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The Threat of Force in International Law

Author : Nikolas Stürchler
Publisher : Cambridge University Press
Page : 23 pages
File Size : 45,10 MB
Release : 2007-07-19
Category : Law
ISBN : 1139464914

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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Threats of Force

Author : Francis Grimal
Publisher : Routledge
Page : 242 pages
File Size : 50,99 MB
Release : 2013
Category : Law
ISBN : 0415609852

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Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.

Force of Words

Author : Joseph Brown
Publisher : Columbia University Press
Page : 197 pages
File Size : 21,5 MB
Release : 2020-08-25
Category : Political Science
ISBN : 0231550456

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Terrorist groups attain notoriety through acts of violence, but threats of future violence are just as important in attaining their political goals. Force of Words is a groundbreaking examination of the role of threats in terrorist strategies. Joseph M. Brown shows how terrorists use threats, true and false, to achieve key outcomes such as social control, economic attrition, and policy concessions. Brown demonstrates that threats are integral to terrorism on a tactical level as well, distracting security forces, drawing police into traps, and warning civilians out of harm’s way when terrorists seek to limit casualties. Force of Words reorients the field of terrorism studies, prioritizing the symbolic, psychological dimension that makes this form of conflict distinctive. It expands the study of terrorist propaganda by detailing how militants tailor their threats to send the desired political message. Drawing on rich interview data, quantitative evidence, and case studies of the IRA, ETA, the Tamil Tigers, Shining Path, the Túpac Amaru Revolutionary Movement, Boko Haram, the Afghan Taliban, and ISIL, the book offers practical guidance for interpreting terrorists’ threats and assessing their credibility. Force of Words is essential reading for anyone seeking to understand the logic of terrorism.

Threats of Force and International Law

Author : Agata Kleczkowska
Publisher : Taylor & Francis
Page : 187 pages
File Size : 50,31 MB
Release : 2023-06-23
Category : Law
ISBN : 1000898458

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Threats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations.

The Prohibition of Threats of Force

Author : Nicholas Tsagourias
Publisher :
Page : 0 pages
File Size : 49,9 MB
Release : 2012
Category :
ISBN :

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This chapter examines the meaning and scope of the prohibition of the threat of force by looking into relevant case law and international practice before assessing the legal authority of the rule. It demonstrates that there are many other parameters than law within which threats of force operate, and in which legal and political attitudes towards them are formed. It further contends that law cannot just extinguish or outright condemn threats of force or even the eventual use of force, because often it is just those threats and uses of force that, in the end, uphold the law.

Recourse to Force

Author : Thomas M. Franck
Publisher : Cambridge University Press
Page : 219 pages
File Size : 13,34 MB
Release : 2002-10-24
Category : Law
ISBN : 1139434950

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The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

Cyber Operations and International Law

Author : François Delerue
Publisher : Cambridge University Press
Page : 545 pages
File Size : 11,73 MB
Release : 2020-03-19
Category : Law
ISBN : 1108490271

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This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

Between Threats and War

Author : Micah Zenko
Publisher : Stanford University Press
Page : 241 pages
File Size : 11,85 MB
Release : 2010-08-03
Category : Political Science
ISBN : 0804771901

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In Between Threats and War: U.S. Discrete Military Operations in the Post-Cold War World, author Micah Zenko presents a new concept to capture and illuminate the phenomenon: "Discrete Military Operations."

Mobilizing Force

Author : David Kuehn
Publisher : Lynne Rienner Publishers
Page : pages
File Size : 42,35 MB
Release : 2021
Category : Civil-military relations
ISBN : 9781626379435

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"Considering a wide range of democratic states, explores the interrelationships among perceived security threats, the militarization of security policy, and democratic accountability"--

Threats

Author : David P. Barash
Publisher : Oxford University Press
Page : 224 pages
File Size : 12,52 MB
Release : 2020-09-01
Category : Science
ISBN : 0190055308

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"It's a rare author who can combine literary erudition and an easy fluency of style together with expert knowledge of psychology and evolutionary biology. David Barash adds to all this a far-seeing wisdom and a humane decency that shines through on every page. The concluding section on the senseless and dangerous futility of nuclear deterrence theory is an irrefutable tour de force which should be read by every politician and senior military officer. If only!" -- Richard Dawkins From hurricanes and avalanches to diseases and car crashes, threats are everywhere. Beyond objective threats like these, there are also subjective ones: situations in which individuals threaten each other or feel threatened by society. Animals, too, make substantial use of threats. Evolution manipulates threats like these in surprising ways, leading us to question the ethics of honest versus dishonest communication. Rarely acknowledged--and yet crucially important--is the fact that humans, animals, and even plants don't only employ threats, they often respond with counter-threats that ultimately make things worse. By exploring the dynamic of threat and counter-threat, this book expands on many fraught human situations, including the fear of death, of strangers, and of "the other." Each of these leads to unique challenges, such as the specter of eternal damnation, the murderous culture of guns and capital punishment, and the emergence of right-wing nationalist populism. Most worrisome is the illusory security of deterrence, the idea that we can use the threat of nuclear war to prevent nuclear war! Threats are so widespread that we often don't realize how deeply they are ingrained in our minds or how profoundly and counter-productively they operate. Animals, humans, societies, and even countries internalize threats, behind which lie a myriad of intriguing questions: How do we know when to take a threat seriously? When do threats make things worse? Can they make things better? What can we do to use them wisely rather than destructively? In a comprehensive exploration into questions like these, noted scientist David P. Barash explains some of the most important characteristics of life as we know it.