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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Fighting at the Legal Boundaries - Controlling the Use of Force in Contemporary Conflict (Hardcover)
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Fighting at the Legal Boundaries - Controlling the Use of Force in Contemporary Conflict (Hardcover)
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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.
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