Rövid leírás:
The second edition of this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force, based on best-practice rules of global importance.
Hosszú leírás:
The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations.
The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.
Certainly, the breadth and depth of the perspectives the book provides on the military and the law will be a revelation to many of those conducting research – and forming opinions – on this and related topics. International lawyers, academics, policy makers and general readers as well, will find this book of immense value.
Tartalomjegyzék:
Part I: General Issues
Concept and Sources of the International Law of Military Operations
History and Development of the International Law of Military Operations
Human Rights and International Humanitarian Law: General Issues
Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities
Part II: Military Operations within the Context of the UN Collective Security System
Enforcement and Peace Enforcement Operations
Legal Characterization and Basis for Enforcement Operations and Peace Enforcement Operations under the Charter
Status of Forces in Enforcement and Peace Enforcement Operations
Legal Parameters for the Use of Force in the Context of the UN Collective Security System
Force Application in Enforcement and Peace Enforcement Operations
Applicability and Application of International Humanitarian Law to Enforcement, Peace Enforcement, and Peace Operations
Peace Operations
Characterization and Legal Basis for Peace Operations
Status of Forces in Peace Operations
Legal Parameters for the Use of Force within the Context of Peace Operations
Application of Force and Rules of Engagement in Peace Operations
Authority, Command, and Control in United Nations-led Peace Operations
Peace Operations Conducted by Regional Organizations and Arrangements
Part III: Military Operations within the Context of the Right of Self-Defence and Other Possible Legal Bases for the Use of Force
Legal Basis of the Right of Self-Defence Under the UN Charter and Under Customary International Law
Status of Forces in Self-Defence Operations
Application of Force and Rules of Engagement in Self-Defence Operations
International Humanitarian Law in Self-Defence Operations
Rescue of Nationals
Humanitarian Intervention
Military Intervention with the Consent or at the Invitation of a Government
Part IV: Capita Selecta of International Military Operational Law
Command and Control in Military Operations
Targeting in Operational Law
Targeted Killings in Operational Law Perspective
Weapons and Operational Law
Air Law and Military Operations
The Law of Military Operations at Sea
Maritime Interception/Interdiction Operations
Legal Dimensions of Special Operations and Information Operations
Military Cyber Operations
Force Protection, Unit Self-Defence and Personal Self-Defence: Their Relationship to Rules of Engagement
The Maintenance of Law and Order in Military Operations
Operational Detention and the Treatment of Detainees
Civil-Military Cooperation and Humanitarian Assistance
Private Contractors and Security Companies
The Prosecution of International Crimes in Relation to the Conduct of Military Operations
International Responsibility and Military Operations
Part V: Synthesis and Conclusion
The Role of the Military Legal Advisor
International Law for Military Operations: Conclusions and Persectives
The Manual on International Law of Military Operations
Glossary of Terms
