Military Operations and the Notion of Control Under International Law

Military Operations and the Notion of Control Under International Law
Author: Rogier Bartels
Publisher: T.M.C. Asser Press
Total Pages: 459
Release: 2021-08-22
Genre: Law
ISBN: 9789462653979

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This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.

The Handbook of the International Law of Military Operations

The Handbook of the International Law of Military Operations
Author: Terry D. Gill
Publisher: Oxford University Press
Total Pages: 790
Release: 2015
Genre: History
ISBN: 0198744625

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Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force.

Rules of Engagement and the International Law of Military Operations

Rules of Engagement and the International Law of Military Operations
Author: J. F. R. Boddens Hosang
Publisher: Oxford University Press
Total Pages: 429
Release: 2020-01-31
Genre: Law
ISBN: 0192595504

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The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.

The Law of Armed Conflict

The Law of Armed Conflict
Author: Geoffrey S. Corn
Publisher: Aspen Publishing
Total Pages: 744
Release: 2018-09-14
Genre: Law
ISBN: 1543802915

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The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.

International Military Missions and International Law

International Military Missions and International Law
Author: Marco Odello
Publisher: Martinus Nijhoff Publishers
Total Pages: 331
Release: 2011-10-14
Genre: Law
ISBN: 9004174370

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By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.

The changing rules on the use of force in international law

The changing rules on the use of force in international law
Author: Tarcisio Gazzini
Publisher: Manchester University Press
Total Pages: 404
Release: 2022-12-20
Genre: Law
ISBN: 1526170485

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Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.