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Defending Humanity: When Force Is Justified and Why : when force is justified and why
Bok av George P. Fletcher
In Defending Humanity, internationally acclaimed legal scholars George P. Fletcher and Jens David Ohlin 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 new 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 applyand to the difficult dilemma of declaring such interventions illegal or ignoring the U.N. Charter altogether.
Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the U.N. 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 forcenot just to protect themselves against an imminent attack but also to defend other national groups.
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Defending Humanity : When Force is Justified and WhyEngelska - E-bok
ISBN: 9780199927050
ISBN: 9780199927050
Defending Humanity : When Force is Justified and WhyEngelska - E-bok
ISBN: 9780198040354
ISBN: 9780198040354
Defending HumanityEngelska - Pocket
ISBN: 9780199757213
ISBN: 9780199757213
Defending HumanityEngelska - Inbunden
ISBN: 9780195183085
ISBN: 9780195183085
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Defending Humanity : When Force is Justified and Why
387 kr
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Defending Humanity : When force is justified and why
400 kr
Finns i lager