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War Law
  • Language: en
  • Pages: 224

War Law

  • Categories: Law

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law” (Chris Patten, Chancellor of Oxford University). International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces a...

International Law and New Wars
  • Language: en
  • Pages: 608

International Law and New Wars

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

International Law and Civil Wars
  • Language: en
  • Pages: 286

International Law and Civil Wars

  • Type: Book
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  • Published: 2013
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  • Publisher: Routledge

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the ...

Terrorism, War and International Law
  • Language: en
  • Pages: 294

Terrorism, War and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-04-01
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  • Publisher: Routledge

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

Law and War
  • Language: en
  • Pages: 360

Law and War

In this classic text, Peter Maguire follows America's legal relationship with war, both before and after the Nuremberg trials of the 1940s. Maguire argues that the precedents set by the trials were nothing less than revolutionary, and he traces the development of these new attitudes throughout American history. The text has been revised throughout, with a new preface and postscript discussing the George W. Bush administration's attempt to rewrite the laws of war after 9/11. Maguire connects these efforts to the decline in American power and reputation. Praise for the previous edition: "[An] intriguing historical analysis."—Harvard Law Review "Outstanding... impressive... a terrific book."...

Rule of Law in War
  • Language: en
  • Pages: 286

Rule of Law in War

Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of ...

Propaganda, War Crimes Trials and International Law
  • Language: en
  • Pages: 314

Propaganda, War Crimes Trials and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2013-03-01
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  • Publisher: Routledge

First Published in 2012. Routledge is an imprint of Taylor & Francis, an informa company.

The Costs of War
  • Language: en
  • Pages: 216

The Costs of War

  • Type: Book
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  • Published: 2012-08-21
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  • Publisher: Routledge

In The Costs of War, Richard Falk brings together some of his recent essays, published and unpublished, examining the impact that the Iraq War has had and will have on international law, human rights, and democracy. A new introduction provides an overview as well as a sense of the current context and reflects on the internal prospects for Iraq and on the logic of an early US military and political withdrawal. Having been revised and updated to take account of the march of events, the essays are organized into the following sections: Part 1 addresses the effects of the American invasion and occupation of Iraq on the current dimensions of world order Part 2 provides a normative inquiry into th...

Essays on war in international law
  • Language: en
  • Pages: 700

Essays on war in international law

  • Categories: Law
  • Type: Book
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  • Published: 2006
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  • Publisher: Unknown

The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.

The Vietnam War and International Law, Volume 4
  • Language: en
  • Pages: 1066

The Vietnam War and International Law, Volume 4

  • Categories: Law

This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war wa...