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Krims återförenande med fosterlandet : - Ett rättfärdigt krig? / The Crimean Reunification with the Motherland : - A Just War?Egil, Sellgren January 2020 (has links)
This essay seeks to evaluate whether or not the war in Crimea, conducted by the Russian Federation, is to be considered “just”. This is done in accordance with the theory of Just war, which demands that there be two separate evaluations of the war. Firstly the reasons and actions that lead up to the war must be evaluated if they fulfill the demands set up by the theory, this is called “Jud ad bellum”. Next, the conduct once in the war must be evaluated if it fulfills the demands set up in the theory, this is called “jus in bello”. The Russian occupation of Crimea was not following a declaration of war, was against several international agreements and the war was not a last resort after attempts of diplomatic solutions all of these actions violate key demands of jus ad bellum. Going through reports by various human rights organizations on the matter, the demands set up by “jus in bello” are determined to not be satisfied, mostly due to the Russian use of torture on prisoners to subtract incriminating information for use in court against prisoners of war.
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Válka proti terorismu na pozadí teorie spravedlivé války / War againts terrorism on the background of Just War TheorySlavíková, Petra January 2012 (has links)
The day of September 11, 2001 which was primarily seen like an ordinary day was significantly written into the world's history. The worst terrorist attack of all ages were commited in the United States, nearly 3.000 people were killed during the attacks. American administration in response to the attacks declared the "war on terorr", which was mainly represented by military interventions to Afghanistan 2001 and Iraq 2003. Inseparable part of Bush's foreign policy was National Security Strategy, which is the strategic basis for invasion to Iraq, approved on September 2002. This concept of this analysis is dealing with these three concrete events of american foreign policy which are specified on the background of Just War Theory JWT. Concretely on the basis of category jus ad bellum - right to war. The main aim of this work is to explore compatibility of these missions with the principles of just war and find out whether operations were launched justly according to JWT. National Security Strategy NSS - which is discussable in the current international system with the regard of the controversial concept of preemption - is important part of the research too. Pre-emptive strategy is confronted with the just war theory, primarily in the sence whether it is possible to consider preemption like just cause...
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The Mortality or Pre-Emtive War : In search of Justifications and Guidelines for Pre-Emptive WarfareSrimuang, Sarunsiri January 2007 (has links)
<p>The thesis argues that, as a tradition, the concept of just war is socially and contextually sensitive and revisable. It explores the relevance of theory according to the dynamic changes in the nature of threats in the international arena and concludes that the just war tradition is still relevant to the contemporary modern threats that require an act of pre-emptive warfare. However, it needs some revision to be comprehensively applicable to the dynamic of modern threats and the nature of pre-emptive war. Due to the nature of pre-emptive war a nation launches the attack before the aggression from the other nation-in-conflict erupts. The author, therefore, proposed several theoretical and procedural revisions in both the principle of “Jus Ad Bellum” and “Jus In Bello” using the method of reflective equilibrium to create a comprehensive “just” pre-emptive war doctrine as part of the development and dynamic in just war tradition.</p>
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The Mortality or Pre-Emtive War : In search of Justifications and Guidelines for Pre-Emptive WarfareSrimuang, Sarunsiri January 2007 (has links)
The thesis argues that, as a tradition, the concept of just war is socially and contextually sensitive and revisable. It explores the relevance of theory according to the dynamic changes in the nature of threats in the international arena and concludes that the just war tradition is still relevant to the contemporary modern threats that require an act of pre-emptive warfare. However, it needs some revision to be comprehensively applicable to the dynamic of modern threats and the nature of pre-emptive war. Due to the nature of pre-emptive war a nation launches the attack before the aggression from the other nation-in-conflict erupts. The author, therefore, proposed several theoretical and procedural revisions in both the principle of “Jus Ad Bellum” and “Jus In Bello” using the method of reflective equilibrium to create a comprehensive “just” pre-emptive war doctrine as part of the development and dynamic in just war tradition.
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The Killing of Osama bin Laden, Was it Lawful?Elfström, Amanda January 2012 (has links)
The main purpose of this work is to investigate if the US ́s killing of Osama bin Laden on 2 May 2011 in Abbottabad in Pakistan was lawful. The background to the killing is what happened on 11 September 2001 when four US airplanes were hijacked and crashed into World Trade Center and Pentagon. Al Qaeda, a terrorist organisation led by Osama bin Laden, was immediately suspected for the attacks, which led to the starting point of the US ́s ‘global war on terror’. This work tries to give a short brief on ‘global war on terror’ and answer if there is a global war on terror and/or if a new category of war is needed. In order to get an answer to the main question of this work I had to investigate if US is in an international armed conflict or in a non-international armed conflict with Al Qaida. Another important question to investigate is if an armed conflict in one State can spill over to another State and still be consider as an armed conflict. Other important questions to answer are, if Osama bin Laden was a legitimate target under international humanitarian law, if he was a civilian or if he had a continuous combat function and what level of participation in hostilities he had? Not less important is also to investigate if human rights law is applicable when Osama bin Laden was killed, especially the fundamental right to life. Lastly I end my investigation with a quick review of the laws of jus ad bellum in order to get an answer if US had a right to resort to force in Pakistan. My conclusion is that the US was not involved in an armed conflict with al Qaeda in Pakistan where the killing took place. The conflict between the US and al Qaeda in Afghanistan is to be categorised as a non-international conflict. This conflict cannot be described as a conflict that has spilled over to Abbottabad where Osama bin Laden was killed. All people, including Osama bin Laden, has a right to life. Because of lack of information on what happened in Abbottabad when Osama bin Laden was killed it is impossible to give a clear legal answer if the US had the right to kill him. It could be lawful, but it could also be considered as a crime against international human rights law.
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Waging Wars in Cyberspace: How International Law On Aggression And Self-Defense Falls Short Of Addressing Cyber Warfare.Could Iran Legally Retaliate For The Stuxnet Attack?Rubin, Willa 16 June 2016 (has links)
No description available.
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