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'Armed Attack' and Article 51 of the UN Charter
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  • Cited by 9
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    This (lowercase (translateProductType product.productType)) has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Casagrande, Marco 2017. Seaports in International Law. p. 43.

    Allhoff, Fritz 2017. Ethics and Cyber Warfare: The Quest for Responsible Security in the Age of Digital Warfare, by George Lucas. Journal of Military Ethics, Vol. 16, Issue. 1-2, p. 124.

    Shaw, William H 2014. Consequentialism, war, and national defense. Journal of International Political Theory, Vol. 10, Issue. 1, p. 20.

    Hathaway, Oona A. 2014. The drawbacks and dangers of active defense. p. 39.

    Warren, Aiden and Bode, Ingvild 2014. Governing the Use-of-Force in International Relations. p. 46.

    Ralph, Jason 2013. No longer special? Britain and the United States after Iraq. International Politics, Vol. 50, Issue. 3, p. 333.

    Tago, Atsushi 2013. Why do states formally invoke the right of individual self-defense? Legal-, diplomatic- and aid-politics to motivate states to respect international law. Conflict Management and Peace Science, Vol. 30, Issue. 2, p. 161.

    Ruys, Tom 2012. The XM25 Individual Airburst Weapon System: A ‘Game Changer’ for the (Law on the) Battlefield? Revisiting the Legality of Explosive Projectiles under the Law of Armed Conflict. Israel Law Review, Vol. 45, Issue. 03, p. 401.

    Green, James A. 2011. The Encyclopedia of War.

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  • Tom Ruys, Katholieke Universiteit Leuven, Belgium

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    'Armed Attack' and Article 51 of the UN Charter
    • Online ISBN: 9780511779527
    • Book DOI: https://doi.org/10.1017/CBO9780511779527
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Book description

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'.

Reviews

'… 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 Source: 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 Source: translated from the Revue Belge de Droit International

'… 'Armed Attack’ and Article 51 of the UN Charter is a well written and carefully researched contribution which will become a bookshelf staple for academics working in the area.'

Heather A. Harrison Dinniss Source: The Modern Law Review

'Tom Ruys has written one of the most important books on the Charter law on the use of force. His study is meticulously researched, methodologically sensitive, extremely thoughtful, and elegantly written and on top of all this, it shows balanced judgment. It must therefore be included in the rather short list of significant monographs on the subject-matter … by having written this splendid book, Ruys has rendered the determinacy of this crucially important body of law a most valuable service.'

Claus Kreß Source: British Yearbook of International Law

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