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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.
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.
Although the relationship between international human rights law
and the law of armed conflict has been the subject of significant
recent academic discussion, there remains a lack of comprehensive
guidance in identifying the law applicable to specific situations
faced by military forces. Providing guidance for armed forces and
practitioners on the detailed application of international human
rights law during armed conflict, this book fills that gap. Part 1
of the volume details foundational information relating to
international human rights law and human rights institutions, the
types of operations that States' armed forces engage in, and how
the law of armed conflict and international human rights law apply
to regulate different situations. Part 2 provides practical
guidance as to the legal regulation of specific situations,
including discussion of the conduct of hostilities, detention
operations, humanitarian assistance, cyber operations, and
investigations. This book is the result of an in-depth process
involving both academic and practitioner experts in the law of
armed conflict and international human rights law who were convened
in meetings at Chatham House chaired by Elizabeth Wilmshurst,
Distinguished Fellow at Chatham House. The group included Professor
Francoise Hampson, Essex University; Professor Dapo Akande, Oxford
University; Charles Garraway, Fellow at Essex University; Professor
Noam Lubell, Essex University; Michael Meyer, British Red Cross;
and Daragh Murray, Lecturer at Essex University.
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