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Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
Author: Noelle Higgins
Publisher: BRILL
Total Pages: 288
Release: 2009-12-14
Genre: Law
ISBN: 9047426347

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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

International Law and the Use of Force by National Liberation Movements
Author: Heather A. Wilson
Publisher:
Total Pages: 0
Release: 2023
Genre: National liberation movements
ISBN: 9781383014242

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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

The Law of Non-International Armed Conflict
Author: Sandesh Sivakumaran
Publisher: OUP Oxford
Total Pages: 696
Release: 2012-08-09
Genre: Law
ISBN: 0191638153

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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

The Contemporary Law of Targeting
Author: Ian Henderson
Publisher: Martinus Nijhoff Publishers
Total Pages: 289
Release: 2009
Genre: Technology & Engineering
ISBN: 900417480X

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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

Revisiting the Geneva Conventions: 1949-2019
Author: Md. Jahid Hossain Bhuiyan
Publisher: BRILL
Total Pages: 350
Release: 2019-11-11
Genre: Law
ISBN: 9004375546

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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

The Fight Over Freedom in 20th- and 21st-Century International Discourse
Author: Rita Augestad Knudsen
Publisher: Springer Nature
Total Pages: 245
Release: 2020-06-01
Genre: History
ISBN: 3030464296

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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

Human and Non-Human Targets in International Armed Conflicts
Author: Patrycja Grzebyk
Publisher: Cambridge University Press
Total Pages: 295
Release: 2022-03-24
Genre: Law
ISBN: 1108845622

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A comprehensive analysis of human and non-human targets in contemporary armed conflicts with references to the most recent practice.


International Law and Islam

International Law and Islam
Author: Ignacio de la Rasilla del Moral
Publisher: BRILL
Total Pages: 373
Release: 2018-12-10
Genre: Law
ISBN: 9004388370

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International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.


Advanced Introduction to International Conflict and Security Law

Advanced Introduction to International Conflict and Security Law
Author: Nigel D. White
Publisher: Edward Elgar Publishing
Total Pages: 191
Release: 2023-03-02
Genre: Law
ISBN: 1800889046

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This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.


Statehood and Self-Determination

Statehood and Self-Determination
Author: Duncan French
Publisher: Cambridge University Press
Total Pages: 585
Release: 2013-02-21
Genre: Law
ISBN: 1107311276

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The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.