National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination

2016 ◽  
Author(s):  
Elizabeth Chadwick
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Self Determination ◽  
National Liberation ◽  
Jus In Bello ◽  
International Support ◽  
Jus Ad Bellum ◽  
Legal Limits

This chapter examines the contemporary viability of self-determination and liberation conflicts in the context of the use of force and the limits placed on that force. Drawing on the parameters of restraint developed in humanitarian and human rights laws, it explores the role of force in the struggles for self-determination. The chapter begins with an assessment of the role played by coercion in the internal affairs of states, followed by a discussion on self-determination in relation to jus in bello, jus ad bellum, terrorism, and human rights. It then considers the normative and legal limits placed on force between states compared to the limits on force utilized within states between governments and non-state actors. The chapter concludes by analysing the extent to which existing rules are affected by international support for ‘legitimate’ revolutionary armed conflicts for self-determination.

6. Law, Politics, and the Use of Force

2015 ◽  
Author(s):  
Justin Morris
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Constraint ◽  
Self Interest ◽  
The Status ◽  
State Behaviour ◽  
Jus Cogens

This chapter explores the role of international law in international politics, with particular emphasis on the effectiveness of legal constraint of the use of force by states. It first considers the effect of international law on state behaviour, focusing on the so-called ‘perception–reality gap’, before discussing three reasons why states obey the law: coercion, self-interest, and legitimacy. It then examines the concepts of jus ad bellum and jus in bello; the former governs and seeks to limit resort to armed force in the conduct of international relations, while the latter governs and seeks to moderate the actual conduct of hostilities. Jus in bello is further subdivided into Geneva law and Hague law, both of which generally have the status of jus cogens.

scholarly journals 32. Humanitarian intervention in world politics

2016 ◽  
Author(s):  
Alex J. Bellamy ◽  
Nicholas J. Wheeler
Keyword(s):  
Human Rights ◽  
Humanitarian Intervention ◽  
Middle Eastern ◽  
Use Of Force ◽  
World Politics ◽  
The Other ◽  
Islamic State ◽  
The West ◽  
Protection Goals

This chapter examines the role of humanitarian intervention in world politics. It considers how we should resolve tensions when valued principles such as order, sovereignty, and self-determination come into conflict with human rights; and how international thought and practice has evolved with respect to humanitarian intervention. The chapter discusses the case for and against humanitarian intervention and looks at humanitarian activism during the 1990s. It also analyses the responsibility to protect principle and the use of force to achieve its protection goals in Libya in 2011. Two case studies are presented, one dealing with humanitarian intervention in Darfur and the other with the role of Middle Eastern governments in Operation Unified Protector in Libya in 2011. There is also an Opposing Opinions box that asks whether the West should intervene in Syria to protect people there from the Islamic State (ISIS).

scholarly journals The Use of Force, Wars of National Liberation and the Right to Self-Determination in the South Ossetian Conflict

2009 ◽  
Vol 9 (3) ◽  
pp. 567-583 ◽  
Author(s):  
Kieran O'Reilly ◽  
Noelle Higgins
Keyword(s):  
Use Of Force ◽  
Armed Forces ◽  
Legal Framework ◽  
Self Determination ◽  
National Liberation ◽  
The South ◽  
South Ossetia ◽  
International Attention ◽  
History Of ◽  
The Right

AbstractThe 2008 conflict in South Ossetia, involving both Georgian and Russian armed forces, attracted much international attention and debate. This article seeks to analyse the international legal framework regarding the use of force which should have applied to this conflict. It will first look at the history of, and circumstances surrounding, the South Ossetian conflict, and then examine the jus ad bellum regarding wars of national liberation and aggression. The concept of intervention to protect nationals abroad will also be discussed. These legal paradigms will then be applied to the events of August 2008 in the region of South Ossetia to analyse the legality of the use of force in this conflict.

The Changing Environment and Emerging Resource Conflicts

2016 ◽  
Author(s):  
Marco Pertile
Keyword(s):  
Natural Resources ◽  
Legal Framework ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Resource Conflicts ◽  
Jus Ad Bellum ◽  
Interstate Conflicts ◽  
Occupied Territories ◽  
The Relationship

This chapter examines the role of natural resources such as water, hydrocarbons, and diamonds in international armed conflicts within the framework of international law, as well as the legal regulation of the jus ad bellum aspects of the issue. After outlining some of the international rules relevant to the relationship between natural resources and conflicts, the chapter considers the rules pertaining to the jus ad bellum and assesses the interstate aspects of resource conflicts, paying particular attention to the legal framework for the use of force in international relations. It then looks at the role of sovereignty in the allocation of natural resources among states, the interaction between jus ad bellum and jus in bello with respect to the exploitation of natural resources in occupied territories, , and the effect on transactions in natural resources of the duty of non-recognition of unlawful territorial situations. Finally, it describes the initiatives of the United Nations in addressing the issue of natural resources and their relation to interstate conflicts.

Self-Determination, Human Rights, and the Nation-State

2017 ◽  
Vol 19 (4-5) ◽  
pp. 443-484
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Nation State ◽  
International Human Rights Law ◽  
General Process ◽  
Cultural Minority ◽  
The Right

Abstract In this article I examine selective dimensions of the nexus among the right to self-determination, human rights, and the ‘nation-state’ as they relate to claims made by certain ethno-cultural minority groups. I first discuss some conceptual extensions of ‘national’ claims and their underlying relation to international law and state sovereignty. Then, I critique elements of ‘national’ self-determination that are supposedly constitutive of the law of self-determination, including arguments about sub-national groups as ‘peoples’, and discuss some alternative approaches to the role of international law vis-à-vis this sort of claims. Finally, I argue that international human rights law can offer a synthesis of the above nexus insofar as it works, not so much as a platform for accepting or rejecting seemingly ‘absolute’ rights or solely enabling legal-institutional ad hocism, but rather as a general process-based framework for assessing group- related pathologies that are (directly or indirectly) of international law’s own making.

DEPRIVATION OF LIFE OF AN ASSAILANT IN THE NECESSARY DEFENSE AND A CATALOG OF PROTECTED LEGAL INTERESTS

2020 ◽  
Vol 3 (XX) ◽  
pp. 135-152
Author(s):  
Michał Grudecki ◽  
Magdalena Kleszcz
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
Penal Code ◽  
European Convention ◽  
Self Defense

The article is devoted to the issue of killing an attacker in self-defense. The considerations are based on the interpretation of Article 25 § 2 of the Penal Code, from which it follows that the method of defense must be commensurate with the danger of attack. The authors are looking for a catalog of legal interests that can be defended by harming the attacker’s life. They also analyze Article 2 (2a) European Convention of Human Rights, according to which deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary in defence of any person from unlawful violence. The authors draw attention to the role of this provision in the interpretation of the signs of necessary defense, especially the sign of proportionality of the means of defense to the danger of assassination. In the article, they also defined the concept of a countertype (justification) and briefly characterized the remaining features of necessary defense

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