This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the
jus ad bellum and
jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the
ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.
Noelle Higgins, Ph.D. (2007) in Law, Irish Centre for Human Rights, NUI, Galway, is a lecturer in international law in Dublin City University. Her research focuses on the use of force and she has published various articles in this area.
"...Dr Higgins’ book provides a detailed, well researched, and well argued review of the
ius ad bellum and
ius in bello as it relates to wars of national liberation."
Siobhán Wills, University College Cork,
The Irish Jurist, 2012.
All those interested in the regulation of the use of force as well as the regulation of non-state actors under international law.