The Use of Armed Force in Occupied Territory

Cambridge University Press
Free sample

This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
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About the author

Marco Longobardo is a Research Fellow in Public International Law at the University of Westminster, where he also teaches public international law, international human rights law, and other related subjects. He undertook his doctoral studies at the Sapienza University of Rome and previously lectured at the University of Messina. He has published extensively on public international law issues in international peer-reviewed journals such as the Journal of International Criminal Justice, the Heidelberg Journal of International Law, and the Netherlands International Law Review.

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Additional Information

Publisher
Cambridge University Press
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Published on
Oct 18, 2018
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Pages
351
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ISBN
9781108684903
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Language
English
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Genres
History / Military / General
Law / General
Law / International
Law / Military
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Content Protection
This content is DRM protected.
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The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.
This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.
United Nations peacekeepers currently play a crucial role in international responses to threats to peace and security across the globe. Since 1948 the UN has been involved in over 60 peacekeeping operations. However in the current environment of complex and rapidly changing threats to peace, there has been a dramatic increase in the use of UN peacekeepers to deal with situations of instability. In 2009 alone over 100,000 individuals are deployed on such missions. This situation has resulted in a range of new and pressing challenges to the legal framework applicable during such collective international action. This book provides, for the first time, a comprehensive account of the legal framework regulating this area of collective international action. The book contains key documents in the areas of privileges and immunities, human rights law, international humanitarian law, and international criminal law. Types of documents featured include foundational treaties, international rules and regulations, memoranda, judgments of the International Court of Justice, and some mission specific documents. Before each document a prefatory note is included, outlining the historical development of the document as well as its relevance to UN peace operations. To further assist scholars and practitioners in their work, the work concludes with a guide on undertaking further legal research on the laws relevant to peace operations, a list of all UN peace operations and relevant enabling resolutions, and a suggested approach to interpreting Security Council mandates. From scholars and students to policy makers, representatives in the military, police and humanitarian organisations - this book will be an invaluable resource in the development of a better understanding of the legal framework surrounding the establishment, management, and conduct of peace operations that are mandated and controlled by the UN.
The Army does not want you to read this book. It does not want to advertise its detention system that coddles enemy fighters while putting American soldiers at risk. It does not want to reveal the new lawyered-up Pentagon war ethic that prosecutes U.S. soldiers and Marines while setting free spies who kill Americans.This very system ambushed Captain Roger Hill and his men.Hill, a West Point grad and decorated combat veteran, was a rising young officer who had always followed the letter of the military law. In 2007, Hill got his dream job: infantry commander in the storied 101st Airborne. His new unit, Dog Company, 1-506th, had just returned stateside from the hell of Ramadi. The men were brilliant in combat but unpolished at home, where paperwork and inspections filled their days.With tough love, Hill and his First Sergeant, an old-school former drill instructor named Tommy Scott, turned the company into the top performers in the battalion. Hill and Scott then led Dog Company into combat in Afghanistan, where a third of their men became battlefield casualties after just six months. Meanwhile, Hill found himself at war with his own battalion commander, a charismatic but difficult man who threatened to relieve Hill at every turn. After two of his men died on a routine patrol, Hill and a counterintelligence team busted a dozen enemy infiltrators on their base in the violent province of Wardak. Abandoned by his high command, Hill suddenly faced an excruciating choice: follow Army rules the way he always had, or damn the rules to his own destruction and protect the men he'd grown to love.
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Already acclaimed in England as "first-rate" (The Sunday Times); “a model of meticulous, courageous and path-breaking scholarship"(Literary Review); and "absorbing and thoroughly gripping… deserves a lasting place among histories of the war.” (The Sunday Telegraph), Hunting Evil is the first complete and definitive account of how the Nazis escaped and were pursued and captured  -- or managed to live long lives as fugitives.
 
At the end of the Second World War, an estimated 30,000 Nazi war criminals fled from justice, including some of the highest ranking members of the Nazi Party.  Many of them have names that resonate deeply in twentieth-century history -- Eichmann, Mengele, Martin Bormann, and Klaus Barbie -- not just for the monstrosity of their crimes, but also because of the shadowy nature of their post-war existence, holed up in the depths of Latin America, always one step ahead of their pursuers.  Aided and abetted by prominent people throughout Europe, they hid in foreboding castles high in the Austrian alps, and were taken in by shady Argentine secret agents. The attempts to bring them to justice are no less dramatic, featuring vengeful Holocaust survivors, inept politicians, and daring plots to kidnap or assassinate the fugitives.
 
In this exhaustively researched and compellingly written work of World War II history and investigative reporting, journalist and novelist Guy Walters gives a comprehensive account of one of the most shocking and important aspects of the war: how the most notorious Nazi war criminals escaped justice, how they were pursued, captured or able to remain free until their natural deaths and how the Nazis were assisted while they were on the run by "helpers" ranging from a Vatican bishop to a British camel doctor, and even members of Western intelligence services.  Based on all new interviews with Nazi hunters and former Nazis and intelligence agents, travels along the actual escape routes, and archival research in Germany, Britain, the United States, Austria, and Italy, Hunting Evil  authoritatively debunks much of what has previously been understood about Nazis and Nazi hunters in the post war era, including myths about the alleged “Spider” and “Odessa” escape networks and the surprising truth about the world's most legendary Nazi hunter Simon Wiesenthal. 
 
From its haunting chronicle of the monstrous mass murders the Nazis perpetrated and the murky details of their postwar existence to the challenges of hunting them down, Hunting Evil is a monumental work of nonfiction written with the pacing and intrigue of a thriller.
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