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Violations of the Rules Applicable in Non-International Armed Conflicts and Their Possible Causes
While all armed conflicts are marked by violations of international humanitarian law, non-international armed conflicts appear to be characterised by even more serious violations of international humanitarian law on a colossal scale. This study is aimed at understanding the possible factors that may cause parties to non-international armed conflicts to engage in violations despite the fact that not only international humanitarian law but also other bodies of rules (e.g. legal and moral) impose restrictions and obligations similar to international humanitarian law. Somalia, which for over two decaces has been experiencing internal armed conflicts marked by widespread violations, is a typical ...
United Nations Naval Peace Operations in the Territorial Sea
This book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.
Stopping Wars and Making Peace
During most of human history, war was a basic instrument of statecraft, considered, for the most part, a lawful, honorable, ennobling, and even romantic pursuit. By contrast, peacemaking remained a marginal and indeed incongruous interstate activity. A war would end when the belligerents ended it. The experience of the twentieth century’s two world wars has changed, at least, the official view. The introduction of ever more destructive weapons, the drastic escalation of civilian deaths, and the economic and environmental devastation that modern war brought combined to forge an international legal impulse to stop, if not prevent, wars, resolve ongoing conflicts, and build peace. Yet stoppin...
The Internal Implementation of Peace Agreements After Violent Intrastate Conflict
This study provides guidance on how to best approach the management of an internally-led peace implementation process after violent intrastate conflict, gives an overview of tasks to be taken on, explains the legal framework provided for under international law, and addresses management implications. With a foreword by Nobel Peace Prize Laureate President Martti Ahtisaari.
Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.
Deadly Metal Rain: The Legality of Flechette Weapons in International Law
Relying on often unique sources, this book offers the only in-depth study on flechette weapons yet conducted. Its comprehensive exploration of the legal versus illegal implications of conventional weapons use make it an invaluable resource for weaponry policy analysts.
The Contemporary Law of Targeting
This book provides an analysis of the law of targeting during an armed conflict; focusing on what is a lawful target, what is proportional collateral damage, and describing a process by which legal responsibility for targeting decisions can be assessed.
Law at War
The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together i...
