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This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.
For more than a century, from 1900 to 2006, campaigns of nonviolent resistance were more than twice as effective as their violent counterparts in achieving their stated goals. By attracting impressive support from citizens, whose activism takes the form of protests, boycotts, civil disobedience, and other forms of nonviolent noncooperation, these efforts help separate regimes from their main sources of power and produce remarkable results, even in Iran, Burma, the Philippines, and the Palestinian Territories. Combining statistical analysis with case studies of specific countries and territories, Erica Chenoweth and Maria J. Stephan detail the factors enabling such campaigns to succeed and, sometimes, causing them to fail. They find that nonviolent resistance presents fewer obstacles to moral and physical involvement and commitment, and that higher levels of participation contribute to enhanced resilience, greater opportunities for tactical innovation and civic disruption (and therefore less incentive for a regime to maintain its status quo), and shifts in loyalty among opponents' erstwhile supporters, including members of the military establishment. Chenoweth and Stephan conclude that successful nonviolent resistance ushers in more durable and internally peaceful democracies, which are less likely to regress into civil war. Presenting a rich, evidentiary argument, they originally and systematically compare violent and nonviolent outcomes in different historical periods and geographical contexts, debunking the myth that violence occurs because of structural and environmental factors and that it is necessary to achieve certain political goals. Instead, the authors discover, violent insurgency is rarely justifiable on strategic grounds.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
The military intervention by NATO in Kosovo was portrayed in American media as a necessary step to prevent the Serbian armed forces from repeating the ethnic cleansing that had so deeply damaged the former Yugoslavia. Serbia trained its military on Kosovo because of an ongoing armed struggle by ethnic Albanians to wrest independence from Serbia. Warfare in the Balkans seemed to threaten the stability of Europe, as well as the peace and security of Kosovars, and yet armed resistance seemed to offer the only possibility of future stability. Leading the struggle against Serbia was the Kosovo Liberation Army, also known as the KLA. Kosovo Liberation Army: The Inside Story of an Insurgency provides a historical background for the KLA and describes its activities up to and including the NATO intervention. Henry H. Perritt Jr. offers firsthand insight into the motives and organization of a popular insurgency, detailing the strategies of recruitment, training, and financing that made the KLA one of the most successful insurgencies of the post-cold war era. This volume also tells the personal stories of young people who took up guns in response to repeated humiliation by "foreign occupiers," as they perceived the Serb police and intelligence personnel. Perritt illuminates the factors that led to the KLA's success, including its convergence with political developments in eastern Europe, its campaign for popular support both at home and abroad, and its participation in international negotiations and a peace settlement that helped pave the long road from war to peace.
Committee Serial No. 7.
In the second of two volumes Jerome Alan Cohen and Hungdah Chiu have presented in a comprehensive form the views of the People's Republic of China on all the major questions of public international law. The material chosen includes official acts and statements from every level of the Chinese government, editorials and major articles from the People's Daily, dispatches of the New China News Agency and other government media, the writings of Chinese scholars, and the speeches of China's leaders. In an extensive introduction, Professors Cohen and Chiu discuss the experience of previous Chinese governments with international law, and the relationship of China's domestic public order and its foreign policy to its views of international law. Originally published in 1974. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.