International law and the war with Islamic State challenges for jus ad bellum and jus in bello
The rise of Islamic State and its military strength -- The war with Islamic State as a matter of the jus ad bellum -- The legality of the attacks on energy resources occupied by Islamic State as a matter of the jus in bello.
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| Format: | UnknownFormat |
| Sprache: | eng |
| Veröffentlicht: |
Oxford, London, New York, New Delhi, Sydney
Hart Publishing, an imprint of Bloomsbury Publishing
2021
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| Schriftenreihe: | Studies in international law
volume 84 |
| Schlagworte: | |
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Tag hinzufügen | Zusammenfassung: | The rise of Islamic State and its military strength -- The war with Islamic State as a matter of the jus ad bellum -- The legality of the attacks on energy resources occupied by Islamic State as a matter of the jus in bello. "Armed non-state actors often have economic aims that international law need to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of the jus ad bellum and the jus in bello, particularly when discussing the use of extraterritorial armed force against armed non-state actors, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in the jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by armed non-state actors"-- |
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| Beschreibung: | Includes bibliographical references (151-171) and index |
| Beschreibung: | xviii, 186 Seiten |
| ISBN: | 9781509950515 978-1-5099-5051-5 9781509950553 978-1-5099-5055-3 |