Suchergebnisse

Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before

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.

While an abundance of literature covers the right of states to defend themselves against external aggression, this work is dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr Hessbruegge sets out, in careful detail, the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The text also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities

While an abundance of literature covers the right of states to defend themselves against external aggression, this work is dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr Hessbruegge sets out, in careful detail, the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The text also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities

Introduction -- The right to personal self-defense as a general principle of law -- A human right to self-defense? -- Defensive force by law enforcement agents -- Personal self-defense in military-led operations -- Human rights standards for self-defense between private persons -- Self-defense against the state - resistance against human rights violations -- The right to personal self-defense in a rechtsstaat - final reflections

Introduction --The criterion of an armed attack in the jurisprudence of the International Court of Justice --The criteria of necessity and proportionality --The trouble with armed attack and the merged conceptions of self-defence --A proposal for redefining armed attack --The ICJ : roles and restrictions --Conclusion.

1. The doctrine of self-defence and its limits in criminal law -- 2. The laws of war and the roots of international self-defence -- 3. From sovereignty to unilateralism : a critique of the preventive war doctrine -- 4. The role and rationale of the imminence requirement in national and international law -- 5. Conclusions.

The book examines the development of the right of self-defence in international law both as an introduction to the subject and as a critical consideration of its central themes and debates. Special emphasis is laid on the development since 9/11. The right of self-defence is analysed from the point of view of international and constitutional law as well as from the perspective of state practice. The key question the book attempts to answer is whether a state can lawfully invoke its right of self-defence to fight non-state actors. The book appeals to all international lawyers, academics, students, and practitioners, as well as those interested in politics and international relations. (Quelle: Text Verlagseinband / Verlag)