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Author : Howard M. Hensel
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (13 download)
Download or read book The Legitimate Use of Military Force written by Howard M. Hensel and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Professor Howard M Hensel
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409498646
Total Pages : 320 pages
Book Rating : 4.4/5 (94 download)
Download or read book The Legitimate Use of Military Force written by Professor Howard M Hensel and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.
Author : Richard J. Erickson
Publisher :
ISBN 13 : 9780898758115
Total Pages : 0 pages
Book Rating : 4.7/5 (581 download)
Download or read book Legitimate Use of Military Force Against State-Sponsored International Terrorism written by Richard J. Erickson and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A military response has been a viable option for combating international terrorism in the past and it will continue to be an option in the future. Possible military actions range from rescuing hostages to neutralizing terrorist camps and making direct strikes against targets verified as the infrastructure for state-sponsored training and support complexes of complex groups. The military response is part of a larger strategy that seeks to maximize the risk of punishment for terrorists and their sponsors and supporters while minimizing their potential rewards. In this context military action must be consistent with international law. If states decide that all means are justified, then those acting to preserve the rule of law in the face of the terrorist threat will become indistinguishable from the evil they seek to undo. Colonel Erickson?s study presents an overview of international law directed at the issue of managing international terrorism. This study is thought provoking and provides the decision-maker with a useful tool. Of particular note is the checklist provided in appendix A that summarizes chapters 4-6. It behooves everyone dedicated to achieving a world free from terror to learn more of this phenomenon and how we can deal with it. Colonel Erickson?s study, for the first time and in one place, makes available a general survey of international law concerning this subject. I highly recommend his study. Robert W. Norris Major General, United States Air Force The Judge Advocate General, United States Air Force
Author : Howard M. Hensel
Publisher : Routledge
ISBN 13 : 1317019083
Total Pages : 396 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Prism of Just War written by Howard M. Hensel and published by Routledge. This book was released on 2016-03-03 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.
Author : Richard J. Erickson
Publisher :
ISBN 13 :
Total Pages : 267 pages
Book Rating : 4.:/5 (223 download)
Download or read book Legitimate Use of Military Force Against State-sponsored International Terrorism written by Richard J. Erickson and published by . This book was released on 1987 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jennifer Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437983545
Total Pages : 112 pages
Book Rating : 4.4/5 (379 download)
Download or read book Declarations of War (DOW) and Authorizations for the Use of Military Force written by Jennifer Elsea and published by DIANE Publishing. This book was released on 2011-06 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Washington Admin. to the present, Congress and the Pres. have enacted 11 separate formal DoW against foreign nations in five different wars. This report provides historical background on the enactment of DoW and authorizations for the use of force and analyzes their legal effects under internat. and U.S. domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a DoW, a declaration of national emergency, and/or the existence of a state of war. Also includes a summary of the congressional procedures applicable to the enactment of a DoW or authorization for the use of force and to measures under the War Powers Resolution. This is a print on demand report.
Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0198040350
Total Pages : 286 pages
Book Rating : 4.1/5 (98 download)
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.
Author : Howard M. Hensel
Publisher : Routledge
ISBN 13 : 1317019091
Total Pages : 292 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Prism of Just War written by Howard M. Hensel and published by Routledge. This book was released on 2016-03-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.
Author : Andrew Scobell
Publisher : Cambridge University Press
ISBN 13 : 9780521525855
Total Pages : 324 pages
Book Rating : 4.5/5 (258 download)
Download or read book China's Use of Military Force written by Andrew Scobell and published by Cambridge University Press. This book was released on 2003-09-08 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique study of China s militarism, Andrew Scobell examines the use of military force abroad - as in Korea (1950), Vietnam (1979), and the Taiwan Strait (1995 1996) - and domestically, as during the Cultural Revolution of the late 1960s and in the 1989 military crackdown in Tiananmen Square. Debunking the view that China has become increasingly belligerent in recent years because of the growing influence of soldiers, Scobell concludes that China s strategic culture has remained unchanged for decades. Nevertheless, the author uncovers the existence of a Cult of Defense in Chinese strategic culture. The author warns that this Cult of Defense disposes Chinese leaders to rationalize all military deployment as defensive, while changes in the People s Liberation Army s doctrine and capabilities over the past two decades suggest that China s twenty-first century leaders may use military force more readily than their predecessors.
Author : Elke Krahmann
Publisher : Cambridge University Press
ISBN 13 : 1139483684
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book States, Citizens and the Privatisation of Security written by Elke Krahmann and published by Cambridge University Press. This book was released on 2010-02-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a growing role for private military contractors in national and international security. To understand the reasons for this, Elke Krahmann examines changing models of the state, the citizen and the soldier in the UK, the US and Germany. She focuses on both the national differences with regard to the outsourcing of military services to private companies and their specific consequences for the democratic control over the legitimate use of armed force. Tracing developments and debates from the late eighteenth century to the present, she explains the transition from the centralized warfare state of the Cold War era to the privatized and fragmented security governance, and the different national attitudes to the privatization of force.
Author : Thilo Marauhn
Publisher : BRILL
ISBN 13 : 9004380590
Total Pages : 700 pages
Book Rating : 4.0/5 (43 download)
Download or read book Legal Restraints on the Use of Military Force written by Thilo Marauhn and published by BRILL. This book was released on 2020-12-15 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Author : Craig Perez
Publisher :
ISBN 13 : 9781634829885
Total Pages : 185 pages
Book Rating : 4.8/5 (298 download)
Download or read book Enactment of War and the Use of Military Force written by Craig Perez and published by . This book was released on 2015 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article I, Section 8, of the Constitution vests in Congress the power to declare War. Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nation's ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency.This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It provides historical background on each of the declarations of war and on several major authorizations for the use of force that have been enacted; analyzes the implications of declarations of war and authorizations for the use of force under both international law and domestic law; lists and summarizes the more than 250 standby statutory authorities that can come into effect pursuant to a declaration of war, the existence of a state of war, and/or a declaration of national emergency; describes the procedures in Congress governing the consideration of declarations of war and authorizations for the use of force, including the procedures under the War Powers Resolution; and sets forth in two appendices the texts of all of the declarations of war and the major authorizations for the use of force that have been enacted.
Author : BPI Information Services
Publisher : Bpi Information Services
ISBN 13 : 9781579791490
Total Pages : 274 pages
Book Rating : 4.7/5 (914 download)
Download or read book Legitimate Use of Military Force Against State-Sponsored International Terrorism written by BPI Information Services and published by Bpi Information Services. This book was released on 1989-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents, for the first time, a general survey of international laws directed at the issue of managing international terrorism. Winner of the USAF Historical Foundation's Colonel James Cannell Memorial Award. Thought provoking!
Author : Marco Longobardo
Publisher : Cambridge University Press
ISBN 13 : 1108473415
Total Pages : 351 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Use of Armed Force in Occupied Territory written by Marco Longobardo and published by Cambridge University Press. This book was released on 2018-10-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the use of armed force in occupied territory under different international law branches.
Author : Carl von Clausewitz
Publisher :
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.F/5 ( download)
Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard J. Erickson Lt USAF
Publisher :
ISBN 13 : 9781463763442
Total Pages : 206 pages
Book Rating : 4.7/5 (634 download)
Download or read book Legitimate Use of Military Force Against State-Sponsored International Terrorism written by Richard J. Erickson Lt USAF and published by . This book was released on 2009-07-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study should help us as a nation deal with being uncertain as to how best to deal with the threat posed by terrorism. We do not understand international terrorism in an international law context. We tend to emphasize the inadequacies of international law in dealing with terrorism without fully comprehending the usefulness of international law. We need an anchor for our thinking and for our actions. We need to return to basics, to grasp the fundamentals. We need to clarify in our own minds what our legal approach to international terrorism should be and what assumptions we must make in taking such an approach. Both private and public studies, including one by the Vice President.s Task Force on Combatting Terrorism, have called for an in-depth legal analysis of this social phenomenon. As members of a democratic society we are governed by the rule of law. Yet, we know so little about the role of law in combating international terrorism, which is both ironic and sad. We need to improve our intellect and sharpen our insight into such issues as: What is the legal responsibility of one state to another and to the international community concerning terrorism? How should terrorism be approached? Should it be considered a criminal activity in a law enforcement context or should it be viewed as a combatant activity in an armed conflict context? What legal reasoning exists to support the use of military force against international terrorists as well as their state sponsors and supporters? This study, written for both the lawyer and the lay person, explores these and other legal issues. For the benefit of the general reader, the text has been written with minimum reliance upon legal jargon. The legal scholar should refer to the endnotes for a more exhaustive legal treatment of concepts and issues. Chapter 1 looks at the nature of international terrorism and the seriousness of the threat. This chapter is important because it provides a foundation for judging what legal approach we should take to terrorism. It also examines some of the factors that we must consider in deciding on an appropriate legal basis for the employment of military force abroad in combating terrorism. Chapter 2 addresses choice of law, reviewing the pros and cons of various legal approaches to dealing with terrorism. Should the approach be essentially law enforcement or should it be combatant? Should the challenge of international terrorism be viewed as a peacetime crisis or as a situation of armed conflict? Does the degree of state sponsorship or support make a difference? Chapter 3 examines the much overlooked concept of state responsibility. State responsibility is the international law concept of the duty that one state owes to another in the international community. States that sponsor or support terrorist activities against other states do so in disregard of their state responsibility. When this occurs what rights does the injured state acquire? Chapters 4-6 form the core of the study. These chapters show how, throughout the twentieth century and culminating with the United Nations Charter, the international community has sought to restrain the use of force as a method for resolving international disputes. Today, only a limited number of circumstances justify the force option. These circumstances are contained in legal concepts or principles that, if satisfied, could serve as a rationale for legitimate use of military force abroad. Such principles include, for example, individual and collective selfdefense, anticipatory self defense, regional peacekeeping, protection of one's nationals, and invitation. Chapter 7 summarizes the lessons learned and offers some thought about future directions. Finally, a detailed bibliography provides the reader with a starting point for further independent research.
Author : Jennifer Elsea
Publisher :
ISBN 13 :
Total Pages : 109 pages
Book Rating : 4.:/5 (71 download)
Download or read book Declarations of War and Authorizations for the Use of Military Force written by Jennifer Elsea and published by . This book was released on 2011 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under War Powers Resolution.
