targeted killing in international law oxford monographs in international law

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Targeted Killing In International Law

Author : Nils Melzer
ISBN : 9780199533169
Genre : Law
File Size : 64. 4 MB
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A comprehensive analysis into the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law, this book examines treaties, custom and general principles of law to determine the normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. Through an exhaustive analysis of recent state practice and jurisprudence, the book establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

Detention In Non International Armed Conflict

Author : Lawrence Hill-Cawthorne
ISBN : 9780191067006
Genre : Law
File Size : 40. 47 MB
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International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

Non State Actors In International Law

Author : Math Noortmann
ISBN : 9781509901852
Genre : Law
File Size : 76. 2 MB
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The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law ? neo-positivism, the policy-oriented approach and transnational law ? are covered at the beginning of the book, and the essential political science perspectives ? on non-state actors' role in international politics and globalisation, as well as their soft power ? are presented at the end.

The Interpretation Of Acts And Rules In Public International Law

Author : Alexander Orakhelashvili
ISBN : STANFORD:36105064265858
Genre : Law
File Size : 58. 83 MB
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There are frequent claims that the international legal regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law. This study examines this problem for the first time since these questions were addressed, and taken as the basic premises of the international legal analysis, in the works of JL Brierly and Sir Hersch Lauterpacht. Addressing the different aspects of the effectiveness of legal regulation, this monograph explores the structural limits on, and threshold of, legal regulation, and the relationship between the established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to study the legal framework of interpretation that serves the maintenance and preservation of the object and intendment of the existing legal regulation. The final indispensable stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.

The Work Of The International Law Commission

Author : United Nations
ISBN : 9216330341
Genre : Political Science
File Size : 86. 79 MB
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Diplomatic Protection

Author : Chittharanjan Felix Amerasinghe
ISBN : STANFORD:36105124008454
Genre : Law
File Size : 73. 74 MB
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This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements which are excluded from this type of protection, conflicts of interests underlying the principle and how these can be resolved, and the influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the IntLaw Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.

Extraterritorial Use Of Force Against Non State Actors

Author : Noam Lubell
ISBN : 9780199584840
Genre : Law
File Size : 84. 29 MB
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This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.

Author : Gordon Thomas
ISBN : 9953870810
Genre : Intelligence service
File Size : 35. 58 MB
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Intelligence service; Israel; history; politics and government.

Author : Robert Haywood
ISBN : 9948148282
Genre : Piracy
File Size : 64. 90 MB
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Author : Carl Brockelmann
ISBN : OCLC:708703967
Genre : Arabic literature
File Size : 59. 8 MB
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