Military Operations and the Notion of Control Under International Law
Author: Rogier Bartels
Publisher: T.M.C. Asser Press
Published: 2020-08-08
Total Pages: 476
ISBN-13: 9789462653948
DOWNLOAD EBOOK →Author: Rogier Bartels
Publisher: T.M.C. Asser Press
Published: 2020-08-08
Total Pages: 476
ISBN-13: 9789462653948
DOWNLOAD EBOOK →Author: Terry D. Gill
Publisher: Oxford University Press
Published: 2015
Total Pages: 790
ISBN-13: 0198744625
DOWNLOAD EBOOK →Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force.
Author: Rogier Bartels
Publisher: T.M.C. Asser Press
Published: 2021-08-22
Total Pages: 459
ISBN-13: 9789462653979
DOWNLOAD EBOOK →This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.
Author: J. F. R. Boddens Hosang
Publisher: Oxford University Press
Published: 2020-01-31
Total Pages: 429
ISBN-13: 0192595504
DOWNLOAD EBOOK →The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
Author: Geoffrey S. Corn
Publisher: Oxford University Press
Published: 2016
Total Pages: 881
ISBN-13: 0190456639
DOWNLOAD EBOOK →"In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military legal experts provide important insight into how law influences the conduct of all military operations, both in peacetime and in war. The text covers a range of operational issues to include: legal challenges inherent in special operations; legal complexities of coalition operations; legal regulation of military cyber-defense measures; how military lawyers advise commanders making life and death target engagement decisions; the important military interaction with the International Committee of the Red Cross; the role military justice plays in ensuring disciplined military operations; and how military commanders leverage claims authority to contribute to mission accomplishment. Written by authors whose expertise includes both content and implementation of the law, they offer insight into not just the what, but the equally important how and why of legal regulation of military operations"--Unedited summary from book cover.
Author: David Nauta
Publisher: BRILL
Published: 2017-11-27
Total Pages: 210
ISBN-13: 9004354646
DOWNLOAD EBOOK →The international responsibility of NATO during its operations, analysis on status, obligations and attribution.
Author: Marco Odello
Publisher: BRILL
Published: 2011-10-14
Total Pages: 330
ISBN-13: 9004215905
DOWNLOAD EBOOK →By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
Author: Isabel V. Hull
Publisher: Cornell University Press
Published: 2014-04-16
Total Pages: 462
ISBN-13: 0801470641
DOWNLOAD EBOOK →In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Author: Tarcisio Gazzini
Publisher: Manchester University Press
Published: 2022-12-20
Total Pages: 404
ISBN-13: 1526170485
DOWNLOAD EBOOK →Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.