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The Handbook of the International Law of Military Operations

Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 10th Dec 2015
Dimensions: w 174mm h 236mm d 51mm
Weight: 1348g
ISBN-10: 0198744625
ISBN-13: 9780198744627
Barcode No: 9780198744627
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Synopsis
The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

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What Reviewers Are Saying

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Jan 30th 2016, 21:22
CONTEMPORARY PERSPECTIVES ON MILITARY OPERATIONS AND THE LAW
Awesome - 10 out of 10
CONTEMPORARY PERSPECTIVES ON MILITARY OPERATIONS AND THE LAW

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

It is reassuring to most and surprising to some, that military operations are heavily regulated. This book, as the authors, Terry Gill and Dieter Fleck, assert, is ‘dedicated to legal advisors in the armed forces on operational deployment, who are charged with interpreting and applying the law under the most difficult and challenging circumstances any international legal practitioner can face.’

The term ‘military’ of course, refers not just to war but to peace and peace keeping. The book therefore covers a broad range of military activities, including those conducted under UN Security Council mandate involving self-defence and humanitarian issues, together with the legal bases and legal regimes applicable to the use of force and treatment of persons involved in such operations.

Published by the Oxford University Press, this is the second edition of a now well established work of reference which provides informed commentary throughout on the diversity of issues pertaining to military operations and concerns that have emerged in the past five to six years since the first edition was published in 2010. These include the targeted killing of specific individuals and cyber warfare.

Interestingly, the co-author of this book, Professor Terry Gill is a member of Expert Group which prepared the ‘Tallinn Manual on Cyber Warfare.’ He and his co-editor Dr Dieter Fleck and the close to two dozen other international contributors to this volume, together present an impressive compendium of current thinking (based on extensive experience and expertise) concerning an extremely broad spectrum of military issues.

Organised under five broad categories, the book first discusses human rights and international humanitarian law, as well as the sources, the concepts and the history of the international law of military operations. Part II deals with peace operations and their enforcement, while Part III discusses issues relating to the right of self-defence and the possible legal bases for the use of force.

Part IV contains thirty chapters covering, for example, the law of military operations at sea, maritime interception, cyber operations, the maintenance of law and order, the treatment of detainees, the prosecution of international crimes and of course, much more. Part V concludes with commentary on the role of the military advisor followed by a final word from the two editors on ‘International Law for Military Operations: Conclusions and Perspectives.’

The result of a recent Netherlands-based research project entitled ‘The Role of Law in Armed Conflict and Peace Operations’, the book as the editors explain, is very much a ‘collective effort in every sense’. Hopefully, they say, it will ‘serve as a practical guide for legal practitioners involved in the planning and conduct of military operations.’

Certainly, the breadth and depth of the perspectives the book provides on the military and the law will be a revelation to many of those conducting research -- and forming opinions -- on this and related topics. International lawyers, academics, policy makers and general readers as well, will find this book of immense value.

The publication date is cited as at 2015.
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Certainly, the breadth and depth of the perspectives the book provides on the military and the law will be a revelation to many of those conducting research - and forming opinions - on this and related topics. International lawyers, academics, policy makers and general readers as well, will find this book of immense value. * Phillip Taylor MBE, Richmond Green Chambers *