Dissertations / Theses: 'War (International law)'

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Schultz, Sarah J. "The just war or just a war : a proposal for ethical joint doctrine of war /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FSchultz.pdf.

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Thesis (M.A. in Security Studies (Civil-Military Relations))--Naval Postgraduate School, September 2005.
Thesis Advisor(s): Karen Guttieri. Includes bibliographical references (p. 89-95). Also available online.

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Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.

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This thesis is concerned with the analysis of the war crime of attacking peacekeeping missions under international humanitarian law and international criminal law. The Rome Statute of the International Criminal Court criminalises “(…) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict”. However, the exact scope of application of this war crime is unclear and controversial due to the overlap of three different fields of international law: international criminal law, international humanitarian law and United Nations law. These distinct bodies of law have their own principles, objectives and logic and might not necessarily be in perfect harmony with each other at this particular point. Major complexities linked to it include the definition of a peacekeeping mission in accordance with the Charter of the United Nations, the status of peacekeeping personnel and objects under international humanitarian law, and the scope of peacekeepers’ right to self-defence. The central research question that this thesis addresses is about the compatibility of this war crime with the system of international law. This is answered in the affirmative. The contribution to knowledge that this thesis offers relates to critical studies on international criminal law, international humanitarian law and the United Nations system. The thesis clarifies the scope of application of the war crime of attacking personnel and objects involved in a peacekeeping mission in accordance with the United Nations Charter. This is the first comprehensive analysis of the overlap of legal regimes with respect to this war crime, which can assist courts in application of the rules relating to the protection of peacekeeping missions.

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Akbar, Muqarrab. "Pakistan at crossroads : war against terrorism and international law." Thesis, Glasgow Caledonian University, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.676475.

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This thesis examines the contribution of Pakistan in the war on terror and problems faced by Pakistan due to this War. It explores selected legal issues of the War on Terror, particularly those relevant to Pakistan. To achieve this, the existing literature on Pakistan's decision to join the War, Pakistan's contribution in the War and its effects on the country are analysed. The research is focused on the Pak-US relations and selected aspects of International Law. A field work through interviews, short sample survey and focus groups are conducted to investigate the opinion of the people in Pakistan regarding the War. Through a snapshot of the history, this thesis examines the phenomenon of terrorism. It provides a general understanding of the phenomenon of Terrorism and examines the roots of terrorism in Pakistan particularly with reference to the Afghanistan factor. The study shows that Pakistan's support and contribution in the War on Terror have incited anti-war sentiments at home, whereas its sacrifice and efforts in countering terrorism have not been recognised at the international level. This study explains that both the internal factors and external dynamics are playing a negative role in achieving the objectives of the War on Terror. Some attention is paid to selected aspects of International Law especially those that have affected the Pak-US strategic partnership in general and the War on Terror in particular, such as drone strikes and violation of Human rights. The thesis shows how the divided public opinion in Pakistan has affected the War on Terror. The successive divergence of interests between Pakistan and US resulted into mistrust between the partners, and in turn, in achieving the objectives of the War on Terror. It also shows that the Policy makers in Pakistan have been unsuccessful in getting the public opinion on board regarding the policies of the War. The thesis concludes that Pakistan's strategic foundations, US policies and the Indian threat are fundamental problems in the alliance with US in the War against Terrorism. There is, therefore, a need to redefine and restructure the Pakistan's foreign policy in general and in the War on Terror in particular to help in mitigating the issue of terrorism in the country.

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Elbakry, Mohamed Mokbel Mahmud. "The legality of "war" in Al-Shariʼa Al-Islamiya (the Islamic law) and contemporary international law compararative study /." Connect to e-thesis, 1987. http://theses.gla.ac.uk/666/.

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Thesis (Ph.D.) - University of Glasgow, 1987.
Ph.D. thesis submitted to the Department of Public International Law, Faculty of Law, 1987. Includes bibliographical references. Print version also available.

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Zawātī, Ḥilmī. "Just war, peace and human rights under Islamic and international law." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28236.

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The present thesis attempts a critical examination of the theory of war under Islamic and public international law, in an effort to demonstrate that jihad is a just, defensive, and exceptional form of warfare, geared to the maintenance of peace, and the protection of human rights for all people, whether those rights be exercised alone or in association with others, without distinction as to race, sex, language or religious belief. Through an examination of the norms of Islamic and public international law on armed conflict, this thesis argues that Islamic law, which governs the doctrine of jihad, is realistic and practical. Further, it made a great contribution to international humanitarian law more than a millennium before the codification of the four Geneva Conventions of 1949, and eight centuries before the appearance of Hugo Grotius treatise "De jure belli ac pacis libri tres" in 1625.
Furthermore, this comparative study reveals that the word jihad might be one of the most misunderstood terms in the history of Islamic legal discourse. This analysis also claims that the division of the world into dar al-Islam (territory of Islam) and dar al-harb (territory of war), which is not predicated on a state of mutual hostility, was dictated by particular events, and was not imposed by scripture. Moreover, this discussion provides that Islamic humanitarian law regulates conduct during a jihad on the basis of certain humane principles, compatible with those upon which modern international conventions are based. Finally, this thesis concludes that there is a unique relationship between jihad and the notion of just war, a matter which qualifies it as the bellum justum of Islam.

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O'Keefe, Roger. "Law, war and 'the cultural heritage of all mankind'." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270870.

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Sellars, Kirsten. ""Crimes against peace" and international law." Thesis, University of Aberdeen, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=133994.

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The Nuremberg Judgment on the leaders of Nazi Germany proclaimed ‘crimes against peace’ – the planning and waging of aggressive wars – to be ‘the supreme international crime’. This charge was premised on two innovative ideas: that aggressive war was a crime, and that individuals could be held responsible for it. Although heralded as an historic milestone at the time, it turned out to be a transient legal anomaly. At the Nuremberg Tribunal, the number of acquittals, coupled with the relative leniency of the sentences, indicated the judges’ unease about convicting on the basis of ‘crimes against peace’. At the Tokyo Tribunal, some judges questioned the validity of the charge and filed dissents. Legal observers, meanwhile, were outspoken in their criticisms, and argued that it was an ex post facto enactment, selectively applied. Aside from retroactivity and selectivity, the main difficulty arose from the internal contradictions within the charge itself, which rendered it unsustainable as a component of international law. On jurisdiction, it enhanced the sovereignty of nations by protecting them against aggression, while simultaneously undermining sovereignty by subjecting leaders to international law. On enforcement, while judicialising punishment after the event, it simultaneously de-legitimised both aggression and attempts to prevent it. These weaknesses were confirmed by the failure of ‘crimes against peace’ to become part of customary international law. If the Rome Statute is amended to include ‘crime of aggression’ within the International Criminal Court’s operative remit, these latter problems are likely to occur.

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Schub, Robert Jay. "Certainty and War." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:33493541.

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Does greater certainty about an adversary’s attributes cause peace? What states believe they can secure through force dictates the diplomatic settlements they will accept. In prevailing accounts which preclude assessment errors, certainty promotes peace as states can readily identify agreements preferable to war. Yet, empirically, high-certainty assessments often contribute to bargaining failure, rather than success. This dissertation resolves the tension. Assessments are not objectively given; leaders must form them through subjective processes. Consistent with behavioral studies, leaders are often more certain than available information warrants. Incorporating these overprecision errors, I show certainty can increase the risk of war. Hence, the relationship between certainty and war is conditional. Whether estimates are overprecise depends on the information leaders receive from advisers who have specialized expertise due to a division of labor. Failure to tap into this expertise generates overprecise estimates. This is particularly likely when leaders fail to gather information pertinent to an adversary’s political (versus military) attributes by marginalizing a state’s diplomats—such as US State Department officials. Bureaucracies affect state behavior through the substantive expertise they provide, not through parochial preference divergences which dissipate during crises. To test the argument I construct a measure of certainty using an original corpus of declassified security documents from US Cold War crises. Quantitative tests using the measure demonstrate that State Department officials provide assessments with less certainty than counterparts and the relationship between certainty and conflict is conditional on the State Department’s role. When State Department officials are heavily involved, certainty leads to peace; when marginalized, certainty is likely due to overprecision and leads to war. Case studies of the Bay of Pigs and Iraq War assess implications that elude quantitative testing. Presidents marginalized diplomats, privileging CIA estimates in 1961 and Pentagon estimates in 2003. Each agency offered high-certainty estimates over political attributes affecting conflict outcomes: popular uprisings in Cuba and stability in post-Saddam Iraq. Overprecision is not a matter of hindsight as marginalized advisers invoked greater uncertainty before hostilities commenced. Integrating behavioralist and rationalist approaches offers greater explanatory power in quantitative tests and provides insights into historical cases that are puzzling for extant theories. Moreover, the dissertation shows that certainty is not strictly welfare enhancing and flags policy conditions conducive to assessment errors and costly foreign policy blunders.
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Ramey, Robert A. "Space warfare and the future law of war." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0030/MQ55106.pdf.

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Hedkvist, Elin. "Girls and Boys at War : Child Soldiers in International Law." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9453.

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The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.

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Chesterman, Simon. "Just war or just peace? : humanitarian intervention and international law." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:a2f9085b-4ca9-4244-bff0-837ea5d4d74b.

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The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. The thesis begins with an examination of the genealogy of this right, and arguments that it may have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain 'illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. The thesis therefore examines Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the thesis argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a 'right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.

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Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

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Crawford, Emily Jessica Teresa Law Faculty of Law UNSW. "Unequal before the law: Questioning the distinction between types of armed conflict in international law." Publisher:University of New South Wales. Law, 2008. http://handle.unsw.edu.au/1959.4/41260.

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This thesis makes the case for eliminating the distinction between types of armed conflict under international humanitarian law (IHL). Currently, IHL makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This bifurcation of the law was logical at the time the Geneva Conventions of 1949 were drafted and adopted, as the majority of armed conflicts prior to that point had been international in character. However, in the years following the adoption of the Conventions, there has been a proliferation of non-international armed conflicts, which presents challenges to a body of law that has few tools to adequately address such occurrences. The adoption of the Additional Protocols in 1977 went some way to addressing the legal lacunae that existed, but significant gaps still remain. Mindful this history, this thesis tracks the growth and evolution of the laws of armed conflict in the modern era, since the first document of the laws of war produced for the American Civil War. In doing so, this thesis demonstrates how the law of armed conflict has become increasingly harmonised in its application, with more rules of IHL being generally applicable in all instances of armed conflict, regardless of characterisation. This thesis then makes the argument that the time has come for the final step to be taken, the elimination of the distinction between types of armed conflict, and the complete harmonisation of the laws of war. Focusing specifically on the issue of combatants and POWs in armed conflicts, this thesis draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied.

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Richmond, Sean. "At the vanishing point of law? : international law and the use of force by Britain and Canada in the Korean War and Afghanistan Conflict." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d290493c-3afd-4a51-8dea-27ea0bd9069a.

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This thesis examines important aspects of Canada and Britain’s participation in the Korean War of 1950-53 and the Afghanistan Conflict of 2001-present with a view to better understanding how international law influenced this participation, and whether key leaders and officials understood said law as a binding and distinct phenomenon. It draws on constructivist International Relations (IR) theory and “interactional” International Law (IL) theory, and employs a method of historical reconstruction and process tracing. I argue that, contrary to what realism might predict, international law helped define and shape each state’s possible course of action in the wars, and the justifications that could be made for their behaviour. More specifically, Canada and Britain’s involvement in the conflicts suggests that, when states use force, international law can play four broad roles: 1) it helps constitute the identities of the actors at issue; 2) it helps regulate the political and military practice of the actors at issue; 3) it permits and legitimates certain political and military practices that otherwise might not be permitted; and 4) it helps structure the process by which agents seek to develop and promote new legal rules and legitimate practice. However, I also contend that, contrary to what IL scholars might predict, the discourse and actions of Canadian and British leaders and officials during the Korean War and Afghanistan Conflict offer mixed support for the hypothesis that, when states use force, policy-makers understand international law as a binding and distinct set of legal rules, and the legal status of these rules impacts their decision-making. In sum, my findings suggest that international law can play important roles in world politics and the use of force by states, but it is unclear whether these effects are attributable to an obligatory quality in law.

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Abdul, Rahman Hilmi M. "Just war, peace and human rights under Islamic and international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/MQ37294.pdf.

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Wright, Crystal Renee Murray. "From the Hague to Nuremberg: International Law and War, 1898-1945." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc501222/.

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This thesis examines the body of international law drawn upon during the Nuremberg trials after World War II. The work analyzes the Hague Conventions, the Paris Peace Conference, and League of Nations decisions to support its conclusions. Contrary to the commonly held belief that the laws violated during World War II by the major war criminals were newly developed ideas, this thesis shows that the laws evolved over an extended period prior to the war. The work uses conference minutes, published government sources, the official journal of the League of Nations, and many memoirs to support the conclusions.

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Shortt, Michael. "Arms racing, coercion and war." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86735.

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This paper constructs a graphical and mathematical model of dyadic interstate security competition. It does so by integrating arms racing and war initiation in to a single rational choice framework. The model is constructed from rigorously-defined concepts and all assumptions are made explicit. Equilibrium values for security-based arms racing are derived under the model and compared to conquest-seeking arms races. Comparative static results are provided for several shocks to the basic system. The model is informally extended in to probabilistic war scenarios. Finally, a number of testable predictions generated by the model are presented.
Ce mémoire présente un modèle graphique et mathématique du conflit dyadique dans le domaine de la sécurité internationale. Le modèle permet d'interpréter la course aux armements et le déclenchement des guerres dans un cadre formel. Le modèle est construit a partir de concepts rigoureusement définies et nos postulats ont été présenté de manières explicites. Les valeurs d'équilibre pour une course aux armements voulant assurer la sécurité nationale sont prédits à partir du modèle et comparé aux valeurs produites pour une course aux armements avec des objectifs de conquête. Différents résultats d'analyse statique sont comparés pour différentes perturbations du modèle de base. Le modèle est étendu intuitivement pour présenter des scénarios probabilistes de guerre. Finalement, de nombreuses propositions réfutables sont dérivées du modèle.

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McLeod, Travers. "Rule of law in war : international law and United States counterinsurgency in Iraq and Afghanistan." Thesis, University of Oxford, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665298.

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While the merits of counterinsurgency ("COIN") as a strategy for fighting modem war remain hotly debated, the interaction of law with COIN has received less attention. This thesis tracks international law's role in the construction of modem United States ("U.S.") COIN doctrine and assesses how international law's doctrinal interaction has held up downrange in Iraq and Afghanistan. In doing so, it responds to empirical and causal voids that persist in debates about international law's function in world politics. I argue international law has played an important but underappreciated role in designing and prosecuting modem U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006 ("FM 3-24"). I suggest international law's influence can be understood, individually and collectively, through three pathways: in the ideational pull of the rule of law; in international law's capacity to demonstrate and articulate legitimacy; and in the mandatory consequences of international law's interaction with domestic law. The emerging claim is that the U.S. has approached legitimate warfare in increasingly legal terms, which has had implications for the use of force, detention operations, and the overall construction of the military campaigns in Iraq and Afghanistan. My research draws on FM 3-24's drafting history, interviews with its writing team, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.

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Candelaria, Jacob. "Europe, the United States, and the international criminal court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FCandelaria.pdf.

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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2003.
Thesis advisor(s): Daniel Moran, James Armstead. Includes bibliographical references (p. 59-62). Also available online.

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Davies, Sara Ellen. "Legitimising rejection : international refugee law in Southeast Asia /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19072.pdf.

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Östberg, Jenny. "Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian Law." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-5603.

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The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future.

The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.

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Miggiani, Mark Anthony. "War remnants : a case study in the progressive development of international law /." Genève : Institut universitaire de hautes études internationales, 1988. http://catalogue.bnf.fr/ark:/12148/cb36643222n.

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Elbakry, Mohamed Mokbel Mahmud. "The legality of 'war' in Al-Shari'a Al-Islamiya (the Islamic Law) and contemporary international law." Thesis, University of Glasgow, 1987. http://theses.gla.ac.uk/666/.

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This thesis is a comparative study in Al-Shari'a Al-Islamiya (The Islamic Law) and contemporary international law on the subject of the legality of `lq War. It must be pointed out at the outset that the term `lq War is not the precise term to apply to the subject of this thesis, and we often put this term between quotation marks. Other terms have been used in the United Nations Charter; and the meaning of Jihad in Al-Shari'a Al-Islamiya is not compatible with the term `lq war in international law. This thesis is divided into a Prologue, four Parts preceded by an Introductory Part and followed by an Epilogue. The Prologue deals with generalities relating to the topic presented as a necessary background for the Introductory Part. The Introductory Part entitled `lq Al-Shari'a Al-Islamiya And International Law is divided into Six Chapters. The main purpose of this Part is to explain the distinction between the principles of international law in Al-Shari'a Al-Islamiya and public international law, including the different sources and the basis of the obligatory nature of the two systems of law. Part I entitled `lq War and Legality aims to distinguish between certain conceptions in Al-Shari'a Al-Islamiya and public international law. It is divided into Five Chapters dealing with Jihad and legality in Al-Shari'a; and `lq War and legality in international law. Part II entitled `lq The Limitations Of The Legality Of War is divided into three Chapters. The First Chapters deals with the limitations of Jihad in Al-Shari'a Al-Islamiya, and explains, inter alia, the nature of relations between the Islamic State and non-Islamic States; and the legality of certain aspects of the use of force in Al-Shari'a. The Second Chapter deals with the limitations of the legality of `lq War in international law. In this Chapter, we traced the evolution of international law under the League of Nations and the United Nations, and the legality of certain aspects of the use of force in international law. The Third Chapter covers the study of the consequences of the unlawful use of force in Al-Shari'a Al-Islamiya and international law. Part III is entitled `lq The Legality Of `lq War Within The Framework Of Regional Organization. This Part is subdivided into Two Chapters. The First Chapter deals with Universalism and Regionalism in Al-Shari'a Al-Islamiya and international law. A new division of regional organizations is suggested in the Second Chapter to cope with the subject of this thesis. Thus, we divide regional organizations into three categories, regional organizations of Muslim Member States; regional Organizations of Muslim and non-Muslim Member States; and regional Organizations of non-Muslim Member States. Part IV entitled `lq The Judicial Approach To The Legality Of War is divided into Two Chapters. The First Chapter deals with the judicial approach to Muslim States. Thus, we studied the different projects to establish an Arab Court of Justice and an Islamic Court of Justice. In the Second Chapter, we studied the evolution in punishment of war crimes before the First World War, and after the First and Second World Wars. The Epilogue deals with the Conclusions of this comparative study.

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McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.

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Parrish, Olina. "Autonomous Lethality: Regime type, international law, and lethal autonomy in weapons." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/25466.

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Competition for military power and national security has long relied on technological prowess. Autonomous weapons systems are often seen as the next ‘logical’ step in modern weapons development. The use of lethal automated systems – with some autonomous decision-making – is already a reality. These autonomous weapons face opposition from civil society. There is widespread concern that they will bring about inhumane and unethical forms of combat conducted by robots with no accountability. The Law of Armed Conflict provides a framework for ethical conduct in conflict. However, these laws were written to apply to human entities. Its key concepts, such as the discrimination of target type, may not easily transfer to autonomous, non-human systems. Additionally, states may not abide by these laws when developing autonomous weapons. Accountability gaps and differences in legal interpretation give rise to the question of whether autonomous weapons can be used without consequence under international law. This project analyses past state behaviour to provide insight into states willingness to abide by the Law of Armed Conflict when developing autonomous weapons. I study two states with different regime types: The United States of America (democratic) and Russia (authoritarian). I find that international law has a different impact in these different political environments. Both realist and institutionalist perspectives on regime type find some support in the impact of international law on autonomous weapons. A state’s self interest in bending or disregarding international law to obtain military capabilities are well documented. However, the existence of democratic processes and laws suggests that international institutions can shape some state behaviour, at least in democracies. There may also be situations where it is advantageous to abide by international law. That I find past instances of both democratic and authoritarian regimes disregarding international law suggests that, for future development of autonomous weapons, we can expect these states to overlook international law again, despite their different regime types.

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Zamir, Singer Noam Ziso. "Classification of conflicts in cases of foreign intervention in civil wars." Thesis, University of Cambridge, 2014. https://www.repository.cam.ac.uk/handle/1810/283965.

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Edelman, Ross David. "Cyberattacks in international relations." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e1d71a7a-7680-4f97-b98d-a41a4b484fda.

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New methods of conflict and coercion can prompt tectonic shifts in the international system, reconfiguring power, institutions, and norms of state behavior. Cyberattacks, coercive acts that disrupt or destroy the digital infrastructure on which states increasingly rely, have the potential to be such a tool — but only if put into practice. This study examines which forces in the international system might restrain state use of cyberattacks, even when they are militarily advantageous. To do so I place this novel technology in the context of existing international regimes, employing an analogical approach that identifies the salient aspects of cyberattacks, and compares them to prior weapons and tactics that share those attributes. Specifically, this study considers three possible restraints on state behavior: rationalist deterrence, the jus ad bellum regime governing the resort to force, and incompatibility with the jus in bello canon of law defining just conduct in war. First, I demonstrate that cyberattacks frustrate conventional deterrence models, and invite, instead, a novel form of proto-competition I call ‘structural deterrence.’ Recognizing that states have not yet grounded their sweeping claims about the acceptability of cyberattacks in any formal analysis, I consider evidence from other prohibited uses of force or types of weaponry to defining whether cyberattacks are ‘legal’ in peacetime or ‘usable’ in wartime. Whereas previous studies of cyberattacks have focused primarily on policy guidance for a single state or limited analysis of the letter of international law, this study explicitly relates international law to state decision-making and precedent. It draws together previously disparate literature across strategic studies, international law, and diplomatic history to offer conclusions applicable beyond any single technology, and of increasing importance as states’ dependence on technology grows.

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Bickerstaffe, Emma-Louise McQuilkan. "The use of force in armed conflict and the inherent right of self-defence of state armed forces." Thesis, University of Cambridge, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709487.

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SOUZA, IGOR ABDALLA MEDINA DE. "DOM QUIXOTE MEETS SANCHO PANÇA: INTERNATIONAL RELATIONS AND INTERNATIONAL LAW BEFORE, DURING AND AFTER THE COLD WAR." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2005. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=7184@1.

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COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
Dom Quixote reencontra Sancho Pança realiza uma análise em perspectiva histórica da relação entre as disciplinas acadêmicas de Relações Internacionais e do Direito Internacional, com o intuito de estudar a reaproximação entre as mesmas após a Guerra Fria. A análise em perspectiva histórica destina-se a evitar que o debate interdisciplinar pós-Guerra Fria seja mero subproduto das concepções convencionalmente associadas à historiografia de Relações Internacionais, particularmente da divisão da literatura da disciplina entre realistas e idealistas. Nesse sentido, argumenta-se que, antes da reaproximação entre as disciplinas de Relações Internacionais e do Direito Internacional, observou-se um momento inicial de proximidade, que se estenderia desde a criação das duas disciplinas, no final do século XIX e início do século XX, até o colapso da Liga das Nações e a eclosão da Segunda Grande Guerra, seguido de um período de afastamento, após o término deste conflito e o início da Guerra Fria. O estudo do debate interdisciplinar pós-Guerra Fria que se segue à análise em perspectiva histórica é feito com base em três teorias construídas a partir da colaboração entre juristas internacionais e teóricos da política internacional: o institucionalismo, o liberalismo e o construtivismo. Argumenta-se que, devido às suas conexões com a Teoria Crítica, o construtivismo possibilita estudos interdisciplinares mais profundos e profícuos.
This dissertation deals with post-Cold War interdisciplinary debate between International Relations and International Law. Having considered that some conventional conceptions held in the field of International Relations are responsible for misunderstandings in respect with the relation of this discipline and International Law, we are first concerned with the historical perspective. Then, we focus post-Cold War interdisciplinary debate through the lenses of three distinct theories, Institutionalism, Liberalism and Constructivism. Finally, we argue that Constructivism is more able to develop a deeper cooperation between International Relations and International law. This is due to the connections between Constructivism and Critical Theory.

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Nortje, Windell. "The accountability of juveniles for crimes under international law." University of the Western Cape, 2016. http://hdl.handle.net/11394/5471.

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Doctor Legum - LLD
Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. The unfortunate sight of a child holding a gun has become a familiar picture throughout armed conflicts, especially in Africa. Both boys and girls are used as child soldiers and they can be as young as 5 years old. They are mainly regarded as victims of crimes under international law and are therefore usually rehabilitated once they have been disarmed and demobilised. Notwithstanding their need for rehabilitation, it is a fact that child soldiers commit some of the most egregious crimes under international law. They receive military-style training and are presumably not afraid of killing and carrying out orders. Yet it is recognised that generally they do not have the same level of maturity as adults. The reality of child soldiers who join armed forces therefore presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are individually responsible for committing crimes under international law. Consequently, various safeguards need to be upheld to ensure that the best interests of the child are maintained once a child soldier is held criminally responsible. This thesis analyses the extent to which child soldiers can be prosecuted under domestic and international law, as well as the implementation of alternative measures to prosecution. The thesis proposes that a case-by-case approach should be considered when child soldiers are prosecuted for crimes under international law, thereby investigating and analysing the often distinctive circumstances related to their crimes.
German Academic Exchange Service (DAAD)

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Martinson, Jeffrey D. "What makes leaders think war? Foreign military intervention decision making in post-cold war Germany." Columbus, Ohio : Ohio State University, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1133302429.

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32

Dshurina, Stella Borissova. "Has the state of war been made redundant by the UN Charter regime on the use of force?" Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12669.

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Includes bibliographical references.
Does war still exist according to international law? On the one hand, the answer is obviously in the affirmative - hostilities including the use of force between states do take place and rules of international law regulating them do exist. Less obvious, however, is whether a state of war as a condition creating legal consequences not only for the parties involved, but also for other states, is still legally relevant. While there have been many conflicts since 1945, few of them have been characterized as “war” and no declarations of war have been made. Hence, there is a tendency to avoid the term “war” on the ground that it is “arcane” and largely superseded by the term “international armed conflict”. Moreover, it has been claimed that a state of war is incompatible with the UN Charter and therefore can no longer exist under international law so that a qualification of a conflict as “war” as opposed to “armed conflict” would have no legal consequences. This dissertation will examine whether the concept of war is still relevant and necessary despite the introduction of the modern concept of international armed conflict. In the course of answering it, three further questions need to be posed. First, is it compatible with the UN Charter to continue to invoke the concept of “war”? Second, what are the consequences of recognizing a state of war as a contemporary legal concept? Finally, are there any norms in international law which are applicable in a state of war only?

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Vergerio, Claire. "Constructing the right to war : Alberico Gentili and his receptions in international law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:8c4d927c-3645-47d6-912b-89a7689a279f.

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This thesis explains the striking disparity between two narratives about Alberico Gentili, the early modern jurist widely identified as the founder of the classical laws of war. On the one hand, he is conventionally considered as a great humanizer of warfare, a man who tried to use the law to curtail the horrors of war. On the other hand, a few works have emerged suggesting that Gentili was in fact the first to introduce the concept of the enemy of mankind into international law, a concept generally used to justify ruthless forms of violence. In order to explain the tension between these narratives, the thesis investigates both what Gentili was seeking to achieve in his own epoch with his treatise on the laws of war, De iure belli, and how his work was subsequently received over time. Based on an original methodology for the study of great thinkers in International Relations and beyond, the thesis make the following two-fold argument. First, it argues that Gentili's famous treatise on the laws of war is the work of an absolutist who was attempting to elaborate and defend a controversial approach to war and its law. Gentili's pioneering use of the concept of the enemy of mankind must be understood as the cornerstone of this absolutist project, as part and parcel of a broader attempt to grant unprecedented rights to a small group of sovereigns. Second, it argues that the conventional narrative about Gentili as the father of the classical laws of war and as an avant-garde humanitarian only emerged in the late nineteenth century, turning the Italian jurist into a cipher for a particular view of international law and modernity and developing a myth about the importance of his work. This narrative would eventually be enshrined in Carl Schmitt's deeply influential The Nomos of the Earth, and it continues to shape the story of the development of international relations and international law to this day. In making this argument, the thesis challenges some conventional tenets of the history of international law and international relations, reveals a new facet of the disciplinary history of international law, and makes a broader claim about the need to examine debates about the ontology of war in historical perspective.

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Edwards, Jonathan P. "The Iraqi oil "weapon" in the 1991 Gulf War : an international law analysis." Thesis, Washington, DC : George Washington University /, 1992. http://handle.dtic.mil/100.2/ADA245257.

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Thesis (Master of Laws)--George Washington University, 1992.
"February 16, 1992." Description based on title screen as viewed on April 7, 2009. Includes bibliographical references. Also available in print.

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Koram, Kwadwo Nyadu. "The sacrificial international : the war on drugs and the imperial violence of law." Thesis, Birkbeck (University of London), 2018. http://bbktheses.da.ulcc.ac.uk/307/.

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The United Nations Single Convention on Narcotic Drugs, 1961 is presumed to be a testament to the progressive teleology of post-war liberal international law. In establishing the prohibition of the illegitimate trade of drugs as a global norm, this treaty serves as the legal grounding for what is popularly referred to as the War on Drugs. International drug prohibition offers a potent exemple of the humanitarian discourse taken to anchor the international legal order in the second half of the twentieth century. In practice, the failure of realising ‘A Drug Free World’ has been outright; international law’s declaration of a War on Drugs has produced little more than the same mass of casualties that all wars tend to produce. In an attempt to enforce the unenforceable, the drug war has visited social death (through mass imprisonment) and material death (through violent state enforcement) onto untold millions. Moreover, empirical studies reveal a sharp racial and geographical asymmetry in the violence that emerged through drug prohibition In this thesis, I will theoretically unpack the apparent contradiction between the humanitarian rhetoric of the international laws governing drug prohibition and the racialised violence of the War on Drugs in practice. Rejecting the orthodoxies that seek to decouple the violence of the war from the law itself, I read the drug war as a telling instantiation of a violence that is not only consistent with but also productive of the liberal international legal order. Through unpacking the discursive association that has been produced between drugs and racial others posited as the negation of idealised ‘human’ underlying liberal international law’s humanitarianism, this thesis will employ a critical study of the War on Drugs in order demonstrate how the operative coherence of twentieth-century liberal international law remained indebted to a violence that I have termed as ‘sacrificial.’

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Busuttil, James J. "Naval weapons systems and the contemporary law of war /." Oxford : Clarendon press, 1998. http://catalogue.bnf.fr/ark:/12148/cb37552708d.

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Boelaert-Suominen, Sonja Ann Jozef. "International environmental law and naval war : the effect of marine safety and pollution conventions during international armed conflict." Thesis, London School of Economics and Political Science (University of London), 1998. http://etheses.lse.ac.uk/2608/.

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The cornerstone of modern International Environmental Law is the prohibition of transfrontier pollution, according to which States have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States, or of areas beyond national jurisdiction. In addition, there is now a substantial body of international treaties laying down detailed regimes for various environmental sectors. Recent international conflicts have raised fundamental questions about the relationship between International Environmental Law and armed conflict. The notion that the rules of general International Environmental Law continue to apply during armed conflict is now well accepted. But the principles which are usually cited, remain at a very high level of abstraction. This thesis examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the thesis concentrates on the marine environment, examining the relationship between naval warfare on the one hand, and multilateral environmental treaties on marine safety and prevention of marine pollution on the other. It concludes that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded, or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, the analysis shows that, under international law, belligerent and neutral States have the legal right to suspend those treaties, wholly or partially. Finally, the author concludes that very few of the treaties considered take the new law of armed conflict into account, and that there remains a need for more detailed rules on environmental standards for military operations.

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Darge, Tobias. "Kriegsverbrechen im nationalen und internationalen Recht unter besonderer Berücksichtigung des Bestimmtheitsgrundsatzes = War crimes in national and international law." [Berlin Heidelberg] Springer, 2008. http://d-nb.info/999263633/04.

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Nuñez-Mietz, Fernando Gabriel. "Lawyering Compliance with International Law: Legal Advisors and the Legalization of International Politics." The Ohio State University, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559.

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40

Beauchamp, Sylvain. "Explosive remnants of war and the protection of human beings under public international law /." Geneva : Graduate Institute of International and Development Studies, 2008. http://aleph.unisg.ch/hsgscan/hm00243755.pdf.

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41

LaVilla, Oriana H. D. "Reconciliation and The Rule of Law: The Changing Role of International War Crimes Tribunals." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/439.

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This thesis explores the relationship between international war crimes tribunals and peacebuilding in post-conflict societies. The aim of the present study was to examine how the role and function of international tribunals has changed since the establishment of the Nuremberg tribunal in the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding processes in the aftermath of conflict. As the first international tribunal mandated to restore international peace and security, the International Criminal Tribunal for the former Yugoslavia (ICTY) set a new precedent for international tribunals. Beginning with its establishment, there appeared to be a new trend of using international judicial mechanisms to promote peace and reconciliation in the aftermath of conflict. One important element of change was the increased tendency of international tribunals to engage in public outreach and help build the capacity of national justice sector institutions. As the first international tribunal to succeed the Nuremberg and Tokyo tribunals and the first UN tribunal of its kind, the ICTY has shown the extent to which international tribunals facilitate societal reconciliation is, and will be, understood within the context of the legacies they leave behind. Institutions such as the ICTY will not be judged solely on the merits of the ideals on which they were established, but instead on their concrete successes in the domestic arena and their ability to fortify domestic judicial capacity.

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Fiddes, James. "Implementing post-Cold War Anglo-American military intervention : scrutinising the dynamics of legality and legitimacy." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=231671.

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Since the end of the Cold War, much has been written on the various overseas military adventures of Western powers, with significant focus being placed on the legality and legitimacy of these interventions. Despite the volume of work produced on the topic, this thesis argues that much of it has been framed incorrectly, allowing for a conflation of the concepts of legality and legitimacy to distract from the true source of international legitimacy and the true role of international law. Over this period of time, through a combination of selective application and lack of genuine understanding of its role, statutory international law has steadily lost traction and credibility. Through an analysis of a range of case studies from the post-Cold War era, this thesis argues that international legitimacy emanates not from the international legal order (as represented and overseen by the UN) but from consensus amongst kin countries. There are various potential avenues available to achieve consensus, but which is chosen depends on the circumstances of each individual case. National interest underpins state decision-making and, if significant enough, can, on its own, provide a route to consensus. Additionally, a shared national security concern - the pre-eminent catalyst for consensus during the Cold War - remains a powerful option. Furthermore, in the post-Cold War world, a new, norms-based justification, often classified as “humanitarian intervention” has also developed. Demonstrating compliance with international law can, depending on circumstances, be potentially available to strengthen the case for consensus but is not necessarily always an appropriate or productive choice and plays a secondary role to other, more powerful considerations. By focusing on key case studies it is possible to identify trends in approach to the use of international law and identify the nature of the role it plays in international power politics. Through close analysis of a wide variety of primary and secondary sources, it is possible to identify key drivers for decision-makers and detect the impact of past experience on the use of international law in the quest for legitimacy ahead of launching military action. The trends in approach and in relations between close Western allies (in particular the UK and US) have been identified from the Gulf War in 1990 through to the ongoing crisis engulfing Syria, and potentially hold valuable lessons for future strategic decision-making.

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Hoversten, Michael R. "The law governing aerospace warfare in the twenty-first century /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33360.

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The world is in the midst of a revolution in the conduct of military operations wherein modern military aerospace information systems, weapons and their associated weapon systems are changing the conduct of warfare. Aerospace power has become the dominant, if not decisive, factor in modern warfare. Yet, there are currently no treaties dealing specifically with the law of armed conflict in the air and space environments. Chapter I describes the evolution to date of the law governing aerospace warfare. Chapter II analyzes the relevance of military interventions in Iraq and Yugoslavia (Bosnia; Kosovo) to the law of air and space warfare. Chapter III discusses the impact of "humanitarian intervention" on the law of aerospace warfare. Chapters IV and V explore the role and effect of earth-based and space-based military assets respectively. This thesis concludes that although the existing law of armed conflict is capable of evolving to cope with the legal issues posed by aerospace warfare in the twenty-first century, the conclusion of multilateral agreements to deal with some of those issues is advisable.

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44

Sadikot, Minaz. "International Law : The Issue of Rape." Thesis, Jönköping University, JIBS, Political Science, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12008.

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Varför har FN inte kunnat erkänna våldtäkt som ett krigsbrott?

Denna studie har ägnats åt att upplysa användning av våldtäkt och andra former utav sexuella övergrepp under krig och dess konsekvenser för utsatta kvinnor. Studien har tillämpat en kvalitativ och litterär metod. Den största delen av materialet har tagits ur diverse artiklar, dokument och tidsskrifer. Uppsatsen upplyser kvinnors rättigheter inom den internationella arenan och studien ifrågasätter varför Förenta Nationerna (FN) har dröjt (ca.50 år) med att identifiera våldtäkt som ett krigsbrott inom internationall lagstiftning.

Första delen av uppsatsen kommer att presentera de underliggande teorierna som preciserar konceptet sexuellt övergrepp och mer djupgående, också förklara anledningar bakom anvädning av våldtäkt, därav begränsa dess anvädning inom krigsförhållanden.

Andra delen av uppsatsen sätter fokus på termen våldtäkt och dess utveckling inom den juridiska ramen. Den behandlar folkrätt, och framhäver även orsaker till FN’s svaghet och svårighet att kunna erkänna, inte bara våldtäkt som ett krigsbrott, utan också andra frågor som är problematiska för FN att kunna hantera. Eftersom begreppet ’våldtäkt’ är relativt brett, faller det både under kvinnors rättigheter och i sin tur under mänskliga rättigheter. Av denna anledning kommer uppsatsen att ta upp de möjliga anledningar om varför det har dröjt för FN, men också dess svårighter, att kunna erkänna anvädning av våldtäkt som ett vapen inom krig.

Tredje delen av uppsatsen tar upp några av de möjliga problem som är ohanterliga för FN, bland annat kulturella skillnader och individuella åsikter mellan medlems staterna, vilket medför brist på konsensus. Uppsatsen ifrågasätter även om kvinnors rättigheter är del av mänskilga rättigheter. Utöver det kommer även uppsatsen resonera kring FN’s dilemma att kunna särskilja sin roll som ett mellanstatligt och transnationellt organ. Och sist men inte minst kommer suveräniteten, som varje stat har rätten till att erhålla, att diskuteras. Denna punkt kommer att klargöra den oenighet som förekommer mellan medlems staterna, vilket ännu än gång har resulterat i det dröjsmål som uppstått i att kunna indentifiera våldtäkt som ett krigsbrott.

Why haven’t the UN been able to recognise rape as a weapon of war?

The thesis enlightens the usage of rape in war and the consequences this has brought on women who have been subjected to rape. The bulk of the information is taken from various articles, documents and journals and the method used is of a qualitative nature. The thesis sheds light upon women’s rights in the international arena and questions why it took so long (almost 50 years) for the United Nations (UN) in addressing rape as a war crime within international law.

The first part of the thesis will present various theories that elucidate the word sexual violence and more accurately ‘rape’ in the context of war. The second part generates the judicial part that will depict the difficulty for the international community to address rape as a war crime within international law.

Furthermore the thesis takes the approach in presenting obstacles faced by the UN, within the framework of human rights, to handle delicate issues such as rape and sexual violence. Since rape is, to a large extent, complicated and a broad concept, and since it falls under the category of women’s rights and under human rights, the thesis will explain reasons behind the dawdling and the hurdles faced by the UN in accepting rape under the category of war crime.

The third part of the thesis will present possible predicaments that are unmanageable for the UN. Some possible issues that the thesis has touched upon, is cultural diversity and differing opinions among the member states which has resulted in lack of consensus. Furthermore, the study will present the notion of women’s rights, and question if they are part of human rights. The thesis will also discuss the dual role of the UN and its struggle for the past decade to uphold its role both as an intergovernmental as well as a transnational body. Lastly the thesis will enlighten sovereignty that each state must enjoy. Sovereignty has resulted in lack of agreement among the member states which again has caused delay in recognising rape as a war crime.

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45

Jones, Edmund Eric. "The effect of international law and international institutions on the place of war in society in the 20th century." Thesis, Open University, 1990. http://oro.open.ac.uk/57308/.

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Competing claims for primacy by national and international interests traditionally accommodated a sovereign national right to use force in international disputes. At the same time binding international law was being developed to limit wars and mitigate their excesses. The two World Wars emphasized a need to curtail unfettered national sovereignty and increase co-operation between States. The creation of an international regulatory institution open to all States, designed to foster a climate in which peaceful resolution of international disputes was the norm would, it was hoped, eliminate a place for war in Society, Accordingly, the unsuccessful League of Nations (1919), superseded by the' United Nations Organisation (1945), were created. Since 1945 the number of independent States in membership of the United Nations has multiplied but the organization has been dominated by two blocs formed on two nuclear powers with opposed ideologies. The effect of developing technology, and lack of consensus in both General Assembly and Security Council has been that wars have continued, weapons have become more powerful and more readily available, and States continue to put their national interests before the interests of the global society the organization was designed to protect. Technology continues to ensure a danger of nuclear war, and States continue to feel it essential to arm for defence and deterrence. With these contemporary influences in mind this thesis considers: (a) the International Laws of War and their application to International Law and Order, (b) arguments which sought to justify or abolish wars, and (c) means extant and proposed to define and confine the legal limits of war, and conduct in war, through humanitarian law, arms control and disarmament, with a view to concluding whether international law and international institutions have affected the place of war in society in the XXth Century.

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46

Jacques, Johanna. "From nomos to Hegung : war captivity and international order." Thesis, London School of Economics and Political Science (University of London), 2013. http://etheses.lse.ac.uk/817/.

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In World War II, millions of men found themselves at one time or another in war captivity. Their daily lives in captivity have been documented in memoirs and historical studies, but despite the abundance of detail, the experience of war captivity as an experience of exclusion remains in-theorised. Western POWs held by Germany in particular were excluded not only from further involvement in direct combat, but also from the states of exception associated with the foreign slave labour and the racial persecutions particular to Germany at the time. While all around them people were killed for a number of reasons, their lives were protected – and in the case of Jewish soldiers extraordinarily so – for no other reason than to keep them alive. The first part of the thesis uses Carl Schmitt’s work on sovereignty and nomos to situate the POW camp within the framework of an international order where war is bracketed – gehegt. This order reveals itself as an order of war, in which law takes the role of the sovereign in guaranteeing the order. The second part then turns to the exception to this order, the POW camp, analysing its juridicopolitical situation on the example of Jewish POWs from Western forces held by Germany in the Second World War. The third part of the thesis looks at the wartime experiences of Emmanuel Levinas, who spent five years as a POW in Germany. The struggle Levinas’s work exhibits with the experience of captivity exemplifies this experience’s ultimate meaninglessness, and raises questions about the possibility of subjectivity without engagement.

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47

Wager, James B. "Towards the attenuation of hardship : is there room for combatant immunity in internal armed conflicts? /." (Requires Adobe Acrobat Reader), 2000. http://stinet.dtic.mil/str/tr4%5Ffields.html.

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Katsh, Gabriel Akiva. "“A Right of First Importance”: Habeas Corpus During the War on Terror." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:17467384.

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The U.S. Supreme Court’s behavior during the War on Terror represents a stark contrast from how the Court has previously viewed its responsibilities during wartime, especially as they relate to the treatment of noncitizens detained abroad. The Court has traditionally avoided questioning presidential policies on the capture and detention of suspected enemies during times of conflict. It has used its control over its own docket to refuse review of lower-court decisions dismissing challenges to foreign-policy decisions based on dubious claims of their involving “political questions” or being outside the domain of judicial authority. And, until the War on Terror, it drew a bright-line rule that seemed to categorically exclude noncitizens detained abroad from constitutional protection. However, in a series of cases from 2004 to 2008, the Court reversed its World War II–era doctrines that had permitted the federal government extensive discretion in its treatment of detainees captured during times of hostilities. The culmination of these decisions was its 2008 holding that foreign nationals detained at Guantanamo Bay have a constitutional right to habeas corpus hearings to challenge their detentions. This dissertation provides a normative defense of the Court’s decision-making process in its War on Terror habeas corpus cases. It reconstructs and analyzes the Court’s central arguments and shows the ethical significance of its assertion of an important judicial role in overseeing executive detention during wartime. In the process, it also provides an explanation and defense of the Court’s decision to stray from its World War II–era doctrines limiting the reach of the writ of habeas corpus and, by extension, of the Court’s ability to step in and defend the rights of foreign nationals abroad.
Government

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49

Heaton, John Ricou. "Civilians at war reexamining the status of civilians accompanying the armed forces /." View thesis, 2004. http://handle.dtic.mil/100.2/ADA425026.

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Thesis (LL. M.)--George Washington University, 2004.
Title from title screen (viewed Sept. 9, 2005). "May 23, 2004." "ADA425026"--URL. Includes bibliographical references. Also issued in paper format.

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50

Chappell, Jonathan Carl. "Foreign intervention in China : empires and international law in the Taiping Civil War, 1853-64." Thesis, University of Bristol, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701971.

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This thesis argl:les that the foreign interventions in the Taiping civil war were a key turning point in. nineteenth century Sino-foreign relations. The interventions shaped foreign ideas about the application of international law to China. When the prospect of intervention was raised foreign observers and foreign officials discussed how such involvement was justified under 'the law of nations'. The direct collaboration between the Qing and foreign states in suppressing the Taiping, however, led to a change in foreign perceptions about China's place in the state system. Noting what they perceived to be deficiencies in Qing statecraft, foreign observers began to suggest that Qing China was outside of the international system comprised of 'civilised' states. As a result, they suggested that international law was not applicable in China. This revises our understanding of the development of international law in the nineteenth century by suggesting that it was structured as much at sites of empire by foreign officials and communities as it was in the work of European . jurists. Secondly, the thesis takes the Taiping interventions as a case study for exploring the 'negotiation of sovereignty' in China. Sovereignty in China was fractured by the foreign right to extraterritoriality, or exemption from Qing law. The various foreign interventions against the Taiping, including the interventions of British and French state armies and foreign mercenaries, as well as foreign projects to transfer technology to China, raised questions about the extent of foreign sovereignty within the Qing empire. For example, were foreign mercenaries in the service of the Qing still foreign subjects and hence exempt from Qing law? In order for the Qing and foreign agents and states to collaborate in suppressing the Taiping the limits of foreign sovereignty had to be negotiated and these disputes had to be resolved.

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Dissertations / Theses on the topic 'War (International law)'

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