Human Rights and Personal Self-defense in International Law

Human Rights and Personal Self-defense in International Law
Title Human Rights and Personal Self-defense in International Law PDF eBook
Author Jan Arno Hessbruegge
Publisher Oxford University Press
Pages 401
Release 2017
Genre Law
ISBN 019065502X

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While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.

NATO Rules of Engagement

NATO Rules of Engagement
Title NATO Rules of Engagement PDF eBook
Author Camilla Guldahl Cooper
Publisher BRILL
Pages 498
Release 2019-12-02
Genre Law
ISBN 9004401687

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In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.

The Inherent Right of Self-Defence in International Law

The Inherent Right of Self-Defence in International Law
Title The Inherent Right of Self-Defence in International Law PDF eBook
Author Murray Colin Alder
Publisher Springer Science & Business Media
Pages 236
Release 2012-09-21
Genre Law
ISBN 9400748515

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Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

War, Aggression and Self-Defence

War, Aggression and Self-Defence
Title War, Aggression and Self-Defence PDF eBook
Author Yoram Dinstein
Publisher Cambridge University Press
Pages 409
Release 2011-10-20
Genre Law
ISBN 1139503170

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Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Self-defense in Islamic and International Law

Self-defense in Islamic and International Law
Title Self-defense in Islamic and International Law PDF eBook
Author N. Shah
Publisher Springer
Pages 197
Release 2008-03-17
Genre Political Science
ISBN 0230611656

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The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.

War and Self-Defense

War and Self-Defense
Title War and Self-Defense PDF eBook
Author David Rodin
Publisher Clarendon Press
Pages 232
Release 2002-10-17
Genre Philosophy
ISBN 0191531545

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When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.

Self-Defence against Non-State Actors

Self-Defence against Non-State Actors
Title Self-Defence against Non-State Actors PDF eBook
Author Mary Ellen O'Connell
Publisher Cambridge University Press
Pages 313
Release 2019-08
Genre Law
ISBN 1107190746

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Provides a multi-perspective study of the international law on self-defence against non-State actors.