Regulating the use of force in wars of national liberation : the need for a new regime : a study of the South Moluccas and Aceh

Bibliographic Information

Regulating the use of force in wars of national liberation : the need for a new regime : a study of the South Moluccas and Aceh

by Noelle Higgins

(International humanitarian law series, v. 28)

Martinus Nijhoff, 2010

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Note

Includes bibliographical references (p. [239]-262) and index

Description and Table of Contents

Description

This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.

Table of Contents

  • Excerpt of table of contents: Acknowledgements
  • List of Abbreviations
  • Introduction
  • Part I The Legal Framework: Chapter 1 Jus ad Bellum - History and Evolution Chapter 2 Wars of National Liberation - The Right to Self- Determination and the Jus ad Bellum Chapter 3 The Regulation of Wars of National Liberation under International Humanitarian Law - the Jus in Bello Part II The Case Studies - The South Moluccas and Aceh: Chapter 4 Introduction to Case Studies - Wars of National Liberation in Indonesia Chapter 5 The South Moluccas Chapter 6 Aceh Chapter 7 Conclusions and Recommendations Bibliography, Index.

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