Search Results for: military operations and the notion of control under international law

Military Operations And The Notion Of Control Under International Law

Military Operations and the Notion of Control Under International Law PDF
Author: Rogier Bartels
Publisher: T.M.C. Asser Press
ISBN: 9789462653948
Size: 23.72 MB
Format: PDF, Docs
Category :
Languages : en
Pages : 476
View: 7733

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Military Operations And The Notion Of Control Under International Law

by Rogier Bartels, Military Operations And The Notion Of Control Under International Law Books available in PDF, EPUB, Mobi Format. Download Military Operations And The Notion Of Control Under International Law books,


Military Operations And The Notion Of Control Under International Law

Military Operations and the Notion of Control Under International Law PDF
Author: Rogier Bartels
Publisher: T.M.C. Asser Press
ISBN: 9789462653979
Size: 75.84 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 459
View: 4437

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Military Operations And The Notion Of Control Under International Law

by Rogier Bartels, Military Operations And The Notion Of Control Under International Law Books available in PDF, EPUB, Mobi Format. Download Military Operations And The Notion Of Control Under International Law books, This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.


The Concept Of Military Objectives In International Law And Targeting Practice

The Concept of Military Objectives in International Law and Targeting Practice PDF
Author: Agnieszka Jachec-Neale
Publisher: Routledge
ISBN: 131759472X
Size: 46.54 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 294
View: 1326

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The Concept Of Military Objectives In International Law And Targeting Practice

by Agnieszka Jachec-Neale, The Concept Of Military Objectives In International Law And Targeting Practice Books available in PDF, EPUB, Mobi Format. Download The Concept Of Military Objectives In International Law And Targeting Practice books, The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice. Tackling topical issues such as the targeting of TV and radio stations or cyber targets, Agnieszka Jachec-Neale analyses the concept of military objective within the context of both modern military doctrine and the major coalition operations which have been undertaken since it was formally defined. This monograph will be of great interest to students and scholars of international law and the law of armed conflict, as well as security studies and international relations.


The Handbook Of The International Law Of Military Operations

The Handbook of the International Law of Military Operations PDF
Author: Terry D. Gill
Publisher: Oxford University Press
ISBN: 0199641218
Size: 30.55 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 657
View: 3031

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The Handbook Of The International Law Of Military Operations

by Terry D. Gill, The Handbook Of The International Law Of Military Operations Books available in PDF, EPUB, Mobi Format. Download The Handbook Of The International Law Of Military Operations books, The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings. While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation. Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level. At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications. This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations. The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions. They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.


The Legal Pluriverse Surrounding Multinational Military Operations

The  Legal Pluriverse  Surrounding Multinational Military Operations PDF
Author: Robin Geiß
Publisher: Oxford University Press
ISBN: 0192580809
Size: 33.89 MB
Format: PDF
Category : Law
Languages : en
Pages : 496
View: 6765

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The Legal Pluriverse Surrounding Multinational Military Operations

by Robin Geiß, The Legal Pluriverse Surrounding Multinational Military Operations Books available in PDF, EPUB, Mobi Format. Download The Legal Pluriverse Surrounding Multinational Military Operations books, The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.


Regulating The Use Of Force By United Nations Peace Support Operations

Regulating the Use of Force by United Nations Peace Support Operations PDF
Author: Charuka Ekanayake
Publisher: Routledge
ISBN: 1000395677
Size: 79.67 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 286
View: 6040

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Regulating The Use Of Force By United Nations Peace Support Operations

by Charuka Ekanayake, Regulating The Use Of Force By United Nations Peace Support Operations Books available in PDF, EPUB, Mobi Format. Download Regulating The Use Of Force By United Nations Peace Support Operations books, This Book attempts to deduce regulatory standards that can close the gaps between the Promises made and the Outcomes secured by the United Nations in relation to its use of force. It explores two broad questions in this regard: why the contemporary legal framework relevant to the regulation of force during Armed Conflict cannot close the gaps between the said Promises and Outcomes and how the ‘Unified Use of Force Rule’ formulated herein, achieves this. This is the first book to coherently analyse the moral as well as legal aspects relevant to UN use of force. UN peace operations are rapidly changing. Deployed peacekeepers are now required to use force in pursuance of numerous objectives such as self-defence, protecting civilians, and carrying out targeted offensive operations. As a result, questions about when, where, and how to use force have now become central to peacekeeping. While UN peace operations have managed to avoid catastrophes of the magnitude of Rwanda and Srebrenica for over two decades, crucial gaps still exist between what the UN promises on the use of force front, and what it achieves. Current conflict zones such as the Central African Republic, Eastern Congo, and Mali stand testament to this. This book searches for answers to these issues and identifies how an innovative mix of the relevant legal and moral rules can produce regulatory standards that can allow the UN to keep their promises. The discussion covers analytical ground that must be traversed ‘behind the scenes’ of UN deployment, well before the first troops set foot on a battlefield. The analysis ultimately produces a ‘Unified Use of Force Rule’, that can either be completely or partially used as a model set of Rules of Engagement by UN forces. This book will be immensely beneficial to law students, researchers, academics and practitioners in the fields of international relations, international law, peacekeeping, and human rights.


Rules Of Engagement And The International Law Of Military Operations

Rules of Engagement and the International Law of Military Operations PDF
Author: J. F. R. Boddens Hosang
Publisher: Oxford University Press
ISBN: 0192595504
Size: 26.94 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 352
View: 3566

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Rules Of Engagement And The International Law Of Military Operations

by J. F. R. Boddens Hosang, Rules Of Engagement And The International Law Of Military Operations Books available in PDF, EPUB, Mobi Format. Download Rules Of Engagement And The International Law Of Military Operations books, The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.


Cyber Operations And The Use Of Force In International Law

Cyber Operations and the Use of Force in International Law PDF
Author: Marco Roscini
Publisher: OUP Oxford
ISBN: 0191652814
Size: 30.77 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 402
View: 3014

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Cyber Operations And The Use Of Force In International Law

by Marco Roscini, Cyber Operations And The Use Of Force In International Law Books available in PDF, EPUB, Mobi Format. Download Cyber Operations And The Use Of Force In International Law books, The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.


International Military Missions And International Law

International Military Missions and International Law PDF
Author: Marco Odello
Publisher: BRILL
ISBN: 9004215905
Size: 41.41 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 332
View: 3861

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International Military Missions And International Law

by Marco Odello, International Military Missions And International Law Books available in PDF, EPUB, Mobi Format. Download International Military Missions And International Law books, By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.


The Human Rights Treaty Obligations Of Peacekeepers

The Human Rights Treaty Obligations of Peacekeepers PDF
Author: Kjetil Mujezinović Larsen
Publisher: Cambridge University Press
ISBN: 1107017076
Size: 21.82 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 473
View: 6337

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The Human Rights Treaty Obligations Of Peacekeepers

by Kjetil Mujezinović Larsen, The Human Rights Treaty Obligations Of Peacekeepers Books available in PDF, EPUB, Mobi Format. Download The Human Rights Treaty Obligations Of Peacekeepers books, Develops a coherent and realistic legal framework which strengthens the human rights protection and the accountability mechanisms in peace operations.