Ka Lok Yip

The Use of Force against Individuals in War under International Law (eBook, ePUB)

A Social Ontological Approach

• Format: ePub

Produktbeschreibung

Is it legal to kill, or capture and confine, someone in war? Is this relevant or wise to ask in the reality of war? What does 'legal' actually mean in the labyrinth of overlapping international laws? This volume explores the meaning, relevance, and wisdom of questioning the 'legality' of the use of force against individuals in war by reconnecting legal thought with the social world. Weaving together law, social theories, and actual practices, the book presents an interdisciplinary study of the laws regulating warfare. The Use of Force against Individuals in War under International Law uncovers different conceptions of 'legality' that generate tensions among different international laws regulating warfare and highlights the limits of legal techniques in addressing these tensions. Accepting these tensions serves not to denigrate the law itself but to invite a deeper level of engagement with it - through the lens of social theories. Drawing on the insight that every social action results from an interaction between human agency and social structures, this publication argues that in regulating warfare, one distinct body of international law, the law of armed conflicts, accommodates the diminished agency of human beings operating in highly structured conditions while other bodies of international law harbour the potential to transform these very structured conditions. Thus, assimilating these laws, whether in court or real-world practices, fundamentally conflates their underlying social ontologies.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 320
• Erscheinungstermin: 24. März 2022
• Englisch
• ISBN-13: 9780192645234
• Artikelnr.: 63648107

Autorenporträt

Dr Ka Lok Yip's academic research straddles international law, social theory, and empirical studies in armed conflict and post-conflict settings. Dr Yip earned an interdisciplinary PhD in international law and international relations from the Geneva-based Graduate Institute of International and Development Studies. She also received a Bachelor of Civil Law degree from the University of Oxford and a Bachelor of Laws degree from King's College London. Besides academia, Dr Yip is an experienced international lawyer who has been actively involved in peace and justice initiatives in the Middle East.

Inhaltsangabe

* General Introduction
* Chapter 1: The Legality of the Use of Force against Individuals in
War Description of a Difficulty
* I. Introduction
* II. Legal Norms Relevant to the Use of Force against Individuals in
War
* III. Jurisprudence on the Relationship among Different Legal Norms
Relevant to the Use of Force against Individuals in War
* IV. Key Approaches to the Relationship among Different Legal Norms
Relevant to the Use of Force against Individuals in War
* V. Conclusion
* Chapter 2: Six Concepts of Legality and their Disambiguation
* I. Introduction
* II. Vertical Legality
* III. Horizontal Legality
* IV. De-conflation of Different Concepts of Legality
* V. Conclusion
* Chapter 3: Verticalizing and Horizontalizing the Notion of Legality
under International Human Rights Law
* I. Introduction
* II. The Layered Nature of Legality under IHRL for the Right to Life
and the Right to Liberty
* III. The Dimension of Vertical Legality under IHRL
* IV. The Dimension of Horizontal Legality under IHRL
* V. Conclusion
* Chapter 4: Subjectivising and Objectivising the Legal Techniques for
Establishing the Relationship among International Legal Norms
* I. Introduction
* II. Justifications for and Limits to the Use of Legal Techniques
* III. Applying Lex Specialis to Establish the Relationship among
Different Laws on the Use of Force against Individuals in War
* IV. Applying Systemic Integration to Establish the Relationship among
Different Laws on the Use of Force against Individuals in War
* V. Conclusion
* Chapter 5: Ontologising the Laws on the Use of Force against
Individuals in War
* I. Introduction
* II. Social Ontology
* III. The Ontological Presuppositions of LOAC and IHRL
* IV. Three Patterns of Ontological Conflation
* V. Conclusion
* Chapter 6: Agents and Structures in the Field of Via Dolorosa
* I. Introduction
* II. Effects of Social Structures on the Practices of the Use of Force
against Individuals in War
* III. Effects of Human Agency on the Practices of the Use of Force in
Armed Conflict and Occupation
* IV. Convergence of Laws, Conflation of Ontologies
* V. Conclusion
* General Conclusion
* Theoretical Implications
* Methodological implications
* Practical Implications