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In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Based on best-practice rules of global importance, this Handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force. Renowned international lawyers offer insight into the relevant principles and provisions.
The threat of poison gas, and other related biological warfare agents, holds our society hostage to the possible actions of terrorist groups or rogue states. This study hopes to convince policymakers and the general public that the bad reputation that surrounds the use of gas is largely the result of propaganda, misinformation, and oft-repeated half-truths. With proper precautions and discipline, neither the military nor society need fear gas as a weapon of mass destruction, wielded by dictators and cowards who utilize the loopholes in international agreements and flaunt world opinion. While not advocating the use of toxic gas in warfare, the author argues that education and common sense are the most effective tools to combat the gases that remain in arsenals around the world. After a discussion of the earliest uses of gas and other similar tactics in warfare, this book explains how our image of gas has been shaped by early pronouncements that branded it a treacherous and barbarous weapon. The fear of retribution, as well as political motivations, prevented the use of gas warfare in the Second World War, but its use resurfaced in later decades both in warfare and in combatting internal strife. The author details various types of gas and discusses the most effective measures to counter each one. He also chronicles the long history of attempts to outlaw gas, why these attempts have failed, and why such efforts are not likely to succeed in the future.
This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.
Richard M. Price asks why, among all the ominous technologies of weaponry throughout the history of warfare, chemical weapons carry a special moral stigma. Something more seems to be at work than the predictable resistance people have expressed to any new weaponry, from the crossbow to nuclear bombs. Perceptions of chemical warfare as particularly abhorrent have been successfully institutionalized in international proscriptions and, Price suggests, understanding the sources of this success might shed light on other efforts at arms control.To explore the origins and meaning of the chemical weapons taboo, Price presents a series of case studies from World War I through the Gulf War of 1990–1991. He traces the moral arguments against gas warfare from the Hague Conferences at the turn of the century through negotiations for the Chemical Weapons Convention of 1993. From the Italian invasion of Ethiopia to the war between Iran and Iraq, chemical weapons have been condemned as the "poor man's bomb." Drawing upon insights from Michel Foucault to explain the role of moral norms in an international arena rarely sensitive to such pressures, he focuses on the construction of and mutations in the refusal to condone chemical weapons.
A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.