Awards

• Winner of Winner, 2023 Francis Lieber Book Prize.

Overview

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.

Full Product Details

Author:   Ka Lok Yip (Assistant Professor, Assistant Professor, Hamad Bin Khalifa University)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   1
Dimensions:   Width: 16.50cm , Height: 2.40cm , Length: 24.00cm
Weight:   0.646kg
ISBN:  

9780198871699

ISBN 10:   0198871694
Pages:   336
Publication Date:   21 April 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

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

Reviews

Ka Lok Yip's monograph is an important contribution to the scholarly literature on international law, human rights, global studies, and social theory. I hope this book inspires more scholars to analyze other conceptions of justice and moral responsibility in the context of war. * Salvador Santino F. Reglime, Jr, Associate Professor of International Relations Institute for History, Leiden University, the Netherlands, International Studies Review *

Author Information

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.

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