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A number of commentators assert that the military response to the
terrorist atrocities of 11 September 2001 - encompassing attacks on
Afghanistan and Iraq, and commonly referred to as the 'war on
terror' - has significantly impacted upon the international law
regulating resort to armed force by states (jus ad bellum),
loosening the constraints on self-defence. Some even suggest that
the very future of the United Nations, in particular the Security
Council and its collective security system, is at risk - at least
in its current form. This book does not address the question of the
future of the United Nations, an issue probably best left to
scholars of international relations. Instead, it seeks to place the
'war on terror' within the context of international law, assessing
how, or whether, it can be accommodated within the existing legal
framework limiting the use of force. Through an examination of the
lawfulness (or otherwise) of both Operation Enduring Freedom and
Operation Iraqi Freedom, including the legal justifications
advanced by those states involved and the reaction of the
international community, and involving a detailed discussion of the
most important developments (ie, the permissibility of self-defence
against non-state, terrorist, actors and the 'Bush doctrine' of
pre-emptive self-defence against terrorists as proclaimed in the
2002 US National Security Strategy) the book determines whether,
and to what extent, the right to use force - or the acceptability
of such military action - is currently undergoing a radical
transformation. By assessing subsequent developments illustrating
the impact that military action against Afghanistan and Iraq has
had on the jus ad bellum, this book represents a distinctive and
original contribution to the academic literature.
A number of commentators assert that the military response to the
terrorist atrocities of 11 September 2001 - encompassing attacks on
Afghanistan and Iraq, and commonly referred to as the 'war on
terror' - has significantly impacted upon the international law
regulating resort to armed force by states (jus ad bellum),
loosening the constraints on self-defence. Some even suggest that
the very future of the United Nations, in particular the Security
Council and its collective security system, is at risk - at least
in its current form. This book does not address the question of the
future of the United Nations, an issue probably best left to
scholars of international relations. Instead, it seeks to place the
'war on terror' within the context of international law, assessing
how, or whether, it can be accommodated within the existing legal
framework limiting the use of force. Through an examination of the
lawfulness (or otherwise) of both Operation Enduring Freedom and
Operation Iraqi Freedom, including the legal justifications
advanced by those states involved and the reaction of the
international community, and involving a detailed discussion of the
most important developments (ie, the permissibility of self-defence
against non-state, terrorist, actors and the 'Bush doctrine' of
pre-emptive self-defence against terrorists as proclaimed in the
2002 US National Security Strategy) the book determines whether,
and to what extent, the right to use force - or the acceptability
of such military action - is currently undergoing a radical
transformation. By assessing subsequent developments illustrating
the impact that military action against Afghanistan and Iraq has
had on the jus ad bellum, this book represents a distinctive and
original contribution to the academic literature.
Laws regulating armed conflict have existed for centuries, but the
bulk of these provisions have been concerned with wars between
states. Relatively little attention has been paid to the enormously
important area of internal armed conflict. At a time when
international armed conflicts are vastly outnumbered by domestic
disputes, this book seeks to redress the balance through a
comprehensive analysis of those rules which exist in international
law to protect civilians during internal armed conflict. From
regulations in the nineteenth and early twentieth centuries
according to the doctrine of recognition of belligerency, this book
traces the subsequent development of international law by the
Geneva Conventions and their additional Protocols, as well as
through the more recent jurisprudence of the Yugoslav and Rwandan
tribunals. The book also considers the application of human rights
law during internal armed conflict, before assessing how
effectively the applicable law is, and can be, enforced.
Now in paperback. In this book, the compilers have brought together
more than 1,800 references to literature relating to the Blackfoot.
About one third of the citations are annotated, and an author index
and a general index simplify the utilization of this valuable
resource tool.
There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different states. Lindsay Moir examines the laws which exist to protect civilians caught up in armed conflicts within a single state. This book traces the development of international law from the nineteenth century, up to events arising from the conflicts in Rwanda and the former Yugoslavia. It demonstrates how human rights can offer protection during armed conflict and how effectively (and by whom) the relevant rules can be enforced.
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