Conclusions

2020 ◽  
pp. 288-318
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
International Law ◽  
Conceptual Model ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Central Question ◽  
Military Operations ◽  
Applicable Law ◽  
Introductory Discussion

This study has sought to contribute to the communication between the academic analysis of the legal aspects of the use of force and the realm of pragmatic application of the rules on the use of force during the conduct of military operations, presenting the case for the need, indeed necessity, for both these realms to remain connected. This chapter presents a conceptual model of rules of engagement (ROE) on the basis of the constituent chapters of the book, drawing on the introductory discussion of the classic ROE model in Chapter 1. It re-examines the influence of political, operational, and legal considerations on ROE and describes the overall function of ROE in terms of applicable law and in the context of the international law of military operations. Drawing on the underlying conclusions from this study, the main questions discussed in the Introduction will be addressed in order to answer the central question: what is the function of ROE and derivative (or similar) rules on the use of force in the context of the legal framework governing the use of force during military operations.

Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

scholarly journals AMERICAN INTERNATIONAL LAW DOCTRINE: REVIVAL OF “JUST WAR” CONCEPT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Кира Сазонова ◽  
Kira Sazonova
Keyword(s):  
International Relations ◽  
International Law ◽  
Just War ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Substantive Content ◽  
Functional Methods ◽  
The Subject

This article discusses the views and opinions of American experts in the field of international law and international relations, devoted to a very ambiguous concept of “just war”. However, this concept raises many questions about its compliance with the contemporary international law, particularly in the context of the principle of non-use of force or a threat of force, which is fixed in the UN Charter. The subject of research is a range of works of American international lawyers on the substantive content and the legal aspects of “just war” concept. As research methods were used common scientific methods, such as induction, generalization, deduction, as well as comparative legal, historical, structural-functional methods. Reference to the concept of “just war” is often use in the speeches of American politicians, so it has a significant impact on the U.S. foreign strategy. Thus, the legal assessment of the “just war” concept is necessary in the context of the current international legal framework. In the Russian doctrine of international law the concept has practically no coverage, so the article is intended to fill this gap.

scholarly journals Organizacyjne i personalne ramy „globalnej wojny z terroryzmem” w świetle orzecznictwa sądów amerykańskich

Poliarchia ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 51-95
Author(s):  
Dariusz Stolicki
Keyword(s):  
Use Of Force ◽  
The United States ◽  
Legal Framework ◽  
Federal Courts ◽  
Military Force ◽  
Islamic State ◽  
Military Operations ◽  
Global War On Terror ◽  
Global War ◽  
The Impact

The Organizational and Personal Framework of the “Global War on Terror” in the Light of the Decisions of the United States Courts The article analyses the law of military detention applicable to the ongoing conflict with Al‑Qaeda and associated forces, to the extent that that law emerges from the jurisprudence of U.S. federal courts, and particularly of the D.C. Circuit. It discusses four major issues: the types of organizations against which military force can be used in accordance with the Congressional authorization, the range of persons subject to military detention in connection with such use of force (in terms of both legal categories and factual predicates), the scope of the battlefield on which the use of force is authorized, and the extent to which American citizens or foreigners lawfully present in the U.S. territory enjoy special immunity from military detention. The article concludes that the impact of the D.C. Circuit decisions on those questions extends beyond the issue of military detention, and provides the general legal framework applicable to other military operations directed against terrorist organizations in the Middle East, such as target strikes or the campagin against the self‑styled Islamic State.

Mandated to Protect

2016 ◽  
Author(s):  
Haidi Willmot ◽  
Ralph Mamiya
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Legal Framework ◽  
Human Rights Law ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Un Security Council ◽  
Republic Of The Congo ◽  
Peacekeeping Missions

This chapter focuses on the conception and evolution of the UN Security Council mandate to protect civilians during peacekeeping operations from 1960 to the present. The chapter examines the normative and legal framework of the use of force to protect civilians in UN peacekeeping operations, with reference to Security Council resolutions and other bodies of international law such as humanitarian and human rights law. It considers Security Council practice between 1960 and 1999 and its emphasis on the concept of self-defence; Security Council practice from 1999 to 2007 regarding the inception and development of the explicit ‘protection of civilians’ mandate by the Council; Security Council practice from 2007 to 2011; and prioritization of the mandate in certain peacekeeping missions, specifically UNAMID (Sudan (Darfur)), MONUC (Democratic Republic of the Congo), UNOCI (Côte d’Ivoire), and UNMISS (South Sudan). Finally, the chapter describes Security Council practice from 2011 onwards and draws conclusions on impact that the protection of civilians mandate in peacekeeping operations has had on the evolution of the legitimate use of force under the UN Charter.

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.

scholarly journals Small Satellites: National Regulatory Challenges

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 190-204
Author(s):  
Asta Tūbaitė-Stalauskienė
Keyword(s):  
Outer Space ◽  
Legal Framework ◽  
Legal Aspects ◽  
Small Satellites ◽  
National Space ◽  
The Republic ◽  
Model Law ◽  
Space Activities ◽  
Debris Mitigation

[full article, abstract in English; abstract in Lithuanian] This article analyses the regulation of space activities, especially small satellites activities. Its purpose is to analyse the relevant international legal framework and discuss the possible future national space legislation in Lithuania. It has been divided into two chapters. Chapter 1 summarises the relevant international space law and addresses essential aspects related to the authorisation of space activities, registration of objects launched into outer space, liability issues, insurance requirements and debris mitigation issues. Chapter 2 deals with reasons to adopt the national space legislation in Lithuania and discusses what legal aspects should be covered by the national law in order to guarantee balance between the regulation and promotion of small satellite activities. Finally, it includes the Model Law on the Promotion of National Space Activities and the Establishment of a National Space Registry of the Republic of Lithuania.

scholarly journals Defamation on Social Media

2021 ◽  
Vol 5 (1) ◽  
pp. 121-134
Author(s):  
Sandra Sakolciová
Keyword(s):  
Social Media ◽  
International Law ◽  
Case Law ◽  
Legal Framework ◽  
Status Quo ◽  
Private International Law ◽  
Online Environment ◽  
Negative Effects ◽  
Applicable Law ◽  
Cross Border

There is no doubt that social media have become a very important part of many people’s everyday life. The consequences of their usage is an increased engagement in defamation, most likely due to the aspect of anonymity present in the online environment. Such cross-border (or more precisely border-less) defamation raises difficult challenges in terms of jurisdiction and applicable law. These challenges, which will be analysed in more detail in the article, remain unresolved up until today. Moreover, negative effects occur not only within private international law itself, but status quo significantly influences the exercise of basic human rights, too. Besides analysing the existing EU legal framework and applicable case-law, the article also looks into the possible alternatives.

Protection and Utilization of Indonesia Genetic Resources: Disentangle of Regime Complex

2020 ◽  
Vol 11 (1) ◽  
pp. 154-154
Author(s):  
Efridani Lubis
Keyword(s):  
Intellectual Property ◽  
Genetic Resources ◽  
International Law ◽  
Environmental Law ◽  
Legal Framework ◽  
Legal Aspects ◽  
Genetic Technology ◽  
Regime Complex ◽  
Study Results ◽  
Protection And Utilization

This paper investigates the effective regulation of genetic resources (GR) in Indonesia. Using comparative study between related legal framework, this study explores which approach will be benefit mostly for the GR itself, since there is overlapping guidelines in term of GR. There are three legal systems, i.e., International Law, Intellectual Property Law, and Environmental Law that related to GR in Indonesia, but none of them directly and precisely regulate the protection and utilizing of the GR. The study results indicate that the most effective way to protect and utilizing GR continuously is to arrange the sui generis system that take into account its biology, genetic, technology, culture, and legal aspects at the same time. Keywords: Genetic Resources, Sui Generis System, Intellectual Property.

12. War and law in the twenty-first century

2021 ◽  
pp. 267-286
Author(s):  
Nicole Scicluna
Keyword(s):  
International Law ◽  
War On Terror ◽  
Use Of Force ◽  
First Century ◽  
Cyber Warfare ◽  
Military Operations ◽  
The Us ◽  
Terrorist Groups ◽  
New Type ◽  
The Right

This chapter explicates the various ways in which contemporary warfare challenges post-1945 international law on the use of force and the conduct of war. It begins by exploring the rules governing the use of force against non-state actors. This is one of the most pressing issues of the war on terror, much of which has involved military operations against terrorist groups operating from the territory of states that cannot or will not suppress their activities. In particular, campaigns by the US and several other states against ISIS in Syria have seriously undermined the international law framework governing self-defence and the right of states to have their sovereignty and territorial integrity respected. The chapter then looks at another trademark policy of the war on terror: the use of targeted killings, often carried out by unmanned drones, to eliminate suspected terrorists. It also considers a new type of warfare altogether: the emerging phenomenon of cyber warfare, which, too, has implications for both jus ad bellum and jus in bello.

The Development of National and International Legislation in the Field of Countering the Financing of Terrorist and Extremist Activities

2020 ◽  
Vol 9 (3) ◽  
pp. 939
Author(s):  
Zarina MURATZHAN ◽  
Kakimzhan Muratzhanovich BISHMANOV ◽  
Zhanat Rakhimzhanovna DILBARKHANOVA
Keyword(s):  
International Law ◽  
Money Laundering ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Experience ◽  
Economic Basis ◽  
National Characteristics ◽  
Financing Of Terrorism

This article discusses the legal aspects of countering the financing of terrorism and extremism at the national and international levels. The economic basis for the activities of terrorist and extremist organizations is money, which in many cases is received from legalized shadow incomes. Therefore, the legalization of shadow incomes and the financing of terrorism and extremism are inseparable in the legislation of many countries and international law. This article discusses some national characteristics and international legal experience in countering money laundering and the financing of terrorism and extremism. The purpose of the present work is to analyze the possibilities of applying global experience in countering the activities of terrorist and extremist organizations by suppressing their financing and making it more difficult. The authors have examined legal acts and the opinions of researchers suggesting various methods of countering the financing of terrorism. The analysis of the above materials allowed the authors to conclude the need to use international experience to improve the legal framework for countering the financing of terrorism and extremism in Kazakhstan.

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