Download or read book The Use of Force and the African Union written by M. Ledesma Marin and published by . This book was released on 2008 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Security Council and the Use of Force written by Niels M. Blokker and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.

Download or read book The changing rules on the use of force in international law written by Tarcisio Gazzini and published by Manchester University Press. This book was released on 2022-12-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.

Download or read book Africa and the Responsibility to Protect written by Dan Kuwali and published by Routledge. This book was released on 2013-11-26 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situations of serious or massive violations of human rights are no longer purely of domestic concern, and sovereignty can no longer be an absolute shield for repressive governments in such circumstances. Based on this realization, the international community has recognized a responsibility to protect individuals in states where their governments are unable or unwilling to provide protection against the most serious violations. However, so far, only one intergovernmental organization, the African Union (AU), has explicitly made the right to intervene in a Member State part of its foundational text in Article 4(h) of its Constitutive Act. Although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not yet invoked Article 4(h) explicitly. This book brings together experts in the field to explore the potential application of Article 4(h), and the complexities that may explain its non-invocation so far. Although Article 4(h) is noble in purpose, its implementation faces several legal and policy challenges given that the use of force penetrates the principles of state sovereignty and non-intervention – the very cornerstones upon which the AU is founded. This book considers these issues, as well as the need to reconcile Article 4(h), in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations. Drawing from the insights of law, political science, diplomacy and military strategy, the book offers a unique combination of multi-disciplinary expertise that harnesses the views of a diverse group of authors, focused on the legal, policy, and practical insights on the implementation of Article 4(h) and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent

Download or read book The Persistent Advocate and the Use of Force written by Christian Henderson and published by Routledge. This book was released on 2016-02-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.

Download or read book International Law and the Use of Force written by Christine D. Gray and published by . This book was released on 2008 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defense in the 'war on terror'? Is there now a wide right of pre-emptive self-defense against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defense and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defense. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

Download or read book The Oxford Handbook of the Use of Force in International Law written by Marc Weller and published by OUP Oxford. This book was released on 2015-01-15 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 ofThe 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.

Download or read book International Law and the Use of Force written by Christine Gray and published by Oxford University Press. This book was released on 2018-02-08 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Download or read book African Standby Force written by Francois VreA and published by AFRICAN SUN MeDIA. This book was released on 2017-10-28 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standby forces of the African Union are expected to deploy rapidly into high-intensity conflict zones. Inherently they stem from and are expected to work effectively with regional militaries of differing capabilities. But first, the AU has to muster the political will to deploy the force at all and do it all on a shoestring budget. VreA and Mandrup's edited volume illuminates through the chapter contributions the breadth of challenging political hurdles that the African Union's African Standby Force faces. They do this in clear and readable terms. This important book is imperative for anyone seeking to understand the rapid deployment forces on which African states have optimistically pinned the future of their collective security aspirations.

Download or read book The Use of Force and International Law written by Christian Henderson and published by Cambridge University Press. This book was released on 2023-11-09 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.

Download or read book The Use of Force in UN Peacekeeping written by Peter Nadin and published by Routledge. This book was released on 2018-02-06 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides a detailed and nuanced analysis of UN peacekeeping and the use of force, to inform a better understanding of the complex and interconnected issues at stake for the UN community. Peacekeeping is traditionally viewed as a largely passive military activity, governed by the principles of impartiality, consent, and the minimum use of force. Today, most large UN Peacekeeping Operations are only authorized to use force in defence of their mandates and to protect civilians under imminent threat of physical violence. Recently, with the deployment of the Force Intervention Brigade in the DRC, the UN has gone beyond peacekeeping and into the realm of peace-enforcement. These developments have brought to the fore questions regarding the use of force in the context of peacekeeping. The key questions addressed in this book examine not only the utility of force, but also the dilemmas and constraints inherent to the purposive use of force at a strategic, operational and tactical level. Should UN peacekeepers exercise military initiative? Is UN peacekeeping capable of undertaking offensive military operations? If so, then under what circumstances should peacekeepers use force? How should force be wielded? And against whom? With chapters written by experts in the field, this comprehensive volume will be of great use and interest to postgraduate students, academics and experts in international security, the UN, peacekeeping and diplomacy.

Download or read book Peacekeeping and the African Union written by Jude Cocodia and published by Routledge. This book was released on 2017-09-27 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a detailed examination of the effectiveness of the peacekeeping operations of the African Union. Despite its growing reputation in peacekeeping and its status as the oldest continental peacekeeper, the performance of the African Union (AU) has hitherto not been assessed. This book fills that gap and analyses six case studies: Burundi, Comoros, Somalia, Mali, Darfur and the Central African Republic. From a methodological perspective it takes a problem-solving approach and utilises process tracing in its analysis, with its standard for success resting on achieving negative peace (the cessation of violence and provision of security). Theoretically, this study offers a comprehensive list of factors drawn from peace literature and field experience which influence the outcome of peacekeeping. Beyond the major issues, such as funding, international collaboration and mandate, this work also examines the impact of largely ignored factors such as force integrity and territory size. The book modifies the claim of peace literature on what matters for success and advocates the indispensability of domestic elite cooperation, local initiative and international political will. It recognises the necessity of factors such as lead state and force integrity for certain peace operations. In bringing these factors together, this study expands the peacekeeping debate on what matters for stability in conflict areas. This book will be of much interest to students of peacekeeping, African politics, war and conflict studies, and International Relations in general.

Download or read book Regulating the Use of Force in International Law written by Russell Buchan and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.

Download or read book The African Union s Role in Peacekeeping written by Isiaka Badmus and published by Springer. This book was released on 2015-05-27 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the African Union's peacekeeping role in managing African conflicts. Based on a qualitative research methodology, it analyses AU peace operations in Burundi and Somalia, and hybrid peacekeeping in Darfur, in order to identify the lessons learned and suggest how future outcomes may be improved.

Download or read book The Legality of the African Union s Right to Intervention written by Stephanie Anne Fogwell and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU's strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity . The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty's report The Responsibility to Protect introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h).

Download or read book The Law Against War written by Olivier Corten and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Download or read book Humanitarian Intervention and Political Support for Interstate Use of Force written by Cyrille J.C.F. Fijnaut and published by BRILL. This book was released on 2020-11-30 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: When can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an Expert Group to examine this complex, topical and time-sensitive question and to consider whether it should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.