Read more
Informationen zum Autor Dr Tom Ruys is a lawyer with Stibbe, Brussels, and a senior member of the Leuven Centre for Global Governance Studies. He also teaches public international law and humanitarian and security law as a substitute lecturer at the Catholic University of Leuven. Klappentext This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'. '... a great strength of the book is that it provides a detailed restatement of the law on self-defence and the crucial issues surrounding it ... Ruys' work demonstrates a large amount of research into the content of the customary law, using both an 'incident analysis' approach and a consideration of practice in abstracto (for example, in relation to debates over various UN declarations). This research into state practice is of notable breadth and depth, and forms the cornerstone on which all the book's analysis is built ... this is an excellent book on armed attack ...' James A. Green, Journal of Conflict and Security Law '... a particularly subtle and reasoned interpretation of jus contra bellum established by the UN Charter. One could even say that this is the most rigorous and successful book to date about self-defence.' Professor Olivier Corten, translated from the Revue Belge de Droit International Zusammenfassung Tom Ruys examines to what extent the right of self-defence permits States to engage in military operations against State and non-State actors in light of the developments since 9/11 and the interventions in Afghanistan and Iraq. The occurrence of an 'armed attack' is a particular focus. Inhaltsverzeichnis Introduction; 1. The methodological debate and the quest for custom; 2. Conditions of self-defence; 3. The Armed Attack Requirement Ratione Materiae; 4. The Armed Attack Requirement Ratione Temporis; 5. The Armed Attack Requirement Ratione Personae; 6. What future for the armed attack criterion?...
