Jus Post Bellum

Mapping the Normative Foundations

Author: Carsten Stahn,Jennifer S. Easterday,Jens Iverson

Publisher: OUP Oxford

ISBN: 0191509388

Category: Law

Page: 600

View: 2691

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post bellum) have only recently gained attention in legal scholarship. There are three key questions concerning the core of jus post bellum: the law ('jus'), the temporal aspect ('post'), and different types of armed conflict ('bellum') involved. This book explores the different legal meanings and components of the concept, including its implications in contemporary politics and practice. The book provides a detailed understanding of the development and nature of jus post bellum as a concept, including its foundations, criticisms, and relationship to related concepts (such as transitional justice, and the responsibility to protect). It investigates the relationship of the concept to jus ad bellum and jus in bello, and its relevance in internal armed conflicts and peacebuilding. There are significant problems brought about in relation to the ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses, which are also assessed. The book identifies the key components of a 'jus', drawing on disparate bodies and sources of international law such as peace agreements, treaty law, self-determination, norms governing peace operations and the status of foreign armed forces, environmental law, human rights, and amnesty law. Taking into account perspectives from multiple disciplines, the book is important reading for scholars, practitioners, and students across many fields, including peace and conflict studies, international relations, and international humanitarian law.

Jus Post Bellum

Towards a Law of Transition From Conflict to Peace

Author: Carsten Stahn,Jann K. Kleffner

Publisher: T.M.C. Asser Press

ISBN: 9789067047203

Category: Law

Page: 320

View: 2604

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Environmental Protection and Transitions from Conflict to Peace

Clarifying Norms, Principles, and Practices

Author: Carsten Stahn,Jens Iverson,Jennifer S. Easterday

Publisher: Oxford University Press

ISBN: 0191087580

Category: Law

Page: 450

View: 3334

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

Environmental Protection and Transitions from Conflict to Peace

Clarifying Norms, Principles, and Practices

Author: Carsten Stahn,Jens Iverson,Jennifer S. Easterday

Publisher: Oxford University Press

ISBN: 0191087580

Category: Law

Page: 450

View: 6601

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

Author: Sean D. Murphy,Won Kidane,Thomas R. Snider

Publisher: Oxford University Press

ISBN: 0199793727

Category: Law

Page: 1038

View: 4981

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Litigating War offers an in-depth examination of the Claims Commission of the Eritrea-Ethiopia War, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the war. After providing an overview of the war, the authors describe how the Commission was established, the extent of its jurisdiction, and the applicable law on which it relied.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Author: N.A

Publisher: Cambridge University Press

ISBN: 1316828646

Category: Law

Page: N.A

View: 4010

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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher: OUP Oxford

ISBN: 0191653918

Category: Law

Page: 1328

View: 4080

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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Necessity in International Law

Author: Jens David Ohlin,Larry May

Publisher: Oxford University Press

ISBN: 0190622954

Category: Law

Page: 216

View: 6306

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Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

The International Criminal Court and Complementarity

From Theory to Practice

Author: Carsten Stahn,Mohamed M. El Zeidy

Publisher: Cambridge University Press

ISBN: 1316139506

Category: Law

Page: N.A

View: 894

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This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Just Wars

From Cicero to Iraq

Author: Alex J. Bellamy

Publisher: Polity

ISBN: 0745632823

Category: Political Science

Page: 296

View: 5717

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In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a right to pre-emptive self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention.

An Introduction to the International Law of Armed Conflicts

Author: Robert Kolb,Richard Hyde

Publisher: Bloomsbury Publishing

ISBN: 1847314600

Category: Law

Page: 310

View: 3971

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This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Routledge Handbook of Ethics and War

Just War Theory in the 21st Century

Author: Fritz Allhoff,Nicholas G. Evans,Adam Henschke

Publisher: Routledge

ISBN: 1136260994

Category: Philosophy

Page: 432

View: 9704

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This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.

The Law Against War

The Prohibition on the Use of Force in Contemporary International Law

Author: Olivier Corten

Publisher: Bloomsbury Publishing

ISBN: 1847316050

Category: Law

Page: 569

View: 8142

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The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'

Migration in Political Theory

The Ethics of Movement and Membership

Author: Sarah Fine,Lea Ypi

Publisher: Oxford University Press

ISBN: 0191664316

Category: Political Science

Page: 288

View: 5986

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Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration. It debates the question of whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, and for acquiring citizenship. They discuss tensions between the claims of immigrants and existing residents, and tackle questions of migrant worker exploitation and responsibility for refugees. The book illustrates the importance of drawing on the tools of political theory to clarify, criticize, and challenge the current terms of the migration debate.

The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: OUP Oxford

ISBN: 0191015296

Category: Law

Page: 840

View: 466

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Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: Princeton University Press

ISBN: 1400848687

Category: Political Science

Page: 480

View: 3258

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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Ethics Beyond War's End

Author: Eric Patterson

Publisher: Georgetown University Press

ISBN: 1589018974

Category: Political Science

Page: 256

View: 1734

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The wars in Afghanistan and Iraq have focused new attention on a perennial problem: how to end wars well. What ethical considerations should guide war’s settlement and its aftermath? In cases of protracted conflicts, recurring war, failed or failing states, or genocide and war crimes, is there a framework for establishing an enduring peace that is pragmatic and moral? Ethics Beyond War’s End provides answers to these questions from the just war tradition. Just war thinking engages the difficult decisions of going to war and how war is fought. But from this point forward just war theory must also take into account what happens after war ends, and the critical issues that follow: establishing an enduring order, employing political forms of justice, and cultivating collective forms of conciliation. Top thinkers in the field—including Michael Walzer, Jean Bethke Elshtain, James Turner Johnson, and Brian Orend—offer powerful contributions to our understanding of the vital issues associated with late- and post conflict in tough, real-world scenarios that range from the US Civil War to contemporary quagmires in Afghanistan, the Middle East, and the Congo.

Secession

International Law Perspectives

Author: Marcelo G. Kohen

Publisher: Cambridge University Press

ISBN: 9780521849289

Category: Law

Page: 510

View: 3777

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A comprehensive study of secession from an international law perspective.

After the Smoke Clears

The Just War Tradition and Post War Justice

Author: Mark J. Allman,Tobias L. Winright

Publisher: Orbis Books

ISBN: 157075859X

Category: Political Science

Page: 220

View: 9485

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Once the smoke of the battlefield blows away, what are the moral requirements of the "victor"? While most studies of just war focus on the rationale for going to war and the conduct of the war, this important book examines the period after the conflict. What must be done to restore justice? In the words of the authors, "`Victory' is declared by presidents and other leaders, yet all too often no just peace is to be found in the wake of today's conflicts....After the smoke clears, the powers that be may declare `mission accomplished' when, as Ezekiel long ago said, there really is no peace." "Allman and Winright provide readers with a clear, concise, balanced, and informed assessment of an important topic in debates about modern warfare: the issue of moral duties in a post-conflict situation."---Kenneth R. Himes, O.F.M., Boston College "Timely and readable...Shows us not only that nations have responsibilities after war `ends,' but also that reconstructing societies requires specific processes of restoration."---Lisa Sowle Cahill, Boston College