Details
- First book to bring together all the different areas of law applicable to the extraterritorial use of force against non-state actors, including international humanitarian law, human rights law, UN law and the use of force
- Clear and systematic examination of the complex legal issues involved
- Includes analysis of anticipatory self-defence, the classification of the 'war on terror' as an armed conflict, the extraterritorial application of human rights law, and the targeting killing 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. Actions of 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 in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed 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 regulating force 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 these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.
Readership: Students and scholars of international law and the use of force; government and NGO legal officers working in the area; practitioners involved in cases concerning the use of force; scholars and students of international relations
- Contents:
- Introduction; PART I: THE INTER-STATE RELATIONSHIP: EXTRATERRITORIAL USE OF FORCE AND SELF-DEFENCE AGAINST NON-STATE ACTORS;
1. The Possibility of Self-Defence Against Non-State Actors;
2. The Parameters of Self-Defence;
3. Measures Taken Outside the Self-Defence Framework; Part I Conclusion; PART II: INTERNATIONAL HUMANITARIAN LAW;
4. Force Against Non-State Actors as Armed Conflict;
5. Non-Traditional Models of Armed Conflict;
6. Status of Individuals and the Regulation of Force; Part II Conclusion; PART III: INTERNATIONAL HUMAN RIGHTS LAW;
7. The Principal Practices and Primarily Affected Rights;
8. Extraterritorial Applicability of Human Rights Law;
9. Concurrent Applicability of International Humanitarian Law and International Human Rights Law; Part III Conclusion; Concluding Chapter
Noam Lubell, Reader, School of Law, University of Essex
"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 forcible measures against Non-State Actors in one book. As such, the book serves both as a primer for those who want to 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 and scholars studying the use of force in international law, and practitioners working in this area." - Hadassa A. Noorda, University of Amsterdam
"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." - Sir Michael Wood
"[A]n exceptionally impressive work. Its hallmarks are obvious research, analytical rigour, clear exposition and common-sense. It is an important contribution to what continues to be a problematic area of international humanitarian law and should be much referred to by lawyers working in this field." - Modern Law Review
"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." - Lawfare blog
"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." - Legal Studies
