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Imminent Threat
Hugo Grotius, the 17th century jurist and father of public international law, stated in his 1625 magnum opus ''The Law of War and Peace'' that "Most Men assign three Just Causes of War, Defence, the Recovery of what's our own, and Punishment." Overview Chapter VII of the United Nations Charter Article 51 of the UN Charter states the following: ''Article 51: Nothing in the present Charter shall impair the inherent right of collective or individual self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by members in exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright. A teenage intellectual prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the intra-Calvinist disputes of the Dutch Republic, but escaped hidden in a chest of books that was transported to Gorinchem. Grotius wrote most of his major works in exile in France. Hugo Grotius was a major figure in the fields of philosophy, political theory and law during the 16th and 17th centuries. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, he laid the foundations for international law, based on natural law in its Protestant side. Two of his books have had a lasting impact in the field of international law: ''De jure belli ac pacis'' 'On the Law of War and Peace''dedicated to Louis XIII of France and the '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter VII Of The United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security". Rationale The UN Charter's prohibition of member states of the UN attacking other UN member states is central to the purpose for which the UN was founded in the wake of the destruction of World War II: to prevent war. This overriding concern is also reflected in the Nuremberg Trials' concept of a crime against peace "starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties or agreements" (crime against peace), which was held to be the crime that makes all war crimes possible. Chapter VII also gives the Military Staff Committee responsibility for strategic coordination of force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Castle Doctrine In The United States
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws. Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grievous Bodily Harm
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent",Archbold Criminal Pleading, Evidence and Practice, 1999, paragraph 19-201 at page 1614 whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm". Statute Section 18 This section now reads: The words omitted in the first to third places specifically included shooting or attempting to shoot, and included some words considered redundant; they were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bodily Harm
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction. The expression grievous bodily harm first appeared in a statute in Lord Ellenborough's Act (1803). Canada In the Canadian Criminal Code, "bodily harm" is defined as "any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature." England and Wales The expression is not defined by any statute. It currently appears in a number of offences under the Offences against the Person Act 1861 (ss. 18, 20, 23, 26, 28, 29, 31, 35, and 47) and in the offence of burglary under the Theft Act 1968 (s. 9). It is also used in the definition of murder (as it appears in case law) in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Threat Of Force (public International Law)
Threat of force in public international law is a situation between states described by Great Britain, British lawyer Ian Brownlie as: :an express or implied promise by a government of a resort to force conditional on non-acceptance of certain demands of that government.International Law and the Use of Force by States Ian Brownlie, CBE, QC, FBA, March 26, 1963, Oxford University PressSubmission by Aidan O’Neill QC , Aidan O'Neill QC The 1969 Vienna Convention on the Law of Treaties notes in its preamble that both the threat and the use of force are prohibited. Moreover, in Article 52, it establishes the principle that if threats of usi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Targeted Killing
Targeted killing is a form of murder or assassination carried out by governments outside a judicial procedure or a battlefield. Since the late 20th century, the legal status of targeted killing has become a subject of contention within and between various nations. Historically, at least since the mid-eighteenth century, Western thinking has generally considered the use of assassination as a tool of statecraft to be illegal. Some academics, military personnel and officials describe targeted killing as legitimate within the context of self-defense, when employed against terrorists or combatants engaged in asymmetrical warfare. They argue that drones are more humane and more accurate than manned vehicles, and that targeted or "named killings" do not occur in any context other than a declared state of war. Scholars are also divided as to whether targeted killings are an effective counterterrorism strategy. Africa Targeted killings have also been used in Somalia, Kenya, Rwanda and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security-related Bills
In 2015, Japanese Prime Minister Shinzō Abe and the ruling Liberal Democratic Party promoted legislation, passed on 19 September 2015, despite some public opposition, to allow the country's military to participate in foreign conflicts, overturning its previous policy of fighting only in self-defense. Since the Japanese constitution allows the Japanese military to act only in self-defense, the legislation reinterpreted the relevant passages to allow the military to operate overseas for "collective self-defense" for allies. The legislation came into effect on 29 March 2016. Background Article 9 of the Japanese Constitution prohibits use of military force internationally. On 15 May 2014, an advisory panel formed by Abe recommended that Article 6 be reinterpreted to allow a broader use of military power. On 1 July, the government announced that it had devised a policy dubbed "collective self defense" to allow it to use armed force to defend its allies. Abe had originally proposed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Religious War
A religious war or a war of religion, sometimes also known as a holy war ( la, sanctum bellum), is a war which is primarily caused or justified by differences in religion. In the modern period, there are frequent debates over the extent to which religious, economic, ethnic or other aspects of a conflict are predominant in a given war. The degree to which a war may be considered religious depends on many underlying questions, such as the definition of religion, the definition of 'religious war' (taking religious traditions on violence such as 'holy war' into account), and the applicability of religion to war as opposed to other possible factors. Answers to these questions heavily influence conclusions on how prevalent religious wars have been as opposed to other types of wars. According to scholars such as Jeffrey Burton Russell, conflicts may not be rooted strictly in religion and instead may be a cover for the underlying secular power, ethnic, social, political, and economic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laws Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collective Security
Collective security can be understood as a security arrangement, political, regional, or global, in which each state in the system accepts that the security of one is the concern of all, and therefore commits to a collective response to threats to, and breaches of peace. Collective security is more ambitious than systems of alliance security or collective defense in that it seeks to encompass the totality of states within a region or indeed globally, and to address a wide range of possible threats. While collective security is an idea with a long history, its implementation in practice has proved problematic. Several prerequisites have to be met for it to have a chance of working. It is the theory or practice of states pledging to defend one another in order to deter aggression or to target a transgressor if international order has been breached. History Early mentions Collective security is one of the most promising approaches for peace and a valuable device for power managem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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