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Hpcr Manual On International Law Applicable To Air And Missile Warfare

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Publisher: Cambridge University Press
ISBN: 1107245095
Size: 60.18 MB
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The HPCR Manual on International Law Applicable to Air and Missile Warfare provides an up-to-date restatement of existing international law applicable to the conduct of air and missile warfare. The HPCR Manual and its associated rule-by-rule Commentary are the results of a six-year endeavor led by the Program on Humanitarian Policy and Conflict Research (HPCR) at Harvard University, during which it convened an international group of renowned legal experts and practitioners to reflect on the current legal framework regulating air and missile warfare from various sources of international law. Through the publication of the HPCR Manual and its associated Commentary, HPCR hopes that legal advisors and military officers will benefit from an in-depth presentation - and interpretation - of international law applicable to military operations involving air and missile warfare. As a result, it is expected that a greater clarity of the law will enhance the protection of civilians in armed conflict.

Armed Conflict And Environmental Damage

Author: U C Jha
Publisher: Vij Books India Pvt Ltd
ISBN: 9382652817
Size: 80.67 MB
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Armed conflict and military activities have serious adverse impacts on the environment. Modern weaponry, troop movements, landmines, hazardous military waste, and the destruction of forests for military use are a few sources of harm to the environment both during armed conflict and peacetime military activities. Ecological assaults in combat areas are often kept a secret by the government, resulting in even greater humanitarian and environmental harm. Environmental degradation is increasingly being recognized as one of the most significant challenges of the 21st century and its effects are being felt worldwide. Both domestic and international legislations have been inadequate in mitigating the impact of military activities. This book provides details of the environmental destruction wreaked during international and non-international armed conflicts and argues that the existing legal regime for the protection of the environment during armed conflict requires substantial modification. It puts forward the view that though it is inconceivable to impose an absolute ban on environmental damage during military operations, strengthening and clarifying the existing laws protecting the environment in times of conflict, and enforcing environment-friendly practices among military forces could go a long way in protecting natural assets of our earth.

The Relationship Between Economic Social And Cultural Rights And International Humanitarian Law

Author: Amrei Müller
Publisher: Martinus Nijhoff Publishers
ISBN: 9004245286
Size: 64.91 MB
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In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural rights and international humanitarian law to non-international armed conflicts.

The Law In War

Author: Geoffrey Corn
Publisher: Routledge
ISBN: 1317436202
Size: 76.46 MB
Format: PDF
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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.

Fighting At The Legal Boundaries

Author: Kenneth Watkin
Publisher: Oxford University Press
ISBN: 019045797X
Size: 48.80 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 And Drone Strikes In Pakistan

Author: Sikander Ahmed Shah
Publisher: Routledge
ISBN: 1134074344
Size: 47.25 MB
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While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

The Liberal Way Of War

Author: Dr Robert P Barnidge Jr
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409467414
Size: 36.18 MB
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Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ‘responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.

Cyber Operations And The Use Of Force In International Law

Author: Marco Roscini
Publisher: Oxford University Press
ISBN: 0199655014
Size: 42.67 MB
Format: PDF, Mobi
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Recent years have seen a significant increase in the scale and sophistication of cyber attacks employed by, or against, states and non-state actors. This book investigates the international legal regime that applies to such attacks, and investigates how far the traditional rules of international humanitarian law can be used in these situations.