Introduction and History of Rules of Engagement

2020 ◽  
pp. 1-17
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Twentieth Century ◽  
Law Enforcement ◽  
International Law ◽  
Use Of Force ◽  
Historical Overview ◽  
Military Operations ◽  
Actual Application ◽  
Principal Source ◽  
History Of ◽  
Ancient Times

This section provides an overall introduction to the book, explaining the methodology of studying rules of engagement in the context of (international) law. The book adopts the perspective of military and law enforcement personnel on the actual application of the use of force in military operations and in law enforcement. On these bases, the focus is principally directed at the rules on the use of force issued to such personnel in order to carry out their tasks, while their analyses and interpretations were directed at those rules themselves as the principal source of authorizations and restrictions on the use of force in the conduct of their operations. Furthermore, the chapter provides a historical overview of how rules of engagement have developed from ancient times to the present, with a particular focus on how they have been affected by the conflicts of the twentieth century onwards.

From Knives to Kites: Developments and Dilemmas around the Use of Force in the Israeli–Palestinian Conflict since ‘Protective Edge’

2019 ◽  
Vol 10 (2) ◽  
pp. 303-336 ◽  
Author(s):  
Hilly Moodrick-Even Khen
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Use Of Force ◽  
Legal Regulation ◽  
The Self ◽  
Military Operations ◽  
Legal Questions ◽  
The Law ◽  
Israeli Occupation ◽  
Self Defence

This article analyses the legal regulation of the use of force in international law in the context of three emerging Palestinian forms of struggle against Israeli occupation: the Knife Intifada, the disturbances at the border, and the launching of incendiary kites. It discusses what legal paradigms or concepts should regulate the type and level of force used in each situation – a question that is complicated by various dilemmas – and finally, appraises the Israel Defence Forces policies tailored in response. The article evaluates the applicability of two legal paradigms regulating the use of force in military operations – (i) the conduct of hostilities and (ii) law enforcement – as well as the concept of personal self-defence in international law and the escalation of force procedure. While the Knife Intifada clearly falls under the law enforcement paradigm, the disturbances at the border and the launching of incendiary kites raise more difficult legal questions. Categorising them under a paradigm of law enforcement is less straightforward, and may have undesirable ramifications for safeguarding humanitarian interests. The article argues that the use of force in the disturbances at the border and the incendiary kites cases should be regulated by the concept of self-defence and escalation of force procedure, and that the application of the self-defence concept should be adapted, mutatis mutandis, to situations of law enforcement and to situations of hostilities.

Rewriting Histories of the Use of Force

2021 ◽  
Author(s):  
Agatha Verdebout
Keyword(s):  
Social Psychology ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
International Law ◽  
Use Of Force ◽  
Historical Sources ◽  
Traditional Account ◽  
Depth Analysis ◽  
State Practice ◽  
History Of

It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

The Justification of War and International Order

2021 ◽  
Keyword(s):  
International Relations ◽  
Early Modern ◽  
International Law ◽  
Use Of Force ◽  
International Order ◽  
Frame Of Reference ◽  
Pertinent Literature ◽  
Modern Times ◽  
History Of ◽  
Early Modern Times

The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. The book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present. It comprises contributions from International Law, History and International Relations and from Western and non-Western perspectives.

Introduction: Onna Monogatari

Tanaka Kinuyo ◽  
2018 ◽  
pp. 1-35
Author(s):  
Irene González-López ◽  
Michael Smith
Keyword(s):  
Professional Development ◽  
Twentieth Century ◽  
World History ◽  
Gender And Sexuality ◽  
Historical Overview ◽  
Economic Changes ◽  
The World ◽  
Female Authorship ◽  
History Of ◽  
Studio System

The introduction presents an overview of Tanaka’s life and career vis-a-vis the history of twentieth-century Japan, emphasising how women participated in and were affected by legal, political and socio-economic changes. Through Tanaka’s professional development, it revisits the evolution of the Japanese studio system and stardom, and explains the importance of women as subjects within the films, consumers of the industry, and professionals behind the scenes. This historical overview highlights Japan’s negotiation of modernity and tradition, often played out through symbolic dichotomies of gender and sexuality. By underscoring women’s new routes of mobility, the authors challenge the simplified image of Japanese oppressed women. The second part of the introduction posits director Tanaka as an outstanding, yet understudied, figure in the world history of women filmmaking. Her case inspires compelling questions around labels such as female authorship, star-as-author, and director-as-star and their role in advancing the production and acknowledgement of women filmmaking.

Justifications of the Use of Force as Constitutive Elements of World Order—Points of Departure, Arrivals, and Moving Destinations

2021 ◽  
pp. 503-524
Author(s):  
Lothar Brock ◽  
Hendrik Simon
Keyword(s):  
International Law ◽  
Use Of Force ◽  
World Order ◽  
Collective Violence ◽  
Early Modernity ◽  
History Of ◽  
Order Change ◽  
The Difference

In the book’s concluding chapter Lothar Brock and Hendrik Simon take up the notions of change, progress, and structural repetition (Wiederholungsstrukturen) as understood by Reinhart Koselleck. From a genealogical viewpoint, how and in which way do theories and practices of the justification of war and their meaning for world order change from early modernity to the present? Are there any signs of progress in terms of hedging collective violence and if so, what makes the difference? Or does the history of the justification of war repeat itself in endless cycles of justifying, criticizing, and reproducing war so that change and progress (if any) are stuck in these cycles? Whichever answer seems plausible: the contributions to this book show that international law is more than the white handkerchief in the dinner jacket of crocks.

The Ban on the Use of Force in the UN Charter

2016 ◽  
Author(s):  
Nico Schrijver
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Status ◽  
Use Of Force ◽  
The Other ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of

This chapter focuses on Article 2(4) of the UN Charter, which prohibits the use of force in international relations. After discussing pre-Charter attempts to restrict states’ freedom to resort to warfare, it examines the emergence of a normative doctrine on a bellum justum. It considers the history of Article 2(4) and the other articles of the Charter that touch on the use of force and outlines exceptions to the prohibition on the use of force, including the so-called Uniting for Peace procedure. It examines the interpretation of Article 2(4) in the practice of the General Assembly, Security Council, and International Court of Justice), together with its inclusion in a number of multilateral treaties. Finally, it assesses the question whether the use of force after 1945 conforms to the object and purpose of Article 2(4), as well as the legal status of the prohibition to use force in contemporary international law.

Concepción Arenal and the place of women in modern international law

2020 ◽  
Vol 88 (1-2) ◽  
pp. 211-253
Author(s):  
Ignacio de la Rasilla
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Historical Context ◽  
International Congress ◽  
Early Twentieth Century ◽  
History Of ◽  
Individual Contributions ◽  
History Of International Law ◽  
Academic Study

Summary This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.

scholarly journals Terra firma : contemporary representations of the South African landscape

2004 ◽  
Author(s):  
◽  
Clinton De Menezes
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
South African ◽  
Physical Space ◽  
Historical Overview ◽  
Terra Firma ◽  
The South ◽  
Post Colonial ◽  
History Of ◽  
Contemporary Practice

This research aims to critically investigate the changing colonial and post-colonial attitudes towards the South African landscape, as physical space and its representation, through a post-colonial and Post-Modern critique. Chapter One explores the shifting colonial attitudes toward the landscape from the middle of the eighteenth century to the middle of the twentieth century, to provide an historical overview and context for contemporary practice. Section One defines colonialism for the purposes of this study and provides a brief history of colonialism in South Africa. Section Two provides a concise history of European visual representation from the middle of the eighteenth century to the middle of the twentieth century in order to contextualize the development of South African landscape painting. Section Three analyzes and evaluates changing colonial attitudes and their representation through a discussion of the work of Francois Le Vaillant (1753-1842), Thomas Baines (1820-1875) and J.H. Pierneef (1886-1957). Chapter Two explores attitudes towards the South African landscape between 1948 and 1994 in order to provide a link between colonial representation and post-colonial contemporary practice.

1 Historical Development of the Law of the Sea

2015 ◽  
Author(s):  
Treves Tullio
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Historical Development ◽  
Law Of The Sea ◽  
The Third ◽  
History Of ◽  
Historic Development ◽  
The Law ◽  
Early Phases

This chapter highlights, in the historic development of the law of the sea, the roots of the law as it currently stands and the questions still open today. It considers the early phases of the evolution of the law of the sea up to the end of the nineteenth century followed by, in more detail, developments that took place in the twentieth century up until the Third United Nations Conference on the Law of the Sea. This fundamental event in the history of the law of the sea in the twentieth century is the basis of the international law of the sea of today, and is dealt with in subsequent chapters of this Handbook.

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