The Legitimate Use of Military Force
Author | : Howard M. Hensel |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Just war doctrine |
ISBN | : |
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Author | : Howard M. Hensel |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Just war doctrine |
ISBN | : |
Author | : Professor Howard M Hensel |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 320 |
Release | : 2013-03-28 |
Genre | : Political Science |
ISBN | : 1409498646 |
Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.
Author | : Howard M. Hensel |
Publisher | : Routledge |
Total Pages | : 292 |
Release | : 2016-03-03 |
Genre | : Political Science |
ISBN | : 1317019091 |
Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.
Author | : Richard J. Erickson |
Publisher | : |
Total Pages | : |
Release | : 1993-08 |
Genre | : |
ISBN | : 9780849089350 |
Author | : Jennifer Elsea |
Publisher | : DIANE Publishing |
Total Pages | : 112 |
Release | : 2011-06 |
Genre | : Law |
ISBN | : 1437983545 |
From the Washington Admin. to the present, Congress and the Pres. have enacted 11 separate formal DoW against foreign nations in five different wars. This report provides historical background on the enactment of DoW and authorizations for the use of force and analyzes their legal effects under internat. and U.S. domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a DoW, a declaration of national emergency, and/or the existence of a state of war. Also includes a summary of the congressional procedures applicable to the enactment of a DoW or authorization for the use of force and to measures under the War Powers Resolution. This is a print on demand report.
Author | : Thilo Marauhn |
Publisher | : BRILL |
Total Pages | : 700 |
Release | : 2020-12-15 |
Genre | : Law |
ISBN | : 9004380590 |
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Author | : George P. Fletcher |
Publisher | : Oxford University Press |
Total Pages | : 286 |
Release | : 2013-02-01 |
Genre | : Law |
ISBN | : 0198040350 |
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author | : Craig Perez |
Publisher | : |
Total Pages | : 185 |
Release | : 2015 |
Genre | : War and emergency powers |
ISBN | : 9781634829885 |
Article I, Section 8, of the Constitution vests in Congress the power to declare War. Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nation's ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency.This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It provides historical background on each of the declarations of war and on several major authorizations for the use of force that have been enacted; analyzes the implications of declarations of war and authorizations for the use of force under both international law and domestic law; lists and summarizes the more than 250 standby statutory authorities that can come into effect pursuant to a declaration of war, the existence of a state of war, and/or a declaration of national emergency; describes the procedures in Congress governing the consideration of declarations of war and authorizations for the use of force, including the procedures under the War Powers Resolution; and sets forth in two appendices the texts of all of the declarations of war and the major authorizations for the use of force that have been enacted.
Author | : Andrew Scobell |
Publisher | : Cambridge University Press |
Total Pages | : 324 |
Release | : 2003-09-08 |
Genre | : History |
ISBN | : 9780521525855 |
In this unique study of China s militarism, Andrew Scobell examines the use of military force abroad - as in Korea (1950), Vietnam (1979), and the Taiwan Strait (1995 1996) - and domestically, as during the Cultural Revolution of the late 1960s and in the 1989 military crackdown in Tiananmen Square. Debunking the view that China has become increasingly belligerent in recent years because of the growing influence of soldiers, Scobell concludes that China s strategic culture has remained unchanged for decades. Nevertheless, the author uncovers the existence of a Cult of Defense in Chinese strategic culture. The author warns that this Cult of Defense disposes Chinese leaders to rationalize all military deployment as defensive, while changes in the People s Liberation Army s doctrine and capabilities over the past two decades suggest that China s twenty-first century leaders may use military force more readily than their predecessors.
Author | : Elke Krahmann |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-02-04 |
Genre | : Political Science |
ISBN | : 1139483684 |
Recent years have seen a growing role for private military contractors in national and international security. To understand the reasons for this, Elke Krahmann examines changing models of the state, the citizen and the soldier in the UK, the US and Germany. She focuses on both the national differences with regard to the outsourcing of military services to private companies and their specific consequences for the democratic control over the legitimate use of armed force. Tracing developments and debates from the late eighteenth century to the present, she explains the transition from the centralized warfare state of the Cold War era to the privatized and fragmented security governance, and the different national attitudes to the privatization of force.