Necessity and proportionality in international peace and security law / edited by Claus Kress and Robert Lawless.

Format:

Book

Contributor:

Lieber Institute for Law and Land Warfare (United States Military Academy), sponsoring body.

Kress, Claus, editor.

Lawless, Robert (Lawyer), editor.

Series:

Lieber studies ; Volume 5.

The Lieber studies ; Volume 5

Language:

English

Subjects (All):

War (International law).

Physical Description:

1 online resource (488 pages).

Place of Publication:

New York, New York : Oxford University Press, [2021]

System Details:

text file PDF

Summary:

There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. This text explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.

Contents:

Necessity and proportionality in morality and law / Jeff McMahan

On the continuous and concurrent application of ad Bellum and in Bello Proportionality / Eliav Lieblich

The essential link between proportionality and necessity in the exercise of self-defense / Geoffrey S. Corn

The unwilling and unable test for extraterritorial defensive force : why force is permitted against the territorial state / Jens David Ohlin

Drones programs, the individualization of war, and the ad Bellum Principle of Proportionality / Rebecca Mignot-Mahdavi

The quest for an internal Jus ad Bellum : international law's missing link, mere distraction, or Pandora's Box? / Tom Ruys

Article 51's reporting requirement as a space for legal argument and factfulness / Larissa van den Herik

Sequences in military necessity for the Jus in Bello / Dino Kritsiotis

Practical and conceptual challenges to doctrinal military necessity / Robert Lawless

Considerations of necessity under Article 57(2)(a)(ii), (c), and (3) and proportionality under Article 51(5)(b) and Article 57(2)(b) of additional Protocol I : is there room for an integrated approach? / Wolff Heintschel von Heinegg

Specifying the proportionality test and the standard of due precaution : problems of prognostic assessment in determining the meaning of "may be expected" and "anticipated" / Stefan Oeter

The proportionality rule and mental health harm in war / Sarah Knuckey, Alex Moorehead, Audrey McCalley, and Adam Brown

Towards the special computer law of targeting : "fully autonomous" weapons systems and the proportionality test / Masahiro Kurosaki

The duty to pay reparations for the violation of the prohibition of the use of force in international relations and the Jus Post Bellum / Elisabeth Günnewig.

Notes:

Online resource; title from digital title page (viewed on October 10, 2021)

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

0-19-753738-3

0-19-753740-5

0-19-753739-1