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Iraq And The Use Of Force In International Law
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Book Synopsis Iraq and the Use of Force in International Law by : Marc Weller
Download or read book Iraq and the Use of Force in International Law written by Marc Weller and published by Oxford University Press, USA. This book was released on 2010 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: One million people in the UK alone demonstrated against the 2003 invasion of Iraq. A crucial element of the opposition to the war was the lack of a clear legal basis. This is the first book to analyze the lawfulness of the use of force against Iraq on the basis of formerly classified material made public by the official UK inquiry into the war.
Book Synopsis Iraq and the Use of Force in International Law by : Marc Weller
Download or read book Iraq and the Use of Force in International Law written by Marc Weller and published by OUP Oxford. This book was released on 2010-09-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing with the termination of the Iran-Iraq war and the invasion of Kuwait, and concluding with the invasion and occupation of Iraq. The initial phase was characterized by hopes for a functioning collective security system administered by the United Nations as part of a New World Order. The liberation of Kuwait, in particular, was seen by some as a powerful vindication of the prohibition of the use of force and of the UN Security Council. However, the operation was not really conducted in accordance with the requirements for collective security established in the UN Charter. In a second phase, an international coalition launched a humanitarian intervention operation, first in the north of Iraq, and subsequently in the south. That episode is often seen as the fountainhead of the post-Cold War claim to a new legal justification for the use of force in circumstances of grave humanitarian emergency-a claim subsequent challenged during the armed action concerning Kosovo. There then followed repeated uses of force against Iraq in the context of the international campaign to remove its present or future weapons of mass destruction potential. Finally, the episode reached its controversial zenith with the full scale invasion of Iraq led by the US and the UK in 2003. This book analyzes these developments, and their impact on the rule prohibiting force in international relations, in a comprehensive and accessible way. It is the first to draw upon classified materials released by the UK Chilcot inquiry shedding light on the decision to go to war in 2003 and the role played by international law in that context.
Book Synopsis International Law and the Use of Force by : Christine Gray
Download or read book International Law and the Use of Force written by Christine Gray and published by Oxford University Press. This book was released on 2018-02-08 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.
Book Synopsis The Use of Force in International Law by : Tom Ruys
Download or read book The Use of Force in International Law written by Tom Ruys and published by Oxford University Press. This book was released on 2018-04-26 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Book Synopsis International Law and the Use of Force by : Christine D. Gray
Download or read book International Law and the Use of Force written by Christine D. Gray and published by Oxford University Press, USA. This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.
Book Synopsis International Law and the Use of Force by : Christine Gray
Download or read book International Law and the Use of Force written by Christine Gray and published by OUP Oxford. This book was released on 2008-07-17 with total page 2316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.
Book Synopsis Iraq and the Use of Force in International Law by :
Download or read book Iraq and the Use of Force in International Law written by and published by . This book was released on 2010 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: One million people in the UK alone demonstrated against the 2003 invasion of Iraq. A crucial element of the opposition to the war was the lack of a clear legal basis. This is the first book to analyze the lawfulness of the use of force against Iraq on the basis of formerly classified material made public by the official UK inquiry into the war.
Book Synopsis The Iraq War and International Law by : Philip Shiner
Download or read book The Iraq War and International Law written by Philip Shiner and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.
Book Synopsis International Law and the Use of Force by : Shirley V. Scott
Download or read book International Law and the Use of Force written by Shirley V. Scott and published by Bloomsbury Publishing USA. This book was released on 2009-11-25 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of key documents that explain the development, current status, and relevance of the international law governing the initiation of military hostilities. International Law and the Use of Force: A Documentary and Reference Guide brings to life a crucial body of law, explaining its historical origins, the core rules and principles of the regime embodied in the Charter of the United Nations, and contentious aspects of that law in the contemporary world. In light of the intensified interest in the question of justified or unjustified use of force, this timely resource introduces and analyzes over 40 documents relating to the legality of the initiation of military hostilities. The volume presents competing assessments of the legality of key uses of force and explains mainstream positions on important issues such as national right to self-defense, anticipatory and preemptive self-defense, terrorism, aggression, and the role of the UN Security Council. The book concludes by assessing whether the international law that seeks to limit the number of wars has in fact made the world a more peaceful place.
Book Synopsis The changing rules on the use of force in international law by : Tarcisio Gazzini
Download or read book The changing rules on the use of force in international law written by Tarcisio Gazzini and published by Manchester University Press. This book was released on 2022-12-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.
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 592 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.
Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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
Book Synopsis Legitimising the Use of Force in International Politics by : Corneliu Bjola
Download or read book Legitimising the Use of Force in International Politics written by Corneliu Bjola and published by Routledge. This book was released on 2009-09-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.
Book Synopsis The Use of Force in International Law by : Tarcisio Gazzini
Download or read book The Use of Force in International Law written by Tarcisio Gazzini and published by Routledge. This book was released on 2017-07-05 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
Book Synopsis Law And Force In The New International Order by : Lori Fisler Damrosch
Download or read book Law And Force In The New International Order written by Lori Fisler Damrosch and published by Routledge. This book was released on 2019-03-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law—the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.
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 2023-11-30 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a contemporary, comprehensive, well-structured and accessible overview of international law governing the resort to force.
Book Synopsis Determination of the Legality in International Law of Direct Intervention in Iraq on the Authority of Security Council Resolution 1441 by : Patrick Wagner
Download or read book Determination of the Legality in International Law of Direct Intervention in Iraq on the Authority of Security Council Resolution 1441 written by Patrick Wagner and published by GRIN Verlag. This book was released on 2007-10 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), 12 entries in the bibliography, language: English, abstract: International law provides for a general prohibition of the use or the threat of use of force to settle international disputes. Only very few exceptions from this rule exist and are clearly defined in the UN Charter. The question must thus be, if resolution 1441 constitutes such an exception of the rule and thus authorises the use of force against Iraq. A close examination of the resolution shall therefore be the starting point of this discussion. However, it must be said that the wording of any Security Council resolution is subject to individual interpretation. A second step must thus be to apply rules for the interpretation of Security Council resolutions if such rules exist at all. It appears that only very little authoritative guidelines to the interpretation of Security Council resolutions exist and that thus the only reliable source of guidance is previous interpretations. Those promoting direct intervention in Iraq without a further resolution refer to NATO bombings of Kosovo. Similarly to the present situation in Iraq, the Security Council did not explicitly authorise the use of force in that case either. Later, the international community claimed that because no agreement could be reached in the Security Council, military action without Security Council authorisation was necessary in order to prevent genocide. The argument being of course, that a legitimate aim could justify the use of illegal means. The question whether direct intervention in Iraq can be legitimate on the basis of resolution 1441 seems to be a much broader question, which embraces moral and ethical considerations, too. Unfortunately, a discussion of the moral and ethical legitimacy of intervention in Iraq cannot be the topic of this essay. Nevertheless, it is important even in
