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Fighting At The Legal Boundaries

Author: Kenneth Watkin
Publisher: Oxford University Press
ISBN: 019045797X
Size: 65.22 MB
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The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

International Law

Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 1316991741
Size: 62.33 MB
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International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

The Law In War

Author: Geoffrey Corn
Publisher: Routledge
ISBN: 1317436202
Size: 51.98 MB
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This book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.

Outsourcing War And Peace

Author: Laura Anne Dickinson
Publisher: Yale University Press
ISBN: 0300168527
Size: 40.44 MB
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This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --

Testing The Boundaries Of International Humanitarian Law

Author: Susan Carolyn Breau
Publisher: British Inst of International & Comparative
ISBN:
Size: 59.19 MB
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This collection of essays comes as the first British Institute of International and Comparative Law publication in the field of international humanitarian law in over a dozen years. This new book explores the important and topical subject of 21st century conflict and the implications for international humanitarian law. The areas covered include in-depth analysis of topical issues such as terrorism and complex security situations, legal fault-lines, contemporary warfare, post-conflict management, and in problems relative to occupation, interrelations between humanitarian law, and human rights. A special section is dedicated to the creation and role of the Iraqi Special Tribunal.

Understanding Conflict And Conflict Analysis

Author: Ho-Won Jeong
Publisher: SAGE
ISBN: 1473902894
Size: 11.57 MB
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'...effectively fills a long-standing void and will no doubt be hailed as a much-needed new addition to the literature... This text very much exemplifies the strength of Ho-Won Jeong as a theorist and one of the more prolific writers in the larger peace and conflict studies field... the final three chapters on 'De-escalation Dynamics' (which includes a brief section on third party intervention), on 'Conciliation Strategies,' and especially the one on 'Ending Conflict,' which provides a range of outcomes beyond the usual focus on third party intervention (read mediation) epitomizes the value of this new text' - Journal of Peace Research '...an awesome tour d'horizon of modern war, violence, and confrontation within and between nations. Illustrating via just about every conflict in every corner of the world, the author invokes an endless array of insights and interpretations, ranging from the micro to the macro, beautifully written in a seamless sequence of closely linked and discursive essays.' - Professor J. David Singer, University of Michigan 'Ho-Won Jeong has written an illuminatinbg analysis of the dynamics of conflict. He lays out the tools we have to analyze conflict in a literate and comprehensive way. A valuable book for anyone interested in a more comprehensive understanding of conflict, its sources, and its deescalation and termination' - Janice Gross Stein, Belzberg Professor of Conflict Management, Director, Munk Centre for International Studies, University of Toronto 'Jeong has successfully combined behavioral and structural analysis of the dynamics of social conflict. This volume covers the multiple dimensions - escalation, entrapment, de-escalation, termination, and resolution - both of violent and non-violent confrontation between adversaries, as well as the utility and limitations of external intervention. For students of the social sciences, it should serve as an excellent introduction to the complex realities of social conflict.' - Milton Esman, John S. Knight Professor of International Studies, Emeritus, Cornell University By examining the dynamic forces which shape and re-shape major conflicts, this timely book provides students with the knowledge base needed to successfully study conflict sources, processes and transformations. Broad in focus, it addresses the multiple social, political and psychological features central to understanding conflict situations and behaviour. A range of both recent and historical examples (including the Arab-Israeli conflict, the 'War on Terrorism', the Cold War, and the civil wars in Sudan, former Yugoslavia and Sri Lanka) are discussed, illustrating the application of concepts and theories essential to the analysis of inter-group, inter-state and intra-state conflict and conflict resolution in a wider context. Understanding Conflict and Conflict Analysis is key reading for students of international relations, peace and conflict studies, conflict resolution, international security and international law.

International Law And New Wars

Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316764532
Size: 56.97 MB
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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

Managing Conflict In A World Adrift

Author: CHESTER A.. HAMPSON CROCKER (FEN OSLER. AALL, PAMELA.)
Publisher: McGill-Queen's Press - MQUP
ISBN: 1928096093
Size: 38.28 MB
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"The eagerly anticipated follow up to Leashing the Dogs of War. In the midst of a global political shift where power moves from central institutions to smaller, more disbursed units, another landmark text edited by Chester A. Crocker, Fen Osler Hampson and Pamela Aall provides essential insights and practical guidance. In Managing Conflict in a World Adrift, 40 of the world's leading international affairs analysts examine the relationship between political, social or economic change and the outbreak and spread of conflict. They then consider what this means for conflict management." --

Humanitarian Military Intervention

Author: Taylor B. Seybolt
Publisher: SIPRI Publication
ISBN: 9780199252435
Size: 71.94 MB
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Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the central premise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were the defining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are the objectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. The focus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types. Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a governmentsubjects its citizens to massive violation of their basic human rights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.