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NATO Rules of Engagement

On ROE, Self-defence and the Use of Force during Armed Conflict

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Camilla Guldahl Cooper

In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment.

Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.

Neutrality as a Policy Choice for Small/Weak Democracies

Learning from the Belgian Experience

Michael F. Palo

In Neutrality as a Policy Choice for Small/Weak Democracies: Learning from the Belgian Experience, Michael F. Palo has three main objectives. First, he employs a counterfactual approach to examine the hypothesis that had permanent neutrality not been imposed on Belgium in 1839, it would have pursued neutrality anyway until war broke out in 1914. Secondly, he analyses why, after abandoning obligatory neutrality during World War I, the Belgians adopted voluntary neutrality in October 1936. Finally, he seeks to use the historical Belgian case study to test specific International Relations’ Theories and to contribute to Small State Studies, especially the behaviour of small/weak democracies in the international system.

Aniel Caro de Beer

In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer analyses the role of these norms ( jus cogens norms) in the fight against terrorism. Jus cogens norms protect fundamental values of the international community, are hierarchically superior and non-derogable. The author argues, based on an analysis of the sources of international law, that the prohibition of terrorism has become the jus cogens norm of our time. She further considers the impact of the status of the prohibition of terrorism as a jus cogens norm on other norms of international law relevant in the fight against terrorism, namely the prohibition of torture, the right to a fair trial and the prohibition of the inter-state use of force.

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Stuart Maslen, Nathalie Weizmann, Maziar Homayounnejad and Hilary Stauffer

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the different domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones. Chapters assess the legality of armed drones under jus ad bellum, the law of armed conflict, the law of law enforcement, international human rights law, international criminal law and domestic civil and criminal law. The book also discusses the application of law to fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.

Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Manoeuvring between Legal Regimes and Paradigms for the Use of Force

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Alon Margalit

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.

Origins of the Right of Self-Defence in International Law

From the Caroline Incident to the United Nations Charter

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Tadashi Mori

This book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.

Holding UNPOL to Account

Individual Criminal Accountability of United Nations Police Personnel

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Ai Kihara-Hunt

Ai Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated.
The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.


Will "Justice" Bring Peace?

International Law – Selected Articles and Legal Opinions

Yehuda Z. Blum

The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General.

The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.

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Edited by Gregory Rose and Bruce Oswald

Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances.

The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.

Law, Territory and Conflict Resolution

Law as a Problem and Law as a Solution

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Edited by Matteo Nicolini, Francesco Palermo and Enrico Milano

Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?