War in the information age: international law, self-defense, and the problem of 'non-armed' attacks
In: The journal of strategic studies, Band 21, Heft 3, S. 1-23
ISSN: 0140-2390
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In: The journal of strategic studies, Band 21, Heft 3, S. 1-23
ISSN: 0140-2390
World Affairs Online
In: American journal of international law, Band 107, Heft 3, S. 563-570
ISSN: 0002-9300
World Affairs Online
In: Millennium: journal of international studies, Band 33, Heft 1, S. 194-196
ISSN: 0305-8298
World Affairs Online
In: Cambridge studies in international and comparative law 184
"Collective self-defence involves the use of military force to aid a state that is the innocent victim of aggression. However, it has often been abusively invoked as a pretext and risks escalating conflicts. Green analyses fundamental questions about the conceptual nature of collective self-defence and its legal requirements"--
In: Current history: a journal of contemporary world affairs, Band 102, Heft 664, S. 222-232
ISSN: 0011-3530
World Affairs Online
In: Collection de la Faculté de Droit et des Sciences Sociales 27
In: Pubblicazioni della Facoltà di Giurisprudenza, Università di Milano 2,5
In: Ethics & international affairs, Band 17, Heft 1, S. 2-8
ISSN: 0892-6794
The first article of a roundtable discussion on evaluating the preemptive use of force examines distinctions between preemptive & preventive war. Preemption has traditionally been based on perceptions of immediate threat, making the right to preempt an extension of the right of self-defense. Preventive war is considered illegal because it is based on perceptions of future threats that could be responded to in other ways. Historical examples of the difference between preemption & prevention are described to point out difficulties that arise from the distinction. President George W. Bush's assumption that possession of weapons of mass destruction by potential enemies is justification for a preventive war is discussed, along with the implications of not having an international political framework capable of restraining states; the illusion of absolute security; & the notion of humanitarian intervention. The fact that sanctions against Iraq have unintentionally imposed suffering on innocent citizens that the regime has made no attempt to alleviate is seen as possible justification for a more active policy. J. Lindroth
Setting the stage -- Developing the 'value-based model' of self-defence -- The scholarly community's surprising neglect of values as self-defence decision-grounds -- The value-based model's answer to common theoretical ('hard case') questions -- Examining German law's treatment of self-defence from a value-centric perspective -- Examining the US law's treatment of self-defence from a value-centric perspective -- Examining the English law's treatment of self-defence from a value-centric perspective -- Parting observations.
In: Cambridge Studies in International and Comparative Law
"This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'"--
In: Occasional papers / Konrad-Adenauer-Stiftung
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