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. 1
... resolution specifically authorizing the use of force?' Blair replied, 'Those are the only circumstances in which we would agree to use force, except for one caveat' – which, he explained, was if a veto was 'unreasonably' exercised by ...
... resolution specifically authorizing the use of force?' Blair replied, 'Those are the only circumstances in which we would agree to use force, except for one caveat' – which, he explained, was if a veto was 'unreasonably' exercised by ...
Стр. 3
... resolutions. Other countries, as they deliberated how to respond, assessed the merit of the legal claims. In some cases, their willingness to send troops, contribute financially, or at least provide access to military bases and airspace ...
... resolutions. Other countries, as they deliberated how to respond, assessed the merit of the legal claims. In some cases, their willingness to send troops, contribute financially, or at least provide access to military bases and airspace ...
Стр. 7
... resolutions to that effect under a section of the Charter referred to as 'Chapter VII'. The central role of the Security Council in matters concerning recourse to force is the focus of the first three chapters of this book. As for self ...
... resolutions to that effect under a section of the Charter referred to as 'Chapter VII'. The central role of the Security Council in matters concerning recourse to force is the focus of the first three chapters of this book. As for self ...
Стр. 16
... resolution. Sometimes the mere threat of a veto is enough to prevent a resolution from being put to a vote. In the absence of a veto, nine votes are required for a resolution to pass. This requirement means that the support of at least ...
... resolution. Sometimes the mere threat of a veto is enough to prevent a resolution from being put to a vote. In the absence of a veto, nine votes are required for a resolution to pass. This requirement means that the support of at least ...
Стр. 17
... resolution. Nevertheless, most governments treated the resolution as valid. Second, since the resolution was recommending – rather than expressly authorizing – the use of force, it was questionable whether the Security Council was ...
... resolution. Nevertheless, most governments treated the resolution as valid. Second, since the resolution was recommending – rather than expressly authorizing – the use of force, it was questionable whether the Security Council was ...
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