This is an open access title available under the terms of a CC
BY-NC-ND 4.0 International license. It is offered as a free PDF
download from OUP and selected open access locations. How relevant is
the concept of war today? This book examines how notions about war
continue to influence how we conceive rights and obligations in
national and international law. It also considers the role
international law plays in limiting what is forbidden and legitimated
in times of war or armed conflict. The book highlights how, even
though war has been outlawed and should be finished as an institution,
states nevertheless continue to claim that they can wage necessary
wars of self-defence, engage in lawful killings in war, imprison
law-of-war detainees, and attack objects which are said to be part of
a war-sustaining economy. The book includes an overall account of the
contemporary laws of war and delves into whether states should be able
to continue to claim so-called 'belligerent rights' over their enemies
and those accused of breaching expectations of neutrality. A central
claim in the book is as follows: while there is general agreement that
war has been abolished as a legal institution for settling disputes,
the time has come to admit that the belligerent rights that once
accompanied states at war are no longer available. The conclusion is
that claiming to be in a war or an armed conflict does not grant
anyone a licence to kill people, destroy things, and acquire other
people's property or territory.
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Produktdetaljer
ISBN
9780192538444
Publisert
2021
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter