Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
Title | Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime PDF eBook |
Author | Noelle Higgins |
Publisher | BRILL |
Pages | 288 |
Release | 2009-12-14 |
Genre | Law |
ISBN | 9047426347 |
This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.
International Law and the Use of Force by National Liberation Movements
Title | International Law and the Use of Force by National Liberation Movements PDF eBook |
Author | Heather A. Wilson |
Publisher | |
Pages | 0 |
Release | 2023 |
Genre | National liberation movements |
ISBN | 9781383014242 |
Winner of the 1988 Paul Reuter Prize awarded by the International Committee of the Red Cross, this book examines the rights of national liberation movements to resort to force to secure self-determination, and the application of laws of armed conflict to national liberation wars.
The Law of Non-International Armed Conflict
Title | The Law of Non-International Armed Conflict PDF eBook |
Author | Sandesh Sivakumaran |
Publisher | OUP Oxford |
Pages | 696 |
Release | 2012-08-09 |
Genre | Law |
ISBN | 0191638153 |
The Law of Non-International Armed Conflict brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, the Philippines, and Sudan are all considered. The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.
The Contemporary Law of Targeting
Title | The Contemporary Law of Targeting PDF eBook |
Author | Ian Henderson |
Publisher | Martinus Nijhoff Publishers |
Pages | 289 |
Release | 2009 |
Genre | Technology & Engineering |
ISBN | 900417480X |
This book provides an analysis of the law of targeting during an armed conflict; focusing on what is a lawful target, what is proportional collateral damage, and describing a process by which legal responsibility for targeting decisions can be assessed.
Revisiting the Geneva Conventions: 1949-2019
Title | Revisiting the Geneva Conventions: 1949-2019 PDF eBook |
Author | Md. Jahid Hossain Bhuiyan |
Publisher | BRILL |
Pages | 350 |
Release | 2019-11-11 |
Genre | Law |
ISBN | 9004375546 |
This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.
The Fight Over Freedom in 20th- and 21st-Century International Discourse
Title | The Fight Over Freedom in 20th- and 21st-Century International Discourse PDF eBook |
Author | Rita Augestad Knudsen |
Publisher | Springer Nature |
Pages | 245 |
Release | 2020-06-01 |
Genre | History |
ISBN | 3030464296 |
This book shows how international discourse citing ‘self-determination’ over the last hundred years has functioned as a battleground between two ideas of freedom: a ‘radical’ idea of freedom, and a ‘liberal-conservative’ idea of freedom. The book examines each of the major moments in which ‘self-determination’ has been a central part of the language of high-level international politics and law: the early 20th century discourse of V.I. Lenin and U.S. President Woodrow Wilson, the aftermath of the First World War and the formulation of the UN Charter, the 1950-1960s UN debates on ‘self-determination’, and the 2008-2010 International Court of Justice case on Kosovo’s declaration of independence. At each of these moments in history, ‘self-determination’ was at the top of the international agenda. And at each moment, a fight over the meaning of freedom played out in ‘self-determination’ discourse. Besides providing insights into the historical times in which self-determination was prominently cited internationally, the book offers a recasting and renewal of international debates on freedom in international discourse.
Human and Non-Human Targets in International Armed Conflicts
Title | Human and Non-Human Targets in International Armed Conflicts PDF eBook |
Author | Patrycja Grzebyk |
Publisher | Cambridge University Press |
Pages | 295 |
Release | 2022-03-24 |
Genre | Law |
ISBN | 1108845622 |
A comprehensive analysis of human and non-human targets in contemporary armed conflicts with references to the most recent practice.