This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.

States increasingly cooperate to buy expensive defence equipment, but the management and legal aspects of these large collaborative procurement programmes are complex and not well understood. The Law of Collaborative Defence Procurement in the European Union analyses how these programmes are managed, and highlights areas which require improvement. The book addresses the law applicable to these programmes, which is built upon a four-layer 'matryoshka doll' of legal relationships at the crossroads of public international law, EU law and domestic law. Using practical examples, the book makes proposals for clarifying the legal basis and improving the efficiency of defence equipment cooperation among EU member states. By covering a broad scope of legal issues, this analysis goes beyond the defence sector and is relevant to centralised or joint purchasing and procurement activities of international organisations, providing invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.

This book fills gaps in the exploration of the protection of cultural heritage in armed conflict based on the World Heritage Convention. Marina Lostal offers a new perspective, designating a specific protection regime to world cultural heritage sites, which is so far lacking despite the fact that such sites are increasingly targeted. Lostal spells out this area's discrete legal principles, providing accessible and succinct guidelines to a usually complex web of international conventions. Using the conflicts in Syria, Libya and Mali (among others) as case studies, she offers timely insight into the phenomenon of cultural heritage destruction. Lastly, by incorporating the World Heritage Convention into the discourse, this book fulfills UNESCO's long-standing project of exploring 'how to promote the systemic integration between the [World Heritage] Convention of 1972 and the other UNESCO regimes'. It is sure to engender debate and cause reflection over cultural heritage and protection regimes.

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

Kaum ein Themenkomplex wird in der steuerpolitischen Diskussion so kontrovers diskutiert, so regelmassig vorubergehend beerdigt und anschliessend wiederbelebt wie die Wiedereinfuhrung einer Vermoegensteuer. Diese Arbeit untersucht, ob eine Vermoegensteuer uberhaupt in verfassungskonformer Weise wiedereingefuhrt werden kann und, falls dies der Fall ist, welche verfassungsrechtlichen Grenzen die Politik dabei zu wahren hat. Hierbei geht die Arbeit insbesondere der Frage nach, ob der so genannte Halbteilungsgrundsatz aus dem Grundgesetz abgeleitet werden kann und wie er zu operationalisieren ist. Die Arbeit zeigt auf, dass eine substanzentziehende Vermoegensteuer verfassungsrechtlich unzulassig ware und dass selbst eine als so genannte Sollertragsteuer ausgestaltete Vermoegensteuer verfassungsrechtlich schwerwiegenden Bedenken unterliegt. Selbst wenn man diese Bedenken ignoriert, ist auf Basis der - verfassungsrechtlich erforderlichen - Anwendung des Halbteilungsgrundsatzes im derzeitigen Steuersystem uberhaupt nur dann Platz fur eine Vermoegensteuer, wenn die Vermoegensteuerschuld bei den Ertragsteuern angerechnet wird. Zustandig fur die Wiedereinfuhrung einer Vermoegensteuer waren derzeit - entgegen der allgemeinen Annahme in Politik und Rechtswissenschaft - die Lander.

Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.

Declaring War directly challenges the 200-year-old belief that the Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898, and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of the Congress to declare war. This book invokes Carl von Clausewitz's dictum that "war is policy" to explain why declarations of war are an integral part of war and proposes two possible remedies a constitutional amendment or, alternatively, a significant reorganization of Congress. It offers a comprehensive historical, legal, constitutional, moral, and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function, and language of declarations of war, and John Austin's speech act theory to investigate why and how a "public announcement" is essential for the social construction of both war and the rule of law."

Declaring War directly challenges the 200-year-old belief that Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of Congress to declare war. It invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant re-organization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war and John Austin's speech act theory.

Originally published in 1792, this work was revised (incorporating new material) and corrected for the 1805 edition, reissued here. As a ship's purser and occasional Judge Advocate, Delafons had considerable experience of advising in naval courts martial, including first-hand involvement for the defence in the trial of Peter Heywood, a midshipman on board H.M.S. Bounty during the mutiny of 1789. He intended this work to be a textbook for conducting judicial proceedings in the Royal Navy, and it is also now a fundamental text for historians and researchers in both the legal and naval history of a period of British maritime supremacy. Delafons covers the subjects of jurisdiction, evidence, sentencing, and the roles of individuals within the trial. He also makes a comparison between the law of the Navy and its practical applications and that of the civil courts, and examines the development of the Naval Code itself.

This book addresses an important but little-noticed phenomenon in the revolutionary world of military technology. Across a wide range of otherwise-unrelated weapons programs, the Pentagon is now pursuing arms that are deliberately crafted to be less powerful, less deadly, and less destructive than the systems they are designed to supplement or replace. This direction is historically anomalous; military forces generally pursue ever-bigger bangs, but the modern conditions of counter-insurgency warfare and military operations 'other than war' (such as peacekeeping and humanitarian assistance) demand a military capable of modulated force. By providing a capacity to intervene deftly yet effectively, the new generations of 'useable' weaponry should enable the U.S. military to accomplish its demanding missions in a manner consistent with legal obligations, public relations realities, and political constraints. Five case studies are provided, regarding precision-guided 'smart bombs', low-yield nuclear weapons, self-neutralizing anti-personnel land mines, directed-energy anti-satellite weapons, and non-lethal weapons.

Verification in an Age of Insecurity takes the reader into some of the most urgent arms control issues facing the world community, including the nuclear activities of rogue states and threats from sophisticated non-state actors. In the book, national security expert Philip D. O'Neill, Jr. identifies and addresses issues from the resuscitated disarmament agenda, from the comprehensive test ban to fissile material and biological weapons. O'Neill examines the need for shifts in verification standards and policy suitable for our volatile era and beyond it. He surveys recent history to show how established verification procedures fail to produce the certainty necessary to meet today's threats. Verification in an Age of Insecurity goes beyond a discussion of rogue states like North Korea to offer suggestions on how best to bring compliance policy up to date with modern threats.

This book is the first comprehensive manual on the law of armed conflict prepared by a team of expert scholars and practitioners working for and with the UK Ministry of Defence. It covers all aspects of the law of armed conflict as applied today, including means and methods of warfare, the treatment of civilians and other non-combatants - including prisoners of war - and the conduct of operations in all three environments: land, sea and air. It also includes discussion of some of the key elements of relevance in the modern strategic environment, not least the legal aspects of internal armed conflict and the application of the law during peace support operations. This is a significant publication providing sound evidence of the legal views of one of the five Permanent Members of the UN Security Council. As such it will become an essential reference and source for legal scholars working in this field, for officials working in foreign and defence ministries around the globe, and for military officers and lawyers requiring a sound grasp of the legal framework of military operations

In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

Now in its fourth edition, Rant on the Court Martial and Service Law has been fully updated to reflect the introduction of the Armed Forces Act 2021. This includes amendments to the constitution of the Court Martial and qualified majority verdicts, the ability to appoint a Circuit Judge as Judge Advocate, the power to rectify mistakes in Summary Appeal Court and Service Civilian Court, and amendments to the process for service complaints appeals. The book also considers the introduction of deprivation orders and driving disqualification orders, as well as the power of British overseas territories to apply the Armed Forces Act 2006. The new edition includes a new chapter offering extensive coverage of the Armed Forces Act 2021. This is in addition to updates to existing chapters regarding the historical context of the service justice system through to the current day, the service environment and powers of service police, the Court Martial, sentencing, and the appeals process. This is an essential handbook for those practicing in the service justice system and for academics researching service law.

Athenian power and prosperity in the fourth century B.C. was based largely on commerce. The complex litigation arising from commercial activities was heard in special maritime courts, dikai emporikai, the subject of this monograph. Using both ancient and secondary sources, Edward E. Cohen has pieced together the evolution of these courts and has explored their procedure and jurisdiction. He successfully treats the much-discussed problem of why they were termed "monthly," and makes it clear that "supranationality" was a feature of all Hellenic maritime law. He shows conclusively that their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Classicists and lawyers alike will find this a fascinating study. It not only contributes to our understanding of the Athens of Plato, Aristotle, and Demosthenes, but also points out that certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Warfare is changing - and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. This volume considers how law and institutions for creating, interpreting, and enforcing it might look two decades ahead - as well as what opportunities may exist to influence it in that time. Such assessment is important as the U.S. and other governments plan for future warfare. It is also important as they formulate strategies for influencing the development of law to better serve security, humanitarian, and other interests. This volume examines not just specific questions, such as how might a particular technology require adaptive interpretation of existing law, but also grand ones, such as whether law is capable at all of keeping up with these changes.

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of "national security", examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings. National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases will also make this book of interest to a wider audience seeking to understand the legal context of such cases.

The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

Today more than one hundred small, asymmetric, and revolutionary wars are being waged around the world. This book provides invaluable tools for fighting such wars by taking enemy perspectives into consideration. The third volume of a trilogy by Max G. Manwaring, it continues the arguments the author presented in Insurgency, Terrorism, and Crime and Gangs, Pseudo-Militaries, and Other Modern Mercenaries. Using case studies, Manwaring outlines vital survival lessons for leaders and organizations concerned with national security in our contemporary world. The insurgencies Manwaring describes span the globe. Beginning with conflicts in Algeria in the 1950s and 1960s and El Salvador in the 1980s, he goes on to cover the Shining Path and its resurgence in Peru, Al Qaeda in Spain, popular militias in Cuba, Haiti, and Brazil, the Russian youth group Nashi, and drugs and politics in Guatemala, as well as cyber warfare. Large, wealthy, well-armed nations such as the United States have learned from experience that these small wars and insurgencies do not resemble traditional wars fought between geographically distinct nation-state adversaries by easily identified military forces. Twenty-first-century irregular conflicts blur traditional distinctions among crime, terrorism, subversion, insurgency, militia, mercenary and gang activity, and warfare. Manwaring's multidimensional paradigm offers military and civilian leaders a much needed blueprint for achieving strategic victories and ensuring global security now and in the future. It combines military and police efforts with politics, diplomacy, economics, psychology, and ethics. The challenge he presents to civilian and military leaders is to take probable enemy perspectives into consideration, and turn resultant conceptions into strategic victories.

Der Autor untersucht die Frage, ob das Recht der nichtinternationalen bewaffneten Konflikte einen territorialen Anwendungsbereich hat und wenn ja, wie dieser zu bestimmen ist. Dazu wertet er die hiermit befasste Rechtsprechung, relevante Staatenpraxis sowie die bisher von der Literatur entwickelten Antworten aus. Praktische Relevanz erhalt die Frage besonders vor dem Hintergrund der von den USA mittels Drohnenangriffen vorgenommenen gezielten Toetungen von Al-Qaida Kampfern in Regionen, in denen beide Parteien im relevanten Zeitraum keine andauernden gegenseitigen Kampfhandlungen ausgetragen haben. Denn gezielte Toetungen koennten dort nur dann rechtmassig sein, wenn die sie legitimierenden Genfer Konventionen auch ausserhalb des konkreten Konfliktgebiets anwendbar sind. Massgeblich hierfur ist ihr territorialer Anwendungsbereich.

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.

This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.

The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.