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This book details the position in 13 countries on calling out the military in the domestic domain. A historical context along with the current position and practice is provided.
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.
The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.
By embedding Guatemala in recent conceptual and theoretical work in comparative politics and political economy, this volume advances knowledge about country’s politics, economy, and state-society interactions. The contributors examine the stubborn realities and challenges afflicting Guatemala during the post-Peace-Accords-era across the following subjects: the state, subnational governance, state-building, peacebuilding, economic structure and dynamics, social movements, civil-military relations, military coup dynamics, varieties of capitalism, corruption, and the level of democracy. The book deliberately avoids the perils of parochialism by placing the country within larger scholarly debates and paradigms.
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
The Asia-Pacific Regional Security Assessment (APRSA) examines key regional security policies and challenges relevant to the proceedings of the IISS Shangri-La Dialogue, Asia’s premier defence summit convened by the International Institute for Strategic Studies (IISS). It is published and launched at the Dialogue and the issues analysed within its covers are central to discussions at the event and beyond. This eleventh edition comes as the APRSA celebrates its first decade. A dozen IISS experts reflect on a decade of change and continuity across major security policies and challenges facing the Asia-Pacific region. Three themes materialise across six chapters: the pressure and constraints surrounding great-power competition, the enduring value of alliances and partnerships and the impact of advanced and emerging technology for regional security dynamics. In addition to the introduction, the APRSA will now feature a special-topic chapter providing a deeper analysis of an enduring security policy and challenge. The other five chapters investigate further key dimensions of the regional security environment, supported by maps, graphs, charts and tables. The six chapters of this year’s APRSA cover the following topics: Combined military exercises in the Asia-Pacific Crisis management between the United States and China India’s defence partnership in the Asia-Pacific Diplomatic approaches to managing the Myanmar conflict Disinformation campaigns in the Asia-Pacific The Asia-Pacific air-to-air challenge
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.