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Extraterritorial Use of Force Against Non-State Actors (Paperback)
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Extraterritorial Use of Force Against Non-State Actors (Paperback)
Series: Oxford Monographs in International Law
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This book analyses the primary relevant rules of international law
applicable to extra-territorial use of force by states against
non-state actors. Force in this context takes many forms, ranging
from targeted killings and abductions of individuals to large-scale
military operations amounting to armed conflict. Actions of this
type have occurred in what has become known as the 'war on terror',
but are not limited to this context. Three frameworks of
international law are examined in detail. These are the United
Nations Charter and framework of international law regulating the
resort to force in the territory of other states; the law of armed
conflict, often referred to as international humanitarian law; and
the law enforcement framework found in international human rights
law. The book examines the applicability of these frameworks to
extra-territorial forcible measures against non-state actors, and
analyses the difficulties and challenges presented by application
of the rules to these measures.
The issues covered include, among others: the possibility of
self-defence against non-state actors, including anticipatory
self-defence; the lawfulness of measures which do not conform to
the parameters of self-defence; the classification of
extra-territorial force against non-state actors as armed conflict;
the 'war on terror' as an armed conflict; the laws of armed
conflict regulating force against groups and individuals; the
extra-territorial applicability of international human rights law;
and the regulation of forcible measures under human rights law.
Many of these issues are the subject of ongoing and longstanding
debate. The focus in this work is on the particular challenges
raised by extra-territorial force against non-state actors and the
book offers a number of solutions to these challenges.
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