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Legal Accountability and Britain's Wars 2000-2015 [Kõva köide]

  • Formaat: Hardback, 310 pages, kõrgus x laius: 234x156 mm, kaal: 544 g
  • Sari: Routledge Research in International Law
  • Ilmumisaeg: 24-May-2016
  • Kirjastus: Routledge
  • ISBN-10: 1138846244
  • ISBN-13: 9781138846241
Teised raamatud teemal:
Legal Accountability and Britain's Wars 2000-2015Suurem pilt
  • Formaat: Hardback, 310 pages, kõrgus x laius: 234x156 mm, kaal: 544 g
  • Sari: Routledge Research in International Law
  • Ilmumisaeg: 24-May-2016
  • Kirjastus: Routledge
  • ISBN-10: 1138846244
  • ISBN-13: 9781138846241
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781138846241.html
Märksõnad:
This book discusses the manner in which Britains wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability.

During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that the Armed Forces are under legal siege. The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities.

This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Table of cases
xv
Table of statutes and treaties
xxiv
List of abbreviations
xxxi
Foreword xxxiii
Gordon Risius
Preface xxxiv
1 Introduction
1(25)
i The wars, 2000--2015
2(2)
ii The link with terrorism
4(3)
iii Judicialisation of armed conflict
7(2)
iv Legal accountability
9(10)
v Importance of the law as a factor in the willingness to fight
19(1)
vi The role of law in a practical world
19(1)
vii Some comments on terminology
20(6)
2 The United Nations and NATO
26(26)
i Prohibition on the use of force
26(5)
ii Aggression
31(1)
iii Self-defence
31(3)
iv Authorisation of the UN Security Council
34(1)
v Humanitarian intervention
34(4)
vi Responsibility to protect
38(2)
vii Economic sanctions
40(3)
viii NATO
43(1)
ix Co-operation with France and other EU states
44(1)
x Recognition of non-state actors
44(5)
xi End of conflicts
49(3)
3 The armed forces and government ministers
52(14)
i The constitutional background to the British armed forces
52(4)
ii The chief of the defence staff
56(2)
iii Members of the armed forces
58(2)
iv The armed forces covenant
60(1)
v Command of the armed forces and the role of government ministers
61(2)
vi Legal advice
63(1)
vii Equipment
64(2)
4 The role of Parliament in armed conflict decisions
66(35)
i The Iraq vote in 2003
66(5)
ii The Libya vote in 2011
71(1)
iii The Syria vote in 2013
72(1)
iv The Iraq vote in 2014
73(5)
v The vote on air strikes in Syria, 2015
78(1)
vi Other military engagements since 2000
79(3)
vii How significant is the need for a legal justification for armed conflict?
82(2)
viii Accountability of Members of Parliament
84(4)
ix The role of the Attorney General
88(6)
x Do the reasons given in Parliament for engaging in an armed conflict match the legal justifications given by the Attorney General or the Prime Minister?
94(1)
xi Importance to the British armed forces of a vote in Parliament
94(1)
xii Reform of the constitutional arrangements
95(4)
xiii Judicial review of a decision to go to war made by the House of Commons
99(2)
5 The relationship between the English courts and the government
101(22)
i English firms of solicitors acting for Iraqi or Afghan civilians
102(1)
ii The courts, foreign policy, the act of state doctrine and other instances of judicial restraint
103(9)
iii Combat immunity
112(1)
iv Crown immunity
113(1)
v Public interest immunity certificates
114(1)
vi Undertakings to protect against self-incrimination
115(1)
vii International law in English courts
116(1)
viii The role of the coroner
116(4)
ix Immigration tribunals and former members of, or those who have had links with, insurgent groups
120(3)
6 The United Kingdom's obligations under international humanitarian law
123(29)
i The relationship between international humanitarian law and human rights law
123(2)
ii The nature of international humanitarian law
125(1)
iii The principal treaties relevant to Britain's wars from 2000
126(2)
iv Customary international humanitarian law
128(1)
v Armed conflict
129(2)
vi Occupation of territory
131(3)
vii Who is a combatant?
134(4)
viii The role of the International Committee of the Red Cross/Red Crescent
138(3)
ix International humanitarian law as part of English law
141(2)
x War crimes, the International Criminal Court and the court-martial
143(9)
7 The influence of human rights law on the UK armed forces
152(30)
i The extra-territorial application of the ECHR
155(8)
ii Attribution to the UN, another international organisation, or to another state
163(2)
iii Independent investigations
165(3)
iv Detention abroad and the ECHR
168(3)
v Derogation from Article 5 ECHR
171(2)
vi Coalition forces
173(1)
vii Human rights of British soldiers
173(6)
viii The ECHR and service justice systems
179(1)
ix Obligation on the UK to ensure compliance by other states and non-state actors
180(2)
8 The individual British serviceman or woman
182(23)
i The principle of personal accountability of the serviceman or woman
182(1)
ii Training in the law of armed conflict: Preventing legal uncertainty
183(4)
iii `Don't want to fight in this war'
187(2)
iv Rules of engagement
189(5)
v Service law and discipline
194(2)
vi Do British soldiers have to obey international law?
196(1)
vii Doctors, lawyers, chaplains and police officers
197(3)
viii Service morale
200(2)
ix Combat stress
202(1)
x Veterans in prison
203(2)
9 The conduct of British military operations
205(33)
i Introduction
205(1)
ii Intelligence gathering
206(1)
iii Targeting
207(9)
(a) Civilians taking a direct part in hostilities
207(4)
(b) Targeting property
211(5)
iv Drones
216(6)
v Detaining foreign nationals
222(6)
vi The transfer of detainees
228(2)
vii The treatment of detainees by UK armed forces
230(6)
viii No-fly zones
236(1)
ix Naval operations
237(1)
10 Conclusion
238(23)
i Which body of law applies?
238(2)
ii Counter-insurgency
240(3)
iii Did the law hinder UK armed forces during the various armed conflicts?
243(7)
iv The role of the House of Commons
250(1)
v The problem with intelligence
251(1)
vi Who was in charge, the chiefs or ministers?
252(2)
vii Legal advice
254(1)
viii The need for recognition of the increased importance of the law in Britain's wars 2000--2015
255(1)
ix Has there been legal accountability?
256(5)
Select bibliography 261(9)
Index 270
Professor Emeritus Peter Rowe retired from the University of Lancaster Law School in 2014. He has been chairman of the UK Group of the International Society for Military law and the Laws of War.