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Book International Law and Diplomacy in the Libyan Civil War

Download or read book International Law and Diplomacy in the Libyan Civil War written by Stefan Talmon and published by Oxford University Press, USA. This book was released on 2019-05-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Libyan civil war presented questions for international law and diplomacy never encountered before in a non-international armed conflict. Alongside problems common to civil wars in general, such as recognition of the contesting parties, access to state property abroad, and non-intervention, the Libyan conflict contained several unique aspects: the elaborate UN, US, and EU sanctions regime and its effect on Libya's sovereign wealth fund (the Libyan Investment Authority), the referral of the situation in Libya to the International Criminal Court, and the open calls for regime change. These elements raised complex and unique political and international law issues. Adopting a similar approach to Norman J. Padelford's seminal 1939 book, International Law and Diplomacy in the Spanish Civil Strife, this book presents thirty case studies, providing a detailed legal assessment of each of the key issues of international law and diplomacy raised by the conflict. It focuses on the practical legal problems with which government legal advisers and diplomats were concerned during the civil war, many of which have received little public attention. The book also includes an overview of the Libyan civil conflict as a whole, and a public international law obituary of Muammar Qadhafi, which examines his most prominent actions and their impact on international law. The book also investigates how the Libyan civil war was utilized as a laboratory for the testing of the new 'responsibility to protect' doctrine, raised in deliberations among the United Nations Security Council members. For the first time, the Security Council authorized states to get involved in a civil war and to use 'all necessary measures' to enforce a no-fly zone and to protect civilians and civilian populated areas under threat of attack. This book is important reading for scholars, students, and practitioners concerned with the interaction between law and diplomacy in times of armed conflict

Book Political Rationale and International Consequences of the War in Libya

Download or read book Political Rationale and International Consequences of the War in Libya written by Dag Henriksen and published by Oxford University Press. This book was released on 2016-04-15 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political Rationale and International Consequences of the War in Libya focuses on the international intervention in Libya in 2011, and tries to answer two broad questions; (1) What was the political rationale for the various actors to proceed as they did in the lead-up and conduct of the military intervention in Libya?, (2) What are the consequences of the UN-authorized military intervention in Libya? R2P was the public raison d'être of the war, and an important legitimizing factor of the intervention. Still, the humanitarian situation was a necessary, but not in and by itself an adequate precondition for intervention. A number of factors coalesced to enable the intervention. While the humanitarian situation triggered the intervention, in reality a variety of national interests governed the approach by the various international actors, and more often than not, these motives were not rooted in the particular circumstances in Libya. The book offers a combination of unique perspectives. While the perspectives of the US, France, and the UK on the Libyan Crisis/War have been well documented, the Arabic and Scandinavian political and military dynamics have been much less so. While the perspectives of NATO, the UN, and R2P have been debated, the view from the Arab League and African Union (AU) have been less in focus. The volume redresses that imbalance and offers the most broad-ranging analysis yet of a key moment in recent international relations.

Book Destroying Libya and World Order

Download or read book Destroying Libya and World Order written by Francis A. Boyle and published by SCB Distributors. This book was released on 2013-04-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: It took three decades for the United States government-spanning and working assiduously over five different presidential administrations (Reagan, Bush I, Clinton, Bush II , and Obama)-to terminate the 1969 Qaddafi Revolution, seize control over Libya’s oil fields, and dismantle its Jamahiriya system. This book tells the story of what happened, why it happened, and what was both wrong and illegal with that from the perspective of an international law professor and lawyer who tried for over three decades to stop it. Francis Boyle provides a comprehensive history and critique of American foreign policy toward Libya from when the Reagan administration came to power in January of 1981 up to the 2011 NA TO war on Libya that ultimately achieved the US goal of regime change, and beyond. He sets the record straight on the series of military conflicts and crises between the United States and Libya over the Gulf of Sidra, exposing the Reagan administration’s fraudulent claims of Libyan instigation of international terrorism put forward over his eight years in office. Boyle reveals the inside story behind the Lockerbie bombing cases against the United States and the United Kingdom that he filed at the World Court for Colonel Qaddafi acting upon his advice-and the unjust resolution of those disputes. Deploying standard criteria of international law, Boyle analyzes and debunks the UN R2P “responsibility to protect” doctrine and its immediate predecessor, “humanitarian intervention”. He addresses how R2P served as the basis for the NATO assault on Libya in 2011, overriding the UN Charter commitment to state sovereignty and prevention of aggression. The purported NATO protection in actuality led to 50,000 Libyan casualties, and the complete breakdown of law and order. And this is just the beginning. Boyle lays out the ramifications: the destabilization of the Maghreb and Sahel, and the French intervention in Mali-with the USA/NATO/Europe starting a new imperial scramble for the natural resources of Africa. This book is not only a classic case study of the conduct of US foreign policy as it relates to international law, but a damning indictment of the newly-contrived R2P doctrine as legal cover for Western intervention into third world countries.

Book The International Law of Civil War

Download or read book The International Law of Civil War written by Quincy Wright and published by Johns Hopkins University Press. This book was released on 1971 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book All Necessary Measures

Download or read book All Necessary Measures written by Ian Martin and published by Hurst Publishers. This book was released on 2022-04-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international intervention after the 2011 Libyan uprising against Muammar Gaddafi was initially considered a remarkable success: the UN Security Council’s first application of the ‘responsibility to protect’ doctrine; an impending civilian massacre prevented; and an opportunity for democratic forces to lead Libya out of a forty-year dictatorship. But such optimism was soon dashed. Successive governments failed to establish authority over the ever-proliferating armed groups; divisions among regions and cities, Islamists and others, split the country into rival administrations and exploded into civil war; external intervention escalated. Ian Martin gives his first-hand view of the questions raised by the international engagement. Was it a justified response to the threat against civilians? What brought about the Security Council resolutions, including authorising military action? How did NATO act upon that authorisation? What role did Special Forces operations play in the rebels’ victory? Was a peaceful political settlement ever possible? What post-conflict planning was undertaken, and should or could there have been a major peacekeeping or stabilisation mission during the transition? Was the first election held too soon? As Western interventions are reassessed and Libya continues to struggle for stability, this is a unique account of a critical period, by a senior international official who was close to the events.

Book Libya  From Repression to Revolution

Download or read book Libya From Repression to Revolution written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2013-12-09 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking new volume provides the first comprehensive review of the Libyan conflict of 2011. The book expands on and complements the report of the Libya Commission of Inquiry to the United Nations Human Rights Council, and provides the reader with the information essential to understanding the Libyan conflict, its causes and ramifications, and the difficulties the country faces as it rebuilds in the wake of 40 years of repression and the effects of a brutal civil war. The book provides a historical overview of the country and the ruinous policies of the Qadhafi regime, a chronological review of the evolution of the conflict, a description of the belligerents and their organizational makeup, an account of the NATO intervention and its legality, a basic legal characterization of conduct of the belligerents and the various accountability mechanisms pursued thus far, and an appraisal of the post-conflict period, as well as a detailed factual assessment and legal characterization of ten different theaters of conflict, including Benghazi, Tripoli, Misrata, Sirte and the Nafusa Mountains.

Book R2P and the US Intervention in Libya

Download or read book R2P and the US Intervention in Libya written by Paul Tang Abomo and published by Springer. This book was released on 2018-05-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Responsibility to Protect (R2P) the Libyan people played an important role in the U.S.’s decision to act, both in terms of how the language of deliberation was framed and the implementation of the actual intervention once all preventive means had been exhausted. While the initial ethos of the intervention followed international norms, the author argues that as the conflict continued to unfold, the Obama administration’s loss of focus and lack of political will for post-conflict resolution, as well as a wider lack of understanding of ever changing politics on the ground, resulted in Libya’s precipitation into chaos. By examining the cases of Rwanda and Darfur alongside the interventions in Kosovo, Iraq and Afghanistan, the book discusses how these cases influenced current decision-making with regards to foreign interventions and offers a triangular framework through which to understand R2P: responsibility to prevent, react and rebuild.

Book Intervention in Libya

Download or read book Intervention in Libya written by Karin Wester and published by Cambridge University Press. This book was released on 2020-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2011 crisis in Libya represents the first case in which the international community invoked 'the Responsibility to Protect' principle, adopted in 2005 by UN member states, to justify coercive measures including sanctions and the use of military force. In this study, Karin Wester meticulously reconstructs and analyzes the evolution of the Libyan crisis, the international community's response, and the manner in which the 'Responsibility to Protect' was applied. Drawing on a wide variety of primary sources including in-depth interviews with politicians and diplomats, this comprehensive account of the 2011 intervention in Libya redresses popular narratives asserting that the intervention was driven primarily by western (neo-colonial) interests or by a desire for regime change. Instead, Wester reveals how the 'Responsibility to Protect' principle was realized to a considerable extent, but also how it provided a highly fragile basis for military enforcement action. Incorporating perspectives from international law, political science and history, this is a compelling and thought-provoking examination of the real-world application of a principle that is deeply rooted in history but presents daunting challenges in implementation.

Book The Search for Stability in Libya

Download or read book The Search for Stability in Libya written by Andrea Dessì and published by Edizioni Nuova Cultura. This book was released on 2018-05-31 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in June 2014, New-Med is a research network of Mediterranean experts and policy analysts with a special interest in the complex social, political, cultural and security-related dynamics that are unfolding in the Mediterranean region. The network is developed by IAI, in cooperation with the OSCE Secretariat in Vienna, the Compagnia di San Paolo of Turin, the Italian Ministry of Foreign Affairs and International Cooperation, and the German Marshall Fund (GMF) of the United States. At the core of the New-Med activities stands the need to rethink the role of multilateral, regional and sub-regional organisations, to make them better equipped to respond to fast-changing local and global conditions and to address the pressing demands coming from Mediterranean societies all around the basin. This volume examines the goals and prospects of the OSCE’s growing engagement in the Mediterranean region and, more specifically, with the OSCE’s six Mediterranean Partners for Cooperation (Algeria, Egypt, Israel, Jordan, Morocco and Tunisia). The volume’s four chapters focus on the OSCE’s potential role in international efforts to stabilize Libya, a country which has been ravaged by a prolonged and destructive civil war, becoming the epicenter of conflict dynamics with far-reaching implications for both neighbouring countries and Europe. Each chapter addresses a particular theme, or level of analysis, tied to the current conflict in Libya. Beginning with an introductory chapter outlining the OSCE’s growing engagements in the Mediterranean region and Libya’s abortive requests to joint the OSCE Mediterranean Partnership, subsequent chapters delve into the minute details of the major internal and external obstacles to peace-building and stabilization in Libya, addressing the role of regional, European and international actors involved in the country. A final chapter delivers a Russian viewpoint of these themes and traces Moscow’s evolving policy and interests in Libya while addressing the broader role of the OSCE in the Mediterranean.

Book The NATO Intervention in Libya

Download or read book The NATO Intervention in Libya written by Kjell Engelbrekt and published by Routledge. This book was released on 2013-10-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores ‘lessons learned’ from the military intervention in Libya by examining key aspects of the 2011 NATO campaign. NATO’s intervention in Libya had unique features, rendering it unlikely to serve as a model for action in other situations. There was an explicit UN Security Council mandate to use military force, a strong European commitment to protect Libyan civilians, Arab League political endorsement and American engagement in the critical, initial phase of the air campaign. Although the seven-month intervention stretched NATO’s ammunition stockpiles and political will almost to their respective breaking points, the definitive overthrow of the Gaddafi regime is universally regarded as a major accomplishment. With contributions from a range of key thinkers and analysts in the field, the book first explains the law and politics of the intervention, starting out with deliberations in NATO and at the UN Security Council, both noticeably influenced by the concept of a Responsibility to Protect (R2P). It then goes on to examine a wide set of military and auxiliary measures that governments and defence forces undertook in order to increasingly tilt the balance against the Gaddafi regime and to bring about an end to the conflict, as well as to the intervention proper, while striving to keep the number of NATO and civilian casualties to a minimum. This book will be of interest to students of strategic studies, history and war studies, and IR in general.

Book Precision and Purpose

    Book Details:
  • Author : Karl P. Mueller
  • Publisher : Rand Corporation
  • Release : 2015-07-08
  • ISBN : 0833087932
  • Pages : 467 pages

Download or read book Precision and Purpose written by Karl P. Mueller and published by Rand Corporation. This book was released on 2015-07-08 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between March and October 2011, a coalition of North Atlantic Treaty Organization (NATO) member states and several partner nations waged a war against Muammar Qaddafi's Libyan regime that stemmed and then reversed the tide of Libya's civil war, preventing Qaddafi from crushing the nascent rebel movement seeking to overthrow his dictatorship and going on to enable opposition forces to prevail. The central element of this intervention was a relatively small multinational force's air campaign operating from NATO bases in several countries, as well as from a handful of aircraft carriers and amphibious ships in the Mediterranean Sea. The study details each country's contribution to that air campaign, examining such issues as the limits of airpower and coordination among nations. It also explores whether the Libyan experience offers a potential model for the future.

Book Libya

    Book Details:
  • Author : Christopher M. Blanchard
  • Publisher :
  • Release : 2011
  • ISBN :
  • Pages : 28 pages

Download or read book Libya written by Christopher M. Blanchard and published by . This book was released on 2011 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Libya's post-conflict transition is underway, as Libyans work to consolidate change from the 40-year authoritarian dictatorship of Muammar al Qadhafi to a planned representative government based on democratic and Islamic principles. At present, government functions are in the hands of the 76-member Transitional National Council (TNC), which carries out interim legislative and oversight responsibilities at the national level. Its 27-member executive cabinet oversees ministerial portfolios and includes figures responsible for foreign affairs, defense, interior security, oil, economy, militia demobilization, and other issues. TNC Chairman Mustafa Abdeljalil and cabinet leader Interim Prime Minister Abdurrahim El Keib direct the TNC's efforts. They and their colleagues are indirectly answerable to a wide range of locally and regionally organized activists, local committees, prominent personalities, tribes, militias, and civil society groups seeking to shape the transition and safeguard the revolution's achievements. The transition period may prove to be as complex and challenging for Libyans and their international counterparts as the 2011 conflict. Overcoming the legacy of Qadhafi's rule and the effects of the fighting are now the principal challenges for the Libyan people, the TNC, and the international community. As the transition unfolds, Libyans are facing key questions about basic terms for transitional justice, a new constitutional order, political participation, and Libyan foreign policy. Security challenges, significant investment needs, and vigorous political debates are now emerging. As Libyans work to shape their future, Congress and the Administration have the first opportunity to fully redefine U.S.-Libyan relations since the 1960s.

Book Diplomatic Law

    Book Details:
  • Author : Eileen Denza
  • Publisher : Oxford University Press
  • Release : 2016
  • ISBN : 0198703961
  • Pages : 472 pages

Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

Book Research Handbook on Law and Diplomacy

Download or read book Research Handbook on Law and Diplomacy written by Margaret E. McGuinness and published by Edward Elgar Publishing. This book was released on 2022-12-08 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship.

Book The United States and Coercive Diplomacy

Download or read book The United States and Coercive Diplomacy written by Robert J. Art and published by US Institute of Peace Press. This book was released on 2003 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As Robert Art makes clear in a groundbreaking conclusion, those results have been mixed at best. Art dissects the uneven performance of coercive diplomacy and explains why it has sometimes worked and why it has more often failed."--BOOK JACKET.

Book An Introduction to Contemporary International Law

Download or read book An Introduction to Contemporary International Law written by Lung-chu Chen and published by Oxford University Press, USA. This book was released on 2015 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.

Book Justice and Diplomacy

    Book Details:
  • Author : Mark S. Ellis
  • Publisher : Cambridge University Press
  • Release : 2018-03-08
  • ISBN : 1108568947
  • Pages : 127 pages

Download or read book Justice and Diplomacy written by Mark S. Ellis and published by Cambridge University Press. This book was released on 2018-03-08 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.