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Right To National Self Defense
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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.
Book Synopsis Human Rights and Personal Self-defense in International Law by : Jan Arno Hessbruegge
Download or read book Human Rights and Personal Self-defense in International Law written by Jan Arno Hessbruegge and published by Oxford University Press. This book was released on 2017 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) issued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law --Verso of title page.
Book Synopsis NATO Rules of Engagement by : Camilla Guldahl Cooper
Download or read book NATO Rules of Engagement written by Camilla Guldahl Cooper and published by BRILL. This book was released on 2019-12-02 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
Book Synopsis Self-defence in International Law by : D. W. Bowett
Download or read book Self-defence in International Law written by D. W. Bowett and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).
Book Synopsis Right to National Self-Defense by : Dimitrios Delibasis
Download or read book Right to National Self-Defense written by Dimitrios Delibasis and published by Arena books. This book was released on 2007-11-19 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious work which took the better part of a decade to produce will be essential reading for all serious defence study students, and of absorbing interest to military professionals and lay people concerned with the future of warfare and all aspects of response to military attack. Its ultimate aim is to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. It attempts to do so by critically analyzing specific characteristics which are inherent to Cyberwarfare such as stealth, speed, untraceability, the availability to State as well as Non-State sponsored agents, their defiance of traditional borders, and an unprecedented potential for destruction, all of which have played a major role in making obsolescent traditional legal norms relied upon for the effective regulation of the use of force. It follows from the above that no defence system can be effectively regulated, especially one as new and unconventional as Information Warfare, unless all its specific aspects are explored as deeply as possible.The best means to achieve such a purpose have been deemed to be through the inclusion as well as the careful analysis of as many real life examples of Information Warfare operations as possible in order to illustrate the special nature of Information Warfare and its various individual features. The examples compiled for inclusion have been selected not on the basis of being the most recent, but on the basis of their factual background being as fully known as possible. Consequently, this book has been constructed around the concept of legality, starting with a section outlining currently existing legal norms of individual self-defense, then applying those norms to Information Warfare Operations including a presentation of existing international legal instruments with provisions applicable to Information Warfare which could serve as additional essential guidelines for a future legal framework specifically crafted to regulate the use of force in cyberspace. Last but not least this book sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.It ultimately shows the extent to which traditional legal thinking, which is shaped around the premise of regulating typical forms of State forcible action, when faced with such methods of warfare is totally obsolete.
Book Synopsis International Law and New Wars by : Christine Chinkin
Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Book Synopsis Right To National Self-Defense by : Dimitrios Delibasis
Download or read book Right To National Self-Defense written by Dimitrios Delibasis and published by Arena books. This book was released on 2007-11-19 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious work which took the better part of a decade to produce will be essential reading for all serious defence study students, and of absorbing interest to military professionals and lay people concerned with the future of warfare and all aspects of response to military attack.Its ultimate aim is to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. It attempts to do so by critically analyzing specific characteristics which are inherent to Cyberwarfare such as stealth, speed, untraceability, the availability to State as well as Non-State sponsored agents, their defiance of traditional borders, and an unprecedented potential for destruction, all of which have played a major role in making obsolescent traditional legal norms relied upon for the effective regulation of the use of force. It follows from the above that no defence system can be effectively regulated, especially one as new and unconventional as Information Warfare, unless all its specific aspects are explored as deeply as possible. The best means to achieve such a purpose have been deemed to be through the inclusion as well as the careful analysis of as many real life examples of Information Warfare operations as possible in order to illustrate the special nature of Information Warfare and its various individual features. The examples compiled for inclusion have been selected not on the basis of being the most recent, but on the basis of their factual background being as fully known as possible. Consequently, this book has been constructed around the concept of legality, starting with a section outlining currently existing legal norms of individual self-defense, then applying those norms to Information Warfare Operations including a presentation of existing international legal instruments with provisions applicable to Information Warfare which could serve as additional essential guidelines for a future legal framework specifically crafted to regulate the use of force in cyberspace. Last but not least this book sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force. It ultimately shows the extent to which traditional legal thinking, which is shaped around the premise of regulating typical forms of State forcible action, when faced with such methods of warfare is totally obsolete.
Book Synopsis 'Armed Attack' and Article 51 of the UN Charter by : Tom Ruys
Download or read book 'Armed Attack' and Article 51 of the UN Charter written by Tom Ruys and published by Cambridge University Press. This book was released on 2010-11-25 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Book Synopsis War and Self-Defense by : David Rodin
Download or read book War and Self-Defense written by David Rodin and published by OUP Oxford. This book was released on 2002-10-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to internationalrelations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics ofinternational relations.
Book Synopsis Self-Defence in International and Criminal Law by : Onder Bakircioglu
Download or read book Self-Defence in International and Criminal Law written by Onder Bakircioglu and published by Routledge. This book was released on 2011-05-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
Book Synopsis Self-defense in Islamic and International Law by : N. Shah
Download or read book Self-defense in Islamic and International Law written by N. Shah and published by Springer. This book was released on 2008-03-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.
Book Synopsis Defending Humanity by : George P. Fletcher
Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Book Synopsis Counter-Terrorism Strategies in a Fragmented International Legal Order by : Larissa J. Herik
Download or read book Counter-Terrorism Strategies in a Fragmented International Legal Order written by Larissa J. Herik and published by Cambridge University Press. This book was released on 2013-07-18 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the relationship between different branches of international law and their applicability to terrorism.
Book Synopsis The Art of Law in the International Community by : Mary Ellen O'Connell
Download or read book The Art of Law in the International Community written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-05-16 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Book Synopsis Proceedings of a Workshop on Deterring Cyberattacks by : National Research Council
Download or read book Proceedings of a Workshop on Deterring Cyberattacks written by National Research Council and published by National Academies Press. This book was released on 2010-10-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.
Book Synopsis Repertory of Practice of United Nations Organs by : United Nations. Secretary-General
Download or read book Repertory of Practice of United Nations Organs written by United Nations. Secretary-General and published by . This book was released on 1979 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Necessity and Proportionality and the Right of Self-Defence in International Law by : Chris O'Meara
Download or read book Necessity and Proportionality and the Right of Self-Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
