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International Law and the War with Islamic State - Challenges for Jus ad Bellum and Jus in Bello (Hardcover)
Loot Price: R2,977
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International Law and the War with Islamic State - Challenges for Jus ad Bellum and Jus in Bello (Hardcover)
Series: Studies in International Law
Expected to ship within 12 - 17 working days
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Armed non-state actors (ANSAs) often have economic aims that
international law needs to respond to. This book looks at the aim
of Islamic State to create an effective government, with an
economically independent regime, which focused on key oilfields in
Syria and Iraq. Having addressed Islamic State's quest for energy
resources in Iraq and Syria, the book explores the lawfulness of
the war with Islamic State from a variety of legal aspects. It has
been attempted to make inroads into the most controversial aspects
of contradictions in the application of jus ad bellum and jus in
bello, particularly when discussing the use of extraterritorial
armed force against ANSAs, and the obligation to protect civilian
objects, including the natural environment. The question is whether
the targeting of energy resources should be regarded as a violation
of the laws of armed conflict, even though the war with Islamic
State being classified as a non-international armed conflict.
Ambitious in scope, the study argues that legal theory and state
practice are still problematic as to how and under what conditions
states can justify resorting to military force in foreign
territory, and to what extent they can target natural resources as
being part of state property. Furthermore, it goes on to examine
the differences between international and non-international armed
conflicts, to establish whether there is any difference in the
targeting of energy resources as part of the war-sustaining
capabilities of either party. Through an examination of the Islamic
State case, the book offers a comprehensive study to close the gaps
in jus in bello by contextualising the questions of civilian
protection, victimisation and state responsibility by evaluating
the US's war-sustaining theory as a justification for the
destruction of a territorial state's natural resources that are
occupied by ANSAs.
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