This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicableinternational law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals. This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actionsof this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined indetail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law ofarmed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law.The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures.The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulatingforce against groups and individuals; the extra-territorial applicability of international human rights law;and the regulation of forcible measures under human rights law. Many of theseissues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force againstnon-state actors and the book offers a number of solutions to thesechallenges. This book is an important contribution to the discourse on how contemporary international law can react to the challenge of Non-State Actors participating in armed conflicts. Lubell is the first author to bring together the area of international law that regulates the resort to force in the territory of other States, IHL and IHRL with respect to the extraterritorial forciblemeasures against Non-State Actors in one book. As such, the book serves both as a primer for those who wantto familiarize themselves with the system of international law concerning armed conflicts, and -- more particularly -- as an attempt to apply the international law system to Non-State Actors...it is a worthwhile read for students andscholars studying the use of force in international law, andpractitioners working in this area. This is a balanced and cogent work on a very topical aspect of the international law on the use of force. The author covers all relevant dimensions: the jus ad bellum, international humanitarian law and international humanrights law. The writing is clear, the use of sources andanalysis rigorous and convincing. [A]n exceptionally impressive work. Itshallmarks are obvious research, analytical rigour, clear exposition and common-sense. It is an important contribution to what continues to be a problematicarea of international humanitarian law and should be much referred to by lawyers working in this field. Lubell writes with an impressive attention to actual and historical state practice...[T]his is an impressive book with a useful place on the bookshelf for the practicing public international lawyer as well as the academic. The author is to be commended for providing a great deal of clarity to the parameters of the legal debates...Lubell's study makes a substantial contribution...through the well-argued analysis of the current state of international law...The work provides an excellent base for further engagement with these difficult issues. INDICE: Introduction Part I: The Inter-State Relationship: Extraterritorial Use of Force and Self-defence Against Non-State Actors The Possibility of Self-Defence Against Non-State Actors The Parameters of Self-Defence Measures Taken Outside the Self-Defence Framework Part I Conclusion Part II: International Humanitarian Law Force Against Non-State Actors as Armed Conflict Non-Traditional Models of Armed Conflict Status of Individuals and the Regulation of Force Part II Conclusion Part III: International Human Rights Law The Principal Practices and Primarily Affected Rights Extraterritorial Applicability of HumanRights Law Concurrent Applicability of International Humanitarian Law and International Human Rights Law Part III Conclusion Concluding Chapter
- ISBN: 978-0-19-964122-2
- Editorial: Oxford University
- Encuadernacion: Rústica
- Páginas: 320
- Fecha Publicación: 18/08/2011
- Nº Volúmenes: 1
- Idioma: Inglés