Jus In Bello After September 11 2001
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Author | : Magne Frostad |
Publisher | : Nomos Verlagsgesellschaft Mbh & Company |
Total Pages | : 212 |
Release | : 2005 |
Genre | : History |
ISBN | : 9783832911799 |
Download Jus in Bello After September 11, 2001 Book in PDF, Epub and Kindle
The relationship between jus ad bellum and jus in bello is such that the use of force in self-defence may have an impact on the entitlement to the status of combatant and prisoner of war. This book examines the jus ad bellum, the jus in bello and the status of prisoner, also in the light of the developments since September 11, 2001. The book addresses international lawyers in private practice, in government service or in the armed forces and students of international law.
Author | : Edward McWhinney |
Publisher | : BRILL |
Total Pages | : 109 |
Release | : 2004-11-01 |
Genre | : Law |
ISBN | : 9047414144 |
Download The September 11 Terrorist Attacks and the Invasion of Iraq in Contemporary International Law Book in PDF, Epub and Kindle
The US administration’s pursuit of the Al-Qaeda organisation and Taliban régime in Afghanistan, responsible for the September 11, 2001 international terrorist attacks, was supported by an international “coalition of the willing” and backed by the full legal authority of UN Security Council Resolutions. The US bid to follow this successful multilateral initiative with similar armed intervention against Saddam Hussein’s government failed to rally support in the Security Council. The US then proceeded to act unilaterally, and with British military support, to invade Iraq. The problems for contemporary international law and the UN Charter based World Order system posed by the conflicts within the Security Council and the assorted legal claims advanced, such as a revived doctrine of Humanitarian Intervention; régime change as a justification for intervention; Preemptive military strikes as an exercise in Self-defence; and Multilateralism versus Unilateralism in the exercise of the Peace and Security powers under the UN Charter, are canvassed in the present collection of legal opinions.
Author | : Timothy Shanahan |
Publisher | : Open Court Publishing |
Total Pages | : 316 |
Release | : 2005 |
Genre | : History |
ISBN | : 9780812695823 |
Download Philosophy 9/11 Book in PDF, Epub and Kindle
Many of the most pressing questions raised by terrorism are philosophical in nature. This book explores the crucial ethical and theoretical issues, such as: What is "terrorism" and how is it different from other types of violence? Do recent terrorist attacks constitute a fundamentally "new" type of terrorism? How can a nation conduct a "just war" against terrorists? Is torture of terrorists during interrogation ever justified? Philosophers and terrorism experts answer these pressing moral and political questions with clarity and wisdom.
Author | : Christine Chinkin |
Publisher | : Cambridge University Press |
Total Pages | : 611 |
Release | : 2017-04-27 |
Genre | : History |
ISBN | : 1107171210 |
Download International Law and New Wars Book in PDF, Epub and Kindle
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author | : T. D. Gill |
Publisher | : Amsterdam University Press |
Total Pages | : 43 |
Release | : 2002 |
Genre | : Afghan War, 2001- |
ISBN | : 9056292560 |
Download The 11th of September and the International Law of Military Operations Book in PDF, Epub and Kindle
Annotation. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056292560.
Author | : Eric E. Smith |
Publisher | : Routledge |
Total Pages | : 228 |
Release | : 2020-03-20 |
Genre | : Political Science |
ISBN | : 131710983X |
Download Just War Theory and Non-State Actors Book in PDF, Epub and Kindle
This book uses an historical body of knowledge, Just War Theory, as the basis for analyzing modern conflicts involving Armed Non-State Actors who employ force against states. As the global community faces the challenges of globalization, terrorism, 24-hour international news coverage, super power collapse, weapons of mass destruction, and failed states, the author explores whether the historic bodies of knowledge governing decision makers during conflict remain relevant. Tracing the evolution of Just War Theory, he analyzes circumstances involving Armed Non-State Actor (ANSA) groups possessing powerful and destructive capabilities and a desire to use them, and pursues answers to the central research question: how does Just War Theory apply in modern scenarios involving ANSA groups who challenge the state and international institution’s monopoly on use of force? The study finds that Just War Theory still has the capacity to accommodate modern day statecraft and application in scenarios involving Armed Non-State Actors. This book will be of great interest to those researching and studying in the fields of political theory, security studies, international relations, war and conflict studies, and public ethics.
Author | : |
Publisher | : DIANE Publishing |
Total Pages | : 107 |
Release | : 2002 |
Genre | : |
ISBN | : 1428960821 |
Download Counter-Terrorism and the Use of Force in International Law Book in PDF, Epub and Kindle
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
Author | : Michael O'Keefe |
Publisher | : Melbourne Univ. Publishing |
Total Pages | : 162 |
Release | : 2002 |
Genre | : Social Science |
ISBN | : 0522850499 |
Download Terrorism and Justice Book in PDF, Epub and Kindle
This is the first book to address philosophically the moral and political underpinnings of terrorism and anti-terrorism. It brings together authors with different attitudes and original perspectives on attitudes and ethical and practical justifications for terrorism.
Author | : Tom Ruys |
Publisher | : Cambridge University Press |
Total Pages | : 617 |
Release | : 2010-11-25 |
Genre | : Law |
ISBN | : 113949483X |
Download 'Armed Attack' and Article 51 of the UN Charter Book in PDF, Epub and Kindle
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Author | : Mary Ellen O'Connell |
Publisher | : Cambridge University Press |
Total Pages | : 313 |
Release | : 2019-08 |
Genre | : Law |
ISBN | : 1107190746 |
Download Self-Defence against Non-State Actors Book in PDF, Epub and Kindle
Provides a multi-perspective study of the international law on self-defence against non-State actors.