Suchergebnisse

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 Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.

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.