The International Law Of Armed Conflictpersonal And Material Fields Of Application

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The International Law of Armed Conflict: Personal and Material Fields of Application

Author : Edward K. Kwakwa
Publisher : BRILL
ISBN 13 : 9004642293
Total Pages : 224 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The International Law of Armed Conflict: Personal and Material Fields of Application by : Edward K. Kwakwa

Download or read book The International Law of Armed Conflict: Personal and Material Fields of Application written by Edward K. Kwakwa and published by BRILL. This book was released on 2023-11-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.

The International Law of Armed Conflict:Personal and Material Fields of Application

Author : Edward Kwakwa
Publisher : Springer
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The International Law of Armed Conflict:Personal and Material Fields of Application by : Edward Kwakwa

Download or read book The International Law of Armed Conflict:Personal and Material Fields of Application written by Edward Kwakwa and published by Springer. This book was released on 1992-09-10 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.

An Introduction to the International Law of Armed Conflicts

Author : Robert Kolb
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314600
Total Pages : 372 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis An Introduction to the International Law of Armed Conflicts by : Robert Kolb

Download or read book An Introduction to the International Law of Armed Conflicts written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

International Law and Armed Conflict

Author : Lauroe R. Blank
Publisher : Aspen Publishing
ISBN 13 : 1543835546
Total Pages : 486 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis International Law and Armed Conflict by : Lauroe R. Blank

Download or read book International Law and Armed Conflict written by Lauroe R. Blank and published by Aspen Publishing. This book was released on 2021-07-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict

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.

The Law of Non-International Armed Conflict

Author : Sandesh Sivakumaran
Publisher : Oxford University Press
ISBN 13 : 0199239797
Total Pages : 696 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of Non-International Armed Conflict by : Sandesh Sivakumaran

Download or read book The Law of Non-International Armed Conflict written by Sandesh Sivakumaran and published by Oxford University Press. This book was released on 2012-08-09 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.

The Oxford Handbook of International Law in Armed Conflict

Author : Andrew Clapham
Publisher :
ISBN 13 : 0199559694
Total Pages : 1009 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham

Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

The Handbook of International Humanitarian Law

Author : Dieter Fleck
Publisher : OUP Oxford
ISBN 13 : 0191641480
Total Pages : 768 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Dieter Fleck

Download or read book The Handbook of International Humanitarian Law written by Dieter Fleck and published by OUP Oxford. This book was released on 2013-08-29 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.

Routledge Handbook of the Law of Armed Conflict

Author : Rain Liivoja
Publisher : Routledge
ISBN 13 : 1136028803
Total Pages : 665 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Routledge Handbook of the Law of Armed Conflict by : Rain Liivoja

Download or read book Routledge Handbook of the Law of Armed Conflict written by Rain Liivoja and published by Routledge. This book was released on 2016-04-28 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

International Humanitarian Law

Author : Marco Sassòli
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886918
Total Pages : 796 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis International Humanitarian Law by : Marco Sassòli

Download or read book International Humanitarian Law written by Marco Sassòli and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.

Armed Conflict and Forcible Displacement

Author : Elena Katselli Proukaki
Publisher : Routledge
ISBN 13 : 1317243897
Total Pages : 227 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Armed Conflict and Forcible Displacement by : Elena Katselli Proukaki

Download or read book Armed Conflict and Forcible Displacement written by Elena Katselli Proukaki and published by Routledge. This book was released on 2018-03-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

War Law

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
ISBN 13 : 155584846X
Total Pages : 224 pages
Book Rating : 4.5/5 (558 download)

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Book Synopsis War Law by : Michael Byers

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

The Oxford Guide to International Humanitarian Law

Author : Ben Saul
Publisher : Oxford University Press
ISBN 13 : 0192597493
Total Pages : 481 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Guide to International Humanitarian Law by : Ben Saul

Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Armed Conflict and International Law: In Search of the Human Face

Author : Mariëlle Matthee
Publisher : Springer Science & Business Media
ISBN 13 : 9067049182
Total Pages : 392 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Armed Conflict and International Law: In Search of the Human Face by : Mariëlle Matthee

Download or read book Armed Conflict and International Law: In Search of the Human Face written by Mariëlle Matthee and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

Detention in Non-international Armed Conflict

Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
ISBN 13 : 0198749929
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Detention in Non-international Armed Conflict by : Lawrence Hill-Cawthorne

Download or read book Detention in Non-international Armed Conflict written by Lawrence Hill-Cawthorne and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the treaty law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, focusing on preventive, security detention, or 'internment'. All relevant areas of international law, notably international humanitarian law (IHL), human rights law (IHRL), and international criminal law, are analysed in detail with reference to case law. It is shown that, contrary to conventional wisdom, IHL is not entirely silent here, but rather contains a general prohibition of internment that is not necessary as a result of the conflict. The book then gives an original account of the relationship between IHL and IHRL, which helps to move beyond the intractable debates that dominate the literature in this area. Applying this account, and referring to state practice in specific non-international conflicts, it is demonstrated that treaty and customary-based IHRL continues, absent derogation, to regulate detention in non-international conflicts. Importantly, the under-explored question of the practical application of these rules in such situations is then explored in detail, which should guide states, courts, and others in this area. The book concludes with a set of concrete proposals for developing the law, in a manner that builds upon the existing obligations of states and non-state armed groups--Book jacket.

Armed Conflicts and the Environment

Author : Anne Dienelt
Publisher : Springer Nature
ISBN 13 : 3030993396
Total Pages : 362 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Armed Conflicts and the Environment by : Anne Dienelt

Download or read book Armed Conflicts and the Environment written by Anne Dienelt and published by Springer Nature. This book was released on 2022-08-12 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

The Concept of Non-International Armed Conflict in International Humanitarian Law

Author : Anthony Cullen
Publisher : Cambridge University Press
ISBN 13 : 1139486608
Total Pages : 237 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Concept of Non-International Armed Conflict in International Humanitarian Law by : Anthony Cullen

Download or read book The Concept of Non-International Armed Conflict in International Humanitarian Law written by Anthony Cullen and published by Cambridge University Press. This book was released on 2010-04-08 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.