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Alexis Heraclides and Ada Dialla

Advocates and opponents of humanitarian intervention From the 1860s onwards, international law became an academic discipline in its own right in Europe and the Americas, taught separately from philosophy, natural law or civil law, and came to be written by professional academics or theoretically inclined diplomats. 1 Until then what existed was the droit public de l’Europe or ‘external public law’. Britain in particular had to

in Humanitarian intervention in the long nineteenth century
Setting the precedent

This book is an attempt at a comprehensive presentation of the history of humanitarian intervention in the long nineteenth century, the heyday of this controversial doctrine. It starts with a brief presentation of the present situation and debate. The theoretical first part of the book starts with the genealogy of the idea, namely the quest for the progenitors of the idea in the sixteenth and seventeenth century which is a matter of controversy. Next the nineteenth century ‘civilization-barbarity’ dichotomy is covered and its bearing on humanitarian intervention, with its concomitant Eurocentric/Orientalist gaze towards the Ottomans and other states, concluding with the reaction of the Ottomans (as well as the Chinese and Japanese). Then the pivotal international law dimension is scrutinized, with the arguments of advocates and opponents of humanitarian intervention from the 1830s until the 1930s. The theoretical part of the book concludes with nineteenth century international political theory and intervention (Kant, Hegel, Cobden, Mazzini and especially J.S. Mill). In the practical second part of the book four cases studies of humanitarian intervention are examined in considerable detail: the Greek case (1821-1831), the Lebanon/Syria case (1860-61), the Balkan crisis and Bulgarian case (1875-78) in two chapters, and the U.S. intervention in Cuba (1895-98). Each cases study concludes with its bearing on the evolution of international norms and rules of conduct in instances of humanitarian plights. The concluding chapter identifies the main characteristics of intervention on humanitarian grounds during this period and today’s criticism and counter-criticism.

Third edition
Author: Leslie C. Green

It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.

Just war and against tyranny
Alexis Heraclides and Ada Dialla

The just war doctrine The original just war doctrine was not concerned with intervening in other states for humanitarian reasons, but with providing just reasons for resorting to an inter-state war. It was only by the sixteenth century, coinciding with the birth of international law, then known as jus gentium or law of nations, under the sway of natural law, that support for those suffering from tyranny and maltreatment was seen as one of the

in Humanitarian intervention in the long nineteenth century
Robert Fine and Philip Spencer

formal structure of international law. It not only claims a ‘soft’ influence over states to take human rights into account but, in some instances, to demand compliance and declare a duty to obey. The norms of international law function as a higher law vis-à-vis that of states and there is an increasing number of treaty-based norms that obligate all states, whether or not they have signed the treaty in question. These include prohibition on genocide, as well as

in Antisemitism and the left
Edwin Borchard between New Haven and Berlin
Jens Steffek and Tobias Heinze

, jointly deployed realist arguments to discredit the League of Nations, the Kellogg-Briand Pact and the Versailles peace settlement. Our discussion focusses on the American isolationist lawyer Edwin M. Borchard (1884–1951) who already in the early 1930s propagated ‘realism’ as an approach to the study of IR, semantically opposed to the ‘evangelism’ of the Wilsonian internationalists. 2 In the historiography of IR and international law, Borchard’s work has been almost completely neglected. Only Hidemi Suganami seems to have recognised the importance of Borchard

in Prussians, Nazis and Peaceniks
Leslie C. Green

Classic position Historically, international law is concerned only with the relations between states. As a result, the law of armed conflict developed in relation to inter-state conflicts and was not in any way concerned with conflicts occurring within the territory of any state or with a conflict between an imperial power and a colonial

in The contemporary law of armed conflict
Leslie C. Green

committed within a belligerent’s lines and intended to harm and aid the adverse party. However, such acts are offences only against the law of the particular belligerent, and, since they are not forbidden by international law, do not constitute war crimes in the proper sense of the term. The concept of war crimes, with trial and condemnation of those committing them, is not new. In ancient Greece ‘treacherous

in The contemporary law of armed conflict
Leslie C. Green

The traditional view One of the longest and best established principles of international law has been that which recognises that states have no right to intervene in the internal or domestic affairs of another state. This principle receives conventional recognition in Article 2 (7) of the Charter of the United Nations, which declares that

in The contemporary law of armed conflict
Tony Blair, humanitarian intervention, and the “new doctrine of the international community”
Jim Whitman

armed forces is much more significant than that: at present—and for the purpose of this discussion, in the UK in particular—moral justifications for military actions do not merely bolster the practical case for action against the strictures of international law and/or popular disquiet: they also facilitate the climate that makes such actions less uniquely challenging—and eventually, unexceptional. This

in Intelligence and national security policymaking on Iraq