Extraterritorial Use of Force against Non-State Actors

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Publisher : BRILL
ISBN 13 : 9004521488
Total Pages : 208 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Extraterritorial Use of Force against Non-State Actors by : Dire Tladi

Download or read book Extraterritorial Use of Force against Non-State Actors written by Dire Tladi and published by BRILL. This book was released on 2022-05-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.

Extraterritorial Use of Force Against Non-State Actors

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199584842
Total Pages : 311 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Extraterritorial Use of Force Against Non-State Actors by : Noam Lubell

Download or read book Extraterritorial Use of Force Against Non-State Actors written by Noam Lubell and published by Oxford University Press. This book was released on 2010-05-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.

Extraterritorial Use of Force Against Non-State Actors

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191018708
Total Pages : 311 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Extraterritorial Use of Force Against Non-State Actors by : Noam Lubell

Download or read book Extraterritorial Use of Force Against Non-State Actors written by Noam Lubell and published by OUP Oxford. This book was released on 2010-05-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

The Extraterritorial Use of Force Against Non-state Actors

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Extraterritorial Use of Force Against Non-state Actors by : Dire Tladi

Download or read book The Extraterritorial Use of Force Against Non-state Actors written by Dire Tladi and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Extraterritorial Use of Force Against Non-state Actors

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (133 download)

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Book Synopsis The Extraterritorial Use of Force Against Non-state Actors by :

Download or read book The Extraterritorial Use of Force Against Non-state Actors written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Self-Defence against Non-State Actors

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107190746
Total Pages : 313 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Self-Defence against Non-State Actors by : Mary Ellen O'Connell

Download or read book Self-Defence against Non-State Actors written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a multi-perspective study of the international law on self-defence against non-State actors.

'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (16 download)

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Book Synopsis 'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors by : A. Blachura

Download or read book 'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors written by A. Blachura and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (115 download)

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Book Synopsis 'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors by : Anna Elzbieta Blachura

Download or read book 'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors written by Anna Elzbieta Blachura and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law and the Classification of Conflicts

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Publisher : OUP Oxford
ISBN 13 : 0191632236
Total Pages : 568 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

The Oxford Handbook of the Use of Force in International Law

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Author :
Publisher :
ISBN 13 : 0199673047
Total Pages : 1377 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Handbook of the Use of Force in International Law by : Marc Weller

Download or read book The Oxford Handbook of the Use of Force in International Law written by Marc Weller and published by . This book was released on 2015 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

Customary International Law in Times of Fundamental Change

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Publisher : Cambridge University Press
ISBN 13 : 1107276764
Total Pages : 241 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Customary International Law in Times of Fundamental Change by : Michael P. Scharf

Download or read book Customary International Law in Times of Fundamental Change written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2013-05-31 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

The Use of Force in International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191087181
Total Pages : 961 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Use of Force in International Law by : Tom Ruys

Download or read book The Use of Force in International Law written by Tom Ruys and published by Oxford University Press. This book was released on 2018-04-26 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

The Right of Extra Territorial Self-Defence Against Autonomously Operating Non-State Actors : Legitimate Or Legal Use of Force

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (134 download)

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Book Synopsis The Right of Extra Territorial Self-Defence Against Autonomously Operating Non-State Actors : Legitimate Or Legal Use of Force by : Giorgi Nakashidze

Download or read book The Right of Extra Territorial Self-Defence Against Autonomously Operating Non-State Actors : Legitimate Or Legal Use of Force written by Giorgi Nakashidze and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

NATO Rules of Engagement

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Publisher : BRILL
ISBN 13 : 9004401687
Total Pages : 498 pages
Book Rating : 4.0/5 (44 download)

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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.

International Law and New Wars

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Publisher : Cambridge University Press
ISBN 13 : 1107171210
Total Pages : 611 pages
Book Rating : 4.1/5 (71 download)

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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'.

Cyber Operations and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108490271
Total Pages : 545 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Cyber Operations and International Law by : François Delerue

Download or read book Cyber Operations and International Law written by François Delerue and published by Cambridge University Press. This book was released on 2020-03-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

Necessity and Proportionality and the Right of Self-Defence in International Law

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Publisher : Oxford University Press
ISBN 13 : 0192608568
Total Pages : 289 pages
Book Rating : 4.1/5 (926 download)

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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.