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The Parameters of Self-Defence

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the conditions and rules attached to the exercise of self-defence, with particular reference to circumstances involving non-state actors. The requirement of necessity is shown ... More


Force Against Non-State Actors as Armed Conflict

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins the examination of whether international humanitarian law is an appropriate legal framework that can be applied to extraterritorial force against non-state actors. This includes ... More


The Possibility of Self-Defence Against Non-State Actors

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses the question of whether self-defence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. It examines the ... More


Unilateral Armed Measures

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0005
Subject:
Law, Public International Law

The UN Charter regulates the use of force by states. It permits states to use armed force to enforce a limited set of rights under international law. Principally, states may use force in individual ... More


Concluding Chapter

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter utilises the analysis conducted throughout the book, and applies it in the context of two cases. The first is the conflict between Israel and the Hezbollah in the summer of 2006. The ... More


Cyber Operations and the jus ad bellum

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This Chapter discusses how the UN Charter’s provisions on ius ad bellum apply to cyber operations. It explores if a cyber operation amounts to a ‘use of force’ and is thus prohibited by Article 2(4) ... More


Necessity

Chris O'Meara

in Necessity and Proportionality and the Right of Self-Defence in International Law

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198863403
eISBN:
9780191895821
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863403.003.0002
Subject:
Law, Public International Law

Chapter 2 focuses on the meaning and content of necessity. It argues for the first time that there are two different ‘types’ of necessity. In so doing, this author proposes a novel taxonomy to ... More


Self-Defence and Collective Security

Alexander Orakhelashvili

in Collective Security

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579846
eISBN:
9780191725302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579846.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the inherent right of states to self-defence under Article 51 of the UN Charter as part of the collective security process and one of its valid causes of action. After examining ... More


Cyberwar versus Cyber Attack: The Role of Rhetoric in the Application of Law to Activities in Cyberspace

Laurie R Blank

in Cyber War: Law and Ethics for Virtual Conflicts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198717492
eISBN:
9780191787041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717492.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

The interplay between law and rhetoric forms an important backdrop for analyzing international legal norms governing state response to cyber threats. First, the term “cyberwar” or “cyberwarfare” is ... More


The Use of Force after 9/11

Ralph Jason

in America's War on Terror: The State of the 9/11 Exception from Bush to Obama

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652358
eISBN:
9780191745515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652358.003.0002
Subject:
Political Science, International Relations and Politics

This chapter discusses the debate that surrounded the Bush administration’s insistence that the 9/11 attacks gave rise to a state of armed conflict and its argument that the norms informing the ... More


Attack Decision-Making: Context, Reasonableness, and the Duty to Obey

Geoffrey S. Corn

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0012
Subject:
Law, Public International Law

Proportionality is one of the most important civilian protection rules in the Law of Armed Conflict (LOAC). In an era when combat almost always occurs in areas with substantial civilian populations, ... More


The Use or Threat of Force and The Concept of Armed Attack

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0020
Subject:
Law, Public International Law

This chapter reports on the legality of action against imminent threats from the armed forces of a state just outside territorial waters. It consists of many references to ‘resort to force’ or ‘the ... More


Legal Basis for the Use of Armed Force

Geoffrey S. Corn

in The War on Terror and the Laws of War: A Military Perspective

Published in print:
2015
Published Online:
December 2014
ISBN:
9780199941452
eISBN:
9780190221393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941452.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter addresses how the international legal authority for nations to resort to military force to protect their security interests—generally known as the jus ad bellum—impacts use of force ... More


Law-of-War Precautions: A Cautionary Note

Sean Watts

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0005
Subject:
Law, Public International Law

While the humanitarian benefits of precautions undertaken to protect civilians during attacks are readily apparent, the operational and legal costs of precautions in the attack are less acknowledged. ... More


Activating the Mutual Assistance Clause of the Treaty on the European Union and the Right of Self-defence

Carlos Espaliú Berdud

in How International Law Works in Times of Crisis

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198849667
eISBN:
9780191883941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198849667.003.0006
Subject:
Law, Public International Law

Following the 2015 Paris attacks, one of the most discussed issues is whether the Paris incidents constitute an ‘armed attack’ requisite to trigger the right of self-defence in light of the wording ... More


Assessing LOAC Compliance and Discourse as New Technologies Emerge: From Effects-Driven Analysis to “What Effects?”

Laurie R. Blank

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0002
Subject:
Law, Public International Law

This chapter explores the consequences for effective discourse about the Law of Armed Conflict (LOAC) compliance of new technologies that intentionally or effectively mask the effects of an attack, ... More


Accounting for the Complexity of the Law Applicable to Modern Armed Conflicts

Marko Milanovic

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0002
Subject:
Law, Public International Law

It is almost trivial to observe that the law applying to modern armed conflicts is full of complexities. Such complexities are, after all, the bread and butter of legal academics, who have produced ... More


Norms of Territorial Integrity and Political Independence: The Ban on the Use of Force and Non-Intervention

Steven R. Ratner

in The Thin Justice of International Law: A Moral Reckoning of the Law of Nations

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198704041
eISBN:
9780191773204
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198704041.003.0005
Subject:
Law, Public International Law, Philosophy of Law

This chapter analyses one of the core norms of international law under the two-pillar standard of thin justice—sovereignty norms, the critical rules that ban the use of force and intervention by one ... More


When Does Election Interference via Cyberspace Violate Sovereignty?: Violations of Sovereignty, “Armed Attack,” Acts of War, and Activities “Below the Threshold of Armed Conflict” via CyberspaceJames Van de Velde

James Van de Velde

in Defending Democracies: Combating Foreign Election Interference in a Digital Age

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197556979
eISBN:
9780197557006
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197556979.003.0008
Subject:
Law, Legal Profession and Ethics

When does foreign election interference via cyberspace violate U.S. sovereignty, and when do such violations warrant a response? When do violations of sovereignty constitute “armed attacks” or “acts ... More


Murder Among Nations

George P. Fletcher and Jens David Ohlin

in Defending Humanity: When Force is Justified and Why

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199757213
eISBN:
9780190260248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199757213.003.0001
Subject:
Law, Public International Law

This chapter discusses some of the uncertainties that arise in declaring war under the UN Charter. Under the Charter, military operations are justified in the eyes of international law in only two ... More


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