Dr Jackson Nyamuya Maogoto's Books

Battling Terrorism

Legal Perspectives on the use of Force and the War on Terror

By: Dr Jackson Nyamuya Maogoto

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Battling Terrorism

Legal Perspectives on the use of Force and the War on Terror

By: Dr Jackson Nyamuya Maogoto

The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

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Page Count

364

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

140949313X

ISBN 13

9781409493136

Under Attack

Challenges to the Rules Governing the International Use of Force

By: Dr Belinda Helmke

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Under Attack

Challenges to the Rules Governing the International Use of Force

By: Dr Belinda Helmke

Under Attack makes a new contribution to the field of international relations in general and the study of international law and armed conflict in particular, in two core ways. First, it links information from varying disciplines, most notably international relations and international law, to form a comprehensive picture of state practice and the challenges it poses to the legal rules for the use of force. Secondly, it organises the information in such a way to identify two core groups of contemporary justifications used by states: humanitarian reasons and self-defence, both with their sub-categories. At the core of this book is the question of how state practice since 1990 has challenged the long-established legal regime on the international use of force. Are we merely witnessing a temporary and insignificant challenge to international law or are the rules genuinely under attack?

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Page Count

320

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409499782

ISBN 13

9781409499787

Armed Forces Special Power Act

A Draconian Law?

By: Dr. U C Jha

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Armed Forces Special Power Act

A Draconian Law?

By: Dr. U C Jha

The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

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Page Count

346

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9384464619

ISBN 13

9789384464615

Book's by Dr Jackson Nyamuya Maogoto

Battling Terrorism

Battling Terrorism

Under Attack

Under Attack

Armed Forces Special Power Act

Armed Forces Special Power Act

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