Clarifying necessity, imminence, and proportionality in the law of self-defense
In: American journal of international law, Band 107, Heft 3, S. 563-570
ISSN: 0002-9300
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In: American journal of international law, Band 107, Heft 3, S. 563-570
ISSN: 0002-9300
World Affairs Online
In: Virginia Journal of International Law, Band 50, Heft 4, S. 795
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In: Oxford Monographs in International Law Ser.
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
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Working paper
In: Israel Law Review, Band 47, Heft 2 (2014
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In: Yale law & [and] policy review, Band 32, Heft 1, S. 205-210
ISSN: 0740-8048
In: (2013) 14 Chicago Journal of International Law 93-164
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In: The American Journal of Political Science Law and Criminology (ISSN – 2693-0803)
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In: Georgetown Journal of International Law, Band 44, Heft 2
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In: New Zealand Universities Law Review, Band 23, Heft 2, S. 265-283
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The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander
In: AJIL Unbound, Band 109, S. 181-186 Symposium on Alan O Sykes
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In: A pelican original
In: (2017) 42:2 Queen's Law Journal 99
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In: Recht und Gesellschaft Band 9
What are chances and challenges of referring to human rights law in defining crimes under international law? Under what circumstances is a reference to human rights law dogmatically appropriate and practically likely? The answers to these questions are explored through a look at the theoretical framework, practical application in jurisprudence as well as empirically through interviews with judges. By highlighting the common roots and the differences between both areas of law, the existing inconsistencies in the application of the law, as well as approaches which could contribute to their solution, the book presents a crucial contribution to the debate on legal certainty and innovation in international criminal law