Fighting At The Legal Boundaries

Author : Kenneth Watkin OMM, CD, QC
Publisher : Oxford University Press
ISBN 13 : 0190457996
Total Pages : 729 pages
Book Rating : 4.90/5 ( download)

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Download or read book Fighting at the Legal Boundaries written by Kenneth Watkin OMM, CD, QC and published by Oxford University Press. This book was released on 2016-05-03 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

Author : Kenneth Watkin
Publisher : Oxford University Press
ISBN 13 : 019045797X
Total Pages : 729 pages
Book Rating : 4.76/5 ( download)

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Download or read book Fighting at the Legal Boundaries written by Kenneth Watkin and published by Oxford University Press. This book was released on 2016 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum.

Author : Marco Sassòli
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886918
Total Pages : 796 pages
Book Rating : 4.19/5 ( download)

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Download or read book International Humanitarian Law written by Marco Sassòli and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.

Author : Jason NE Varuhas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930388
Total Pages : 640 pages
Book Rating : 4.88/5 ( download)

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Download or read book The Frontiers of Public Law written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

Author : Jens David Ohlin
Publisher : Oxford University Press
ISBN 13 : 0197638791
Total Pages : 593 pages
Book Rating : 4.98/5 ( download)

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Download or read book Between Crime and War written by Jens David Ohlin and published by Oxford University Press. This book was released on 2022 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The crime paradigm focuses on the interception of demonstrable immediate threats to the safety of others. Its aim is to protect specific persons and members of the general public from violence by identifiable individuals, who may be acting alone or in concert. In pursuit of this aim, the state uses police operations and the criminal justice system. Both of these tools are governed by human rights principles that significantly constrain state power. A state may not restrict liberty unless it has demonstrable evidence that an individual may pose a danger to others. It may not use force if other means will be effective to stop a threat. If using force is unavoidable, it must be the minimum amount necessary. Furthermore, a state generally may not take life unless no other measure will intercept an immediate threat to life"--

Author : René Provost
Publisher : Oxford University Press
ISBN 13 : 0190912227
Total Pages : 489 pages
Book Rating : 4.22/5 ( download)

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Download or read book Rebel Courts written by René Provost and published by Oxford University Press. This book was released on 2021 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).

Author : Jens David Ohlin
Publisher : Cambridge University Press
ISBN 13 : 1107137934
Total Pages : 417 pages
Book Rating : 4.36/5 ( download)

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Download or read book Theoretical Boundaries of Armed Conflict and Human Rights written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2016-08-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.

Author : Bob Vogel
Publisher : Turner Publishing Company
ISBN 13 : 9781563116278
Total Pages : 256 pages
Book Rating : 4.78/5 ( download)

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Download or read book Fighting to Win written by Bob Vogel and published by Turner Publishing Company. This book was released on 2001 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How a lone Florida Sheriff fought the U.S. Justice Department--and won! The amazing career of Bob Vogel began in the Florida Highway Patrol, where he personally took over billion dollars in street value of drugs off the market in just three years. Bob tells his story about the war on drugs, on the controversial practice of profiling, and about his years-long battle to prove that his law enforcement efforts were both lawful and prudent. His results helped stem the flow of drugs north and south up Interstate 95 for a number of years, and he was featured on 60 Minutes for his remarkable record. Bob Vogel had taken the upper hand in the fight against drugs. Word in the drug trade spread - avoid Volusia County. His office and officers received numerous citations for a job well done. What should have followed was thankful support from the local media, the state of Florida and even the U.S. Justice Department. Despite full clearance by two separate FBI investigations and a Governor's Panel, and further vindication from a judge who tossed out a class action lawsuit for lack of evidence, two Department of Justice attorneys spent more than two years investigating Sheriff Vogel and his office, at a cost of millions to taxpayers. Fighting to Win is Bob Vogel's own story of his nightmarish odyssey against forces he never dreamed he'd have to battle. But, as he will tell you throughout this compelling chronicle of his career, when you have right on your side you will ultimately triumph.

Author : Michael A. Newton
Publisher : Cambridge University Press
ISBN 13 : 1316999734
Total Pages : 491 pages
Book Rating : 4.38/5 ( download)

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Download or read book The United States Department of Defense Law of War Manual written by Michael A. Newton and published by Cambridge University Press. This book was released on 2019-01-24 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.

Author : Bardo Fassbender
Publisher : Oxford University Press, USA
ISBN 13 : 0198824750
Total Pages : 417 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Limits of Human Rights written by Bardo Fassbender and published by Oxford University Press, USA. This book was released on 2019-11-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.