The Politics of Justifying Force

The Politics of Justifying Force

Author: Charlotte Peevers

Publisher: OUP Oxford

Published: 2013-11-07

Total Pages: 320

ISBN-13: 0191510548

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What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of 'the international' and 'the domestic' in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the 'politics of justification', which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It provides a rich, detailed account of domestic British discourse in the crucial case studies of the Suez Crisis of 1956 and the Iraq War of 2003, making extensive use of archival material, newspaper and television reporting, Parliamentary debates, polling data, personal memoirs, and the declassified material provided to several Public Inquiries, including the Chilcot Inquiry. In light of these sources, it considers the concept of international law as a language and form of communication rather than a set of abstract norms. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics. This book will be illuminating reading for scholars and students the use of force in international law, historians, and media theorists.


Book Synopsis The Politics of Justifying Force by : Charlotte Peevers

Download or read book The Politics of Justifying Force written by Charlotte Peevers and published by OUP Oxford. This book was released on 2013-11-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of 'the international' and 'the domestic' in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the 'politics of justification', which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It provides a rich, detailed account of domestic British discourse in the crucial case studies of the Suez Crisis of 1956 and the Iraq War of 2003, making extensive use of archival material, newspaper and television reporting, Parliamentary debates, polling data, personal memoirs, and the declassified material provided to several Public Inquiries, including the Chilcot Inquiry. In light of these sources, it considers the concept of international law as a language and form of communication rather than a set of abstract norms. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics. This book will be illuminating reading for scholars and students the use of force in international law, historians, and media theorists.

Defending Humanity

Defending Humanity

Author: George P. Fletcher

Publisher: Oxford University Press

Published: 2013-02-01

Total Pages: 286

ISBN-13: 0198040350

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In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.


Book Synopsis Defending Humanity by : George P. Fletcher

Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

The Justification of War and International Order

The Justification of War and International Order

Author: Lothar Brock

Publisher: Oxford University Press

Published: 2021-02-11

Total Pages: 560

ISBN-13: 0192634631

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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.


Book Synopsis The Justification of War and International Order by : Lothar Brock

Download or read book The Justification of War and International Order written by Lothar Brock and published by Oxford University Press. This book was released on 2021-02-11 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

Justifying Force

Justifying Force

Author: Charlotte Emma Peevers

Publisher:

Published: 2010

Total Pages: 0

ISBN-13:

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Book Synopsis Justifying Force by : Charlotte Emma Peevers

Download or read book Justifying Force written by Charlotte Emma Peevers and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Justifying Force

The Politics of Justifying Force

Author: Charlotte Peevers

Publisher: Oxford University Press

Published: 2013-11

Total Pages: 289

ISBN-13: 0199686955

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The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.


Book Synopsis The Politics of Justifying Force by : Charlotte Peevers

Download or read book The Politics of Justifying Force written by Charlotte Peevers and published by Oxford University Press. This book was released on 2013-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.

Roots of War

Roots of War

Author: David G. Winter

Publisher: Oxford University Press

Published: 2018

Total Pages: 441

ISBN-13: 0199355584

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"Roots of War presents systematic archival, experimental, and survey research on three psychological factors leading to war--desire for power, exaggerated perception of threat, and justification for force -- set in comparative historical accounts of the unexpected 1914 escalation to world war and the peacefully - resolved 1962 Cuban Missile Crisis."--Provided by publisher.


Book Synopsis Roots of War by : David G. Winter

Download or read book Roots of War written by David G. Winter and published by Oxford University Press. This book was released on 2018 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Roots of War presents systematic archival, experimental, and survey research on three psychological factors leading to war--desire for power, exaggerated perception of threat, and justification for force -- set in comparative historical accounts of the unexpected 1914 escalation to world war and the peacefully - resolved 1962 Cuban Missile Crisis."--Provided by publisher.

Roots of War

Roots of War

Author: David G. Winter

Publisher: Oxford University Press

Published: 2017-09-01

Total Pages: 441

ISBN-13: 0199355762

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Ever since Thucydides pondered reasons for the outbreak of the Peloponnesian War, writers, philosophers, and social scientists have tried to identify factors that promote conflict escalation: for example, history (tomorrow's wars are often rooted in yesterday's conflicts), changing balance of power among nations, or domestic political forces. In the end, however, these "causes" are constructed by human beings and involve the memories, emotions, and motives of both the leaders and the led. In July 1914, the long-standing peace of Europe was shattered when the Sarajevo assassinations quickly escalated to World War I. In contrast, at the height of the Cold War, the Cuban Missile Crisis could have easily plunged the world into a thermonuclear world war, but was ultimately peacefully resolved. Why the different outcomes? In Roots of War: Wanting Power, Seeing Threat, Justifying Force, David G. Winter identifies three psychological factors that contributed to the differences in these historical outcomes: the desire for power, exaggerated perception of the opponent's threat, and justification for using military force. Several lines of research establish how these factors lead to escalation and war: comparative archival studies of "war" and "peace" crises, laboratory experiments on threat perception, and surveys of factors leading people to believe that a particular war is "just." The research findings in Roots of War also demonstrate the importance of power in preserving peace through diplomatic interventions, past and present.


Book Synopsis Roots of War by : David G. Winter

Download or read book Roots of War written by David G. Winter and published by Oxford University Press. This book was released on 2017-09-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since Thucydides pondered reasons for the outbreak of the Peloponnesian War, writers, philosophers, and social scientists have tried to identify factors that promote conflict escalation: for example, history (tomorrow's wars are often rooted in yesterday's conflicts), changing balance of power among nations, or domestic political forces. In the end, however, these "causes" are constructed by human beings and involve the memories, emotions, and motives of both the leaders and the led. In July 1914, the long-standing peace of Europe was shattered when the Sarajevo assassinations quickly escalated to World War I. In contrast, at the height of the Cold War, the Cuban Missile Crisis could have easily plunged the world into a thermonuclear world war, but was ultimately peacefully resolved. Why the different outcomes? In Roots of War: Wanting Power, Seeing Threat, Justifying Force, David G. Winter identifies three psychological factors that contributed to the differences in these historical outcomes: the desire for power, exaggerated perception of the opponent's threat, and justification for using military force. Several lines of research establish how these factors lead to escalation and war: comparative archival studies of "war" and "peace" crises, laboratory experiments on threat perception, and surveys of factors leading people to believe that a particular war is "just." The research findings in Roots of War also demonstrate the importance of power in preserving peace through diplomatic interventions, past and present.

The Oxford Handbook of the Use of Force in International Law

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher:

Published: 2015

Total Pages: 1377

ISBN-13: 0199673047

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This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.


Book Synopsis The Oxford Handbook of the Use of Force in International Law by : Marc Weller

Download or read book The Oxford Handbook of the Use of Force in International Law written by Marc Weller and published by . This book was released on 2015 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

International Law and New Wars

International Law and New Wars

Author: Christine Chinkin

Publisher: Cambridge University Press

Published: 2017-04-27

Total Pages: 611

ISBN-13: 1107171210

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Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.


Book Synopsis International Law and New Wars by : Christine Chinkin

Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Emergencies in Public Law

Emergencies in Public Law

Author: Karin Loevy

Publisher: Cambridge University Press

Published: 2016-03-11

Total Pages: 323

ISBN-13: 1316592138

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Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.


Book Synopsis Emergencies in Public Law by : Karin Loevy

Download or read book Emergencies in Public Law written by Karin Loevy and published by Cambridge University Press. This book was released on 2016-03-11 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.