Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of The Solicitor's Handbook 2022

The Solicitor's Handbook 2022

Price: £100.00

War Pensions and Armed Forces Compensation: Law and Practice

NEW EDITION


Welcome to Wildys

Watch


Wildy, Simmonds & Hill

New Edition
Small Claims Procedure in the County Court: A Practical Guide
Includes guide to Road Traffic Act Small Claims Protocol


The Complete List...


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello


ISBN13: 9781509950515
Published: August 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



Despatched in 6 to 8 days.

Also available as

Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment.

The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party.

Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

Subjects:
Public International Law
Contents:
Introduction
I. Background and Significance of the Study
II. Research Questions and Analytical Framework
III. Plan of the Study
Chapter 1: The Rise of Islamic State and Its Military Strength
I. Introduction
II. Islamic State at a Glance: General Observations
A. The Rise and Strength of Islamic State
B. The Legal Status of Islamic State
III. Islamic State's Quest for Energy Resources in Iraq and Syria
A. The Correlation between Energy Resources and Armed Conflict: A Conceptual Framework
i. Dependency on Oil as a Major Source of National Income
ii. The General Impression of Scarcity in the International Oil Market
iii. The Emergence of Ethnic, Religious and Violent Movements
B. Insecurity and the Threat of Violence as the Costs of Failed Resource Management
C. The Potential Role of Energy Resources in Intensifying Islamic State's Military Operations
IV. Concluding Remarks
Chapter 2: The War with Islamic State as a Matter of Jus ad Bellum
I. Introduction
II. Military Interventions against Islamic State
A. Introductory Remarks
B. Motivating Factors in the War with Islamic State
i. The US-led Coalition's Intervention against Islamic State in Syria
ii. Turkish Military Intervention against Islamic State
a. Constitution-based Requirement for Turkish Military Interventions
b. Military Intervention in Syria
c. Military Intervention in Iraq
C. The Effectiveness of the Extraterritorial Use of Force against Islamic State
III. Military Assistance on Request in the War with Islamic State
A. Conceptual Framework of the Military Assistance on Request
B. The Legality and Impact of Military Assistance in the War with Islamic State
i. US Military Assistance to Iraq
ii. Russian and Iranian Military Assistance to Syria
IV. Concluding Remarks
Chapter 3: The Legality of the Attacks on Energy Resources Occupied by Islamic State as a Matter of Jus in Bello
I. Introduction
II. The Occupation and Exploitation of Energy Resources in the Occupied Territories
A. Introductory Remarks
B. The Measures Taken by Islamic State in the Use, Exploitation and Arbitrary Destruction of Local Resources as an Occupier
i. Legal Review
ii. Responsibility for the Illegal Use, Exploitation and Arbitrary Destruction of Local Resources
III. The Destruction of Energy Resources During Armed Conflict
A. Introductory Remarks
B. The Protection of Natural Resources Through the Obligation to Protect the Natural Environment
i. Legal Review
ii. Identification of Environmental Destruction
iii. Environmental Destruction as a War Crime: The Prevention Means of the 1998 Rome Statute
C. The Protection of Natural Resources as State Property
IV. Responsibility for the Environmental Impacts Following the Destruction of Energy Resources During Armed Conflicts
A. Contextual Background
B. The Application of International Criminal Responsibility for Natural Resource Destruction During the War with Islamic State
V. Concluding Remarks
Conclusion

Series: Studies in International Law

Rebellious Jurisprudence: Judicial Dissent and International Law ISBN 9781509920112
To be published March 2022
Hart Publishing
£65.00
Judicial Deference in International Adjudication: A Comparative Analysis ISBN 9781509943463
To be published February 2022
Hart Publishing
£44.99
Prosecutorial Discretion at the International Criminal Court ISBN 9781509944101
To be published January 2022
Hart Publishing
£36.99
The Readmission of Asylum Seekers under International Law ISBN 9781509954759
Published August 2021
Hart Publishing
£39.99
£72.00
(ePub)
Buy
£80.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781509952144
Published June 2021
Hart Publishing
£41.99
£67.50
(ePub)
Buy
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus ISBN 9781509919703
Published December 2020
Hart Publishing
£75.00
Prosecutorial Discretion at the International Criminal Court (eBook) ISBN 9781509928699
Published July 2020
Hart Publishing
£33.29
(ePub)
Buy
Prosecutorial Discretion at the International Criminal Court ISBN 9781509928682
Published July 2020
Hart Publishing
£75.00
The Readmission of Asylum Seekers under International Law ISBN 9781509902491
Published February 2020
Hart Publishing
£80.00
The Readmission of Asylum Seekers under International Law (eBook) ISBN 9781509902521
Published February 2020
Hart Publishing
£35.99
(ePub)
Buy