Ius In Bello

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The Distinction and Relationship between Jus ad Bellum and Jus in Bello

Author : Keiichiro Okimoto
Publisher : Hart Publishing
ISBN 13 : 9781849460552
Total Pages : 390 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Distinction and Relationship between Jus ad Bellum and Jus in Bello by : Keiichiro Okimoto

Download or read book The Distinction and Relationship between Jus ad Bellum and Jus in Bello written by Keiichiro Okimoto and published by Hart Publishing. This book was released on 2011-07-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.

International Law And Armed Conflict, Exploring the Faultlines

Author : Michael N. Schmitt
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154280
Total Pages : 629 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law And Armed Conflict, Exploring the Faultlines by : Michael N. Schmitt

Download or read book International Law And Armed Conflict, Exploring the Faultlines written by Michael N. Schmitt and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

Author : Noelle Higgins
Publisher : BRILL
ISBN 13 : 9047426347
Total Pages : 288 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime by : Noelle Higgins

Download or read book Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime written by Noelle Higgins and published by BRILL. This book was released on 2009-12-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

Author : Emiliano J. Buis
Publisher : BRILL
ISBN 13 : 9004363823
Total Pages : 329 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece by : Emiliano J. Buis

Download or read book Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece written by Emiliano J. Buis and published by BRILL. This book was released on 2018-05-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

Rights and Civilizations

Author : Gustavo Gozzi
Publisher : Cambridge University Press
ISBN 13 : 1108474233
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rights and Civilizations by : Gustavo Gozzi

Download or read book Rights and Civilizations written by Gustavo Gozzi and published by Cambridge University Press. This book was released on 2019-02-14 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrates the origin and ways of Western hegemony over other civilizations across the world.

The Use of Force against Ukraine and International Law

Author : Sergey Sayapin
Publisher : Springer
ISBN 13 : 9462652228
Total Pages : 465 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Use of Force against Ukraine and International Law by : Sergey Sayapin

Download or read book The Use of Force against Ukraine and International Law written by Sergey Sayapin and published by Springer. This book was released on 2018-09-08 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Weapons and the Law of Armed Conflict

Author : William H. Boothby
Publisher : Oxford University Press
ISBN 13 : 0191044164
Total Pages : 506 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Weapons and the Law of Armed Conflict by : William H. Boothby

Download or read book Weapons and the Law of Armed Conflict written by William H. Boothby and published by Oxford University Press. This book was released on 2016-03-10 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.

The Cambridge Handbook of the Just War

Author : Larry May
Publisher : Cambridge University Press
ISBN 13 : 1107152496
Total Pages : 369 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Cambridge Handbook of the Just War by : Larry May

Download or read book The Cambridge Handbook of the Just War written by Larry May and published by Cambridge University Press. This book was released on 2018-02-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.

Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace

Author : Jens Iverson
Publisher : BRILL
ISBN 13 : 9004331042
Total Pages : 372 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace by : Jens Iverson

Download or read book Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace written by Jens Iverson and published by BRILL. This book was released on 2021-05-31 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.

The Ethics of War

Author : Saba Bazargan
Publisher : Oxford University Press
ISBN 13 : 0199376158
Total Pages : 305 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Ethics of War by : Saba Bazargan

Download or read book The Ethics of War written by Saba Bazargan and published by Oxford University Press. This book was released on 2017-01-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world". Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.

The International Law of Economic Warfare

Author : Teoman M. Hagemeyer-Witzleb
Publisher : Springer Nature
ISBN 13 : 3030728463
Total Pages : 406 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The International Law of Economic Warfare by : Teoman M. Hagemeyer-Witzleb

Download or read book The International Law of Economic Warfare written by Teoman M. Hagemeyer-Witzleb and published by Springer Nature. This book was released on 2021-07-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

Jus in Bello After September 11, 2001

Author : Magne Frostad
Publisher : Nomos Verlagsgesellschaft Mbh & Company
ISBN 13 : 9783832911799
Total Pages : 212 pages
Book Rating : 4.9/5 (117 download)

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Book Synopsis Jus in Bello After September 11, 2001 by : Magne Frostad

Download or read book Jus in Bello After September 11, 2001 written by Magne Frostad and published by Nomos Verlagsgesellschaft Mbh & Company. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between jus ad bellum and jus in bello is such that the use of force in self-defence may have an impact on the entitlement to the status of combatant and prisoner of war. This book examines the jus ad bellum, the jus in bello and the status of prisoner, also in the light of the developments since September 11, 2001. The book addresses international lawyers in private practice, in government service or in the armed forces and students of international law.

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders

Download International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders PDF Online Free

Author : Hitomi Takemura
Publisher : Springer Science & Business Media
ISBN 13 : 3540705279
Total Pages : 259 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders by : Hitomi Takemura

Download or read book International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders written by Hitomi Takemura and published by Springer Science & Business Media. This book was released on 2008-12-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

International Law and the War with Islamic State

Author : Saeed Bagheri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950524
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Law and the War with Islamic State by : Saeed Bagheri

Download or read book International Law and the War with Islamic State written by Saeed Bagheri and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

War, Aggression and Self-Defence

Author : Yoram Dinstein
Publisher : Cambridge University Press
ISBN 13 : 1139503170
Total Pages : 409 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis War, Aggression and Self-Defence by : Yoram Dinstein

Download or read book War, Aggression and Self-Defence written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2011-10-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Encyclopedia of Global Justice

Author : Deen K. Chatterjee
Publisher :
ISBN 13 : 9781784027018
Total Pages : pages
Book Rating : 4.0/5 (27 download)

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Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee

Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry.

Research Handbook on International Conflict and Security Law

Author : Nigel D. White
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808570
Total Pages : 699 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Research Handbook on International Conflict and Security Law by : Nigel D. White

Download or read book Research Handbook on International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.