War Law: Understanding International Law and Armed ConflictOpen Road + Grove/Atlantic, 1 дек. 2007 г. - Всего страниц: 224 “Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky |
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Стр. 6
... prohibition on the use of force and the right of selfdefence, the Charter explicitly states that it prevails over ... prohibiting the use of force, crystallized in the UN Charter, is also widely regarded as having achieved jus cogens ...
... prohibition on the use of force and the right of selfdefence, the Charter explicitly states that it prevails over ... prohibiting the use of force, crystallized in the UN Charter, is also widely regarded as having achieved jus cogens ...
Стр. 7
... prohibition set out in Article 2(4): authorization by the Security Council and selfdefence. The Security Council, an executive body made up of fifteen countries, may authorize the use of force by adopting resolutions to that effect ...
... prohibition set out in Article 2(4): authorization by the Security Council and selfdefence. The Security Council, an executive body made up of fifteen countries, may authorize the use of force by adopting resolutions to that effect ...
Стр. 8
... prohibition on the use of force may have developed in recent decades. The first is a right to intervene militarily to promote or restore democracy. Proponents of this exception point to the US-led interventions in Grenada in 1983 and ...
... prohibition on the use of force may have developed in recent decades. The first is a right to intervene militarily to promote or restore democracy. Proponents of this exception point to the US-led interventions in Grenada in 1983 and ...
Стр. 16
... prohibition on the use of force. The first exception empowers the UN Security Council, a specialized decision-making body made up of representatives from fifteen member states of the United Nations, to authorize the use of force 'to ...
... prohibition on the use of force. The first exception empowers the UN Security Council, a specialized decision-making body made up of representatives from fifteen member states of the United Nations, to authorize the use of force 'to ...
Стр. 19
... prohibition in Article 2(4) on the use of force against the 'territorial integrity and political independence' of any UN member state. The Security Council responded the very next day, adopting Resolution 660. Acting expressly under ...
... prohibition in Article 2(4) on the use of force against the 'territorial integrity and political independence' of any UN member state. The Security Council responded the very next day, adopting Resolution 660. Acting expressly under ...
Содержание
15 | |
Implied Authorization and Intentional Ambiguity | 40 |
Inherent Right of Selfdefence | 53 |
Preemptive Selfdefence | 72 |
ProDemocratic Intervention | 85 |
Responsibility to Protect | 104 |
Protection of Combatants and Prisoners of War | 127 |
War Law and the Single Superpower | 147 |
Further Reading | 186 |
Index | 200 |
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War Law: Understanding International Law and Armed Conflict Michael Byers Ограниченный просмотр - 2007 |
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11 September adopted Afghanistan agreement armed conflict Article 51 Assembly bombs Britain British Bush Administration Chapter VII civilians claim concerned Country profile crimes customary international law defence detainees Economic and Social Geneva Convention genocide George H. W. Bush Haiti human rights humanitarian intervention International Court International Criminal Court international humanitarian law international peace invasion Iraq Iraq War Iraqi Israel Israeli Journal of International justify killed Kosovo Kosovo War military action military force Milos˘evic missiles nuclear opinio juris Organization Oxford University Press peace and security political pre-emptive self-defence present Charter prisoners prohibition ratified responsibility to protect right of pre-emptive right of self-defence right of unilateral rules Rwanda Secretary Security Council resolutions September 2001 Social Council soldiers targets terrorist Third Geneva Convention threat tion tional treaty tribunals Trusteeship Council Uganda UN Charter UN Security Council unilateral humanitarian intervention United Nations violations vote weapons