基本説明
New in paperback. Hardcover was published in 2010. Offers authoritative commentary encompassing self-defence, peace operations, and otehr uses of force.
Full Description
The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings. While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation. Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level. At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications.
This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations. The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions. They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.
Contents
PART I GENERAL ISSUES ; 1. Concept and Sources of the International Law of Military Operations ; 2. History and Development of the International Law of Military Operations ; 3. Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities ; 4. Human Rights and International Humanitarian Law: General Issues ; PART II MILITARY OPERATIONS WITHIN THE CONTEXT OF THE UN COLLECTIVE SECURITY SYSTEM ; 5. Enforcement and Peace Enforcement Operations ; 5.1 Legal Characterization and Basis for Enforcement Operations and Peace Enforcement Operations under the Charter ; 5.2 Status of Forces in Enforcement and Peace Enforcement Operations ; 5.3 Legal Parameters for the Use of Force in the Context of the UN Collective Security System ; 5.4 Force Application in Enforcement and Peace Enforcement Operations ; 5.5 Applicability and Application of International Humanitarian Law to Enforcement and Peace Enforcement Operations ; 6. Peace Operations ; 6.1 Characterization and Legal Basis for Peace Operations ; 6.2 Status of Forces in Peace Operations ; 6.3 Legal Parameters for the Use of Force within the Context of Peace Operations ; 6.4 Application of Force and Rules of Engagement in Peace Operations ; 6.5 Authority, Command and Control in United Nations-led Peace Operations ; 7. 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 ; 8. Legal Basis of the Right of Self-Defence under the UN Charter and under customary International Law ; 9. Status of Forces in Self-Defence Operations ; 10. Application of Force and Rules of Engagement in Self-Defence Operations ; 11. International Humanitarian Law in Self-Defence Operations ; 12. Rescue of Nationals ; 13. Humanitarian Intervention ; 14. Military Intervention at the Invitation of a Government ; PART IV CAPITA SELECTA OF INTERNATIONAL MILITARY OPERATIONAL LAW ; 15. Command and Control in Military Operations ; 16. Targeting in Operational Law ; 17. Targeted Killings in Operational Law Perspective ; 18. Air Law and Military Operations ; 19. The Law of Military Operations at Sea ; 20. Maritime Interception/Interdiction Operations ; 21. Legal Dimensions of Special Forces and Information Operations ; 22. Force Protection, Unit Self-Defence, and Extended Self-Defence ; 23. Personal Self-Defense and its Relationship to Rules of Engagement ; 24. The Maintenance of Law and Order in Military Operations ; 25. Operational Detention and the Treatment of Detainees ; 26. Civil-Military Cooperation and Humanitarian Assistance ; 27. Private Contractors and Security Companies ; 28. Prevention and Repression of (Sexual) Violence, Exploitation, and Abuse in the Context of Peace Operations Ben Klappe ; 29. The Prosecution of International Crimes in Relation to the Conduct of Military Operations ; 30. The Responsibility of Peacekeepers, their Sending States, and International Organizations ; The Role of the Military Legal Advisor ; 31. The Role of the Military Legal Advisor ; Conclusions ; Annexes The Manual on International Law of Military Operations ; Glossary of Terms ; Index
