to Foreign Military Intervention during Civil Wars by : Seyfullah Hasar

Download or read book State Consent to Foreign Military Intervention during Civil Wars written by Seyfullah Hasar and published by BRILL. This book was released on 2022-04-04 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship.

Self-Defence against Non-State Actors

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Publisher : Cambridge University Press
ISBN 13 : 1107190746
Total Pages : 313 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Self-Defence against Non-State Actors by : Mary Ellen O'Connell

Download or read book Self-Defence against Non-State Actors written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a multi-perspective study of the international law on self-defence against non-State actors.

Foreign Military Intervention

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Publisher : Columbia University Press
ISBN 13 : 9780231072946
Total Pages : 362 pages
Book Rating : 4.0/5 (729 download)

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Book Synopsis Foreign Military Intervention by : Ariel Levite

Download or read book Foreign Military Intervention written by Ariel Levite and published by Columbia University Press. This book was released on 1992 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strong nation-states often assume that they can use their military might to intervene in civil wars and otherwise reshape the domestic political order of weaker states. Often, however, as recent history demonstrates, foreign military interventions end up becoming protracted conflicts. This was the case, for example, for the United States in Vietnam, the Soviet Union in Afghanistan, Syria in Lebanon, Israel in Lebanon, South Africa and Cuba in Angola, and India in Sri Lanka. Some of these cases resulted in major setbacks; in others, a greater degree of success was achieved. But in all six, the interventions turned out to be long, complicated, and costly undertakings with far-reaching repercussions. Foreign Military Intervention: The Dynamics of Protracted Conflict brings together prominent scholars in an ambitious and innovative comparative study. The six case studies noted above constitute a diverse set, involving superpowers and regional powers, democracies and non-democracies, neighboring states and distant states, and incumbent regimes and insurgent movements. The book examines both the similarities and the differences among these cases, identifying key patterns and gaining insights both about the individual cases themselves and the dynamics of foreign military intervention in general. Each case study is structured according to three analytical stages of intervention--getting in, staying in, and getting out--and is focused through three levels of analysis: the international system, the domestic context of the intervening state, and the domestic context of the target state. Three additional chapters provide cross-case comparisons along each of the analytic stages, adding depth and richness to the study. A concluding chapter by the editors provides additional perspective on foreign military interventions, integrating major arguments and presenting key theoretical as well as policy-oriented findings. While all six cases are drawn from the Cold War era, the issues raised and dilemmas posed never have been strictly tied to any particular system structure. Indeed, they preceded the Cold War and, as already evident amidst the new and widespread domestic instability of the post-Cold War world, will postdate it. Foreign Military Intervention: The Dynamics of Protracted Conflict thus is a timely, important study of value and relevance both to scholars and policymakers dealing with the challenges of contemporary world politics.

The Use of Force and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108643418
Total Pages : 442 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Use of Force and International Law by : Christian Henderson

Download or read book The Use of Force and International Law written by Christian Henderson and published by Cambridge University Press. This book was released on 2018-05-10 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.