Stuart Casey-Maslen

Jus ad Bellum (eBook, ePUB)

The Law on Inter-State Use of Force

• Format: ePub

Produktbeschreibung

This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 256
• Erscheinungstermin: 6. August 2020
• Englisch
• ISBN-13: 9781509930708
• Artikelnr.: 59888632

Autorenporträt

Stuart Casey-Maslen is Honorary Professor at the Centre for Human Rights at the University of Pretoria in South Africa.

Inhaltsangabe

Introduction I. War and the Foundations of International Law II. A History
of the Regulation of War under International Law III. Jus ad bellum and
Contemporary International Law 1. The General Prohibition on the Use of
Force I. Introduction II. The Status of the Prohibition under International
Law III. The Scope and Content of the Prohibition on the Use of Force IV.
The Content of the Prohibition on the Threat of Force 2. Consenting to a
Use of Force by Another State I. Introduction II. The Lawful Donor of
Consent III. The Expression of Valid Consent IV. Withdrawal of Consent V.
Consent has no Bearing on the Duty to Respect Other Rules of International
Law 3. Use of Force in Self-defence I. Introduction II. The Right of the
State to Use Force in Self-defence III. Use of Force in Defence of Other
States 4. United Nations Security Council Authorisation to Use Force I.
Introduction II. The Role of the UN Security Council III. The Form and
Content of a Council Authorisation to Use Force IV. Respect for the Terms
of the Authorisation V. Security Council Authorisation and Regional
Organisations 5. Use of Force and the Law of Neutrality I. Introduction II.
The Origins of the Law of Neutrality III. The Modern Law of Neutrality 6.
The Legality of Humanitarian Intervention I. Introduction II. The Notion of
Humanitarian Intervention III. Humanitarian Intervention under
International Law IV. The Content and Consequence of 'Responsibility to
Protect' V. Rescue of Nationals as Humanitarian Intervention? 7.
Responsibility for Aggression I. Introduction II. The Definition of
Aggression III. State Responsibility for Acts of Aggression IV. Individual
Responsibility for Aggression under International Criminal Law V.
Concluding Remarks 8. Use of Force in United Nations Peacekeeping
Operations I. Introduction II. The Evolution in Peacekeeping Use of
Force: From Self-defence to the Protection of Civilians III. The
International Legal Basis for Use of Force by UN Peacekeepers 9. Rights and
Obligations of Non-state Actors ad Bellum and in Bello I. Introduction II.
'Non-state Actor' and 'Non-state Armed Groups' Defined III. Non-state
Actors' Rights and Obligations under International Law 10. The
Interrelationship between Jus ad Bellum and Jus in Bello I. Introduction
II. The Relevance of ad Bellum Rules to an Application of Jus in Bello
III. Neutrality ad Bellum and in Bello IV. Proportionality ad Bellum and
in Bello V. The Legality of Targeting under Jus in Bello and its Influence
on the Legality of Action in Self-defence