Handbook of the International Law of Military Operations 2nd Edition

Criminal Law › International Law

Handbook of the International Law of Military Operations 2nd Edition

Edited by Terry Gill · Dieter Fleck
Oxford University Press December 2015

Specifications

ISBN-13
9780198744627
Publisher
Oxford University Press
Publication
December 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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. Human Rights and International Humanitarian Law: General Issues
4. Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities

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

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 with the Consent or at the Invitation of a Government

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. Weapons and Operational Law
19. Air Law and Military Operations
20. The Law of Military Operations at Sea
21. Maritime Interception/Interdiction Operations
22. Legal Dimensions Of Special Operations and Information Operations
23. Military Cyber Operations
24. Force Protection, Unit Self-Defence and Personal Self-Defence: Their Relationship to Rules of Engagement
25. The Maintenance of Law and Order in Military Operations
26. Operational Detention and the Treatment of Detainees
27. Civil-Military Cooperation and Humanitarian Assistance
28. Private Contractors and Security Companies
29. The Prosecution of International Crimes in Relation to the Conduct of Military Operations
30. International Responsibility and Military Operations

SYNTHESIS AND CONCLUSION
31. The Role Of The Military Legal Advisor
32. Conclusions
The Manual on International Law of Military Operations
Glossary of Terms
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