Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism

In any specific case of the use of armed violence, the question of its legitimation arises, that is, the need to justify the validity of an act of use of force in the language of the law. In general, the model of the legal regime for the use of force to counter terrorism and other manifestations o...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autor principal:	S. V. Korostelev
Formato:	article
Lenguaje:	EN RU
Publicado:	North-West institute of management of the Russian Presidential Academy of National Economy and Public Administration 2018
Materias:	use of force political and legal justification countering terrorism internal armed conflict international humanitarian law other situations of violence Political institutions and public administration (General) JF20-2112
Acceso en línea:	https://doaj.org/article/f55de96511f34928af7e15b69dac7cfa
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:f55de96511f34928af7e15b69dac7cfa
record_format	dspace
spelling	oai:doaj.org-article:f55de96511f34928af7e15b69dac7cfa2021-11-12T10:46:07ZFeatures of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism1726-11391816-859010.22394/1726-1139-2018-4-16-26https://doaj.org/article/f55de96511f34928af7e15b69dac7cfa2018-06-01T00:00:00Zhttps://www.acjournal.ru/jour/article/view/811https://doaj.org/toc/1726-1139https://doaj.org/toc/1816-8590In any specific case of the use of armed violence, the question of its legitimation arises, that is, the need to justify the validity of an act of use of force in the language of the law. In general, the model of the legal regime for the use of force to counter terrorism and other manifestations of violent extremism converges to a search for a balance between norms applied, depending on the forces, means and methods of warfare used: the norms of International Humanitarian Law are to be applied to a greater extent when antigovernment groups maintain control of a part of territory of a state, International Human Rights Law — in the course of “law enforcement” actions, when antigovernment forces do not exercise such a control. The author describes the features of the political- legal rationale of the use of force in internal armed conflicts interrelated with countering terrorism and other violent manifestations of extremism:• there are important peculiarities that unify differing rules of law applicable to the international armed conflict, and applicable to internal armed conflict and other situations of violence;• there are sovereign restrictions on the application of international law in internal armed conflicts and other situations of violence;• there are modern agreed restrictions on the use of means and methods of warfare in internal armed conflicts and other situations of violence;• as a result, joint regulations comprise a highly specific share of customary international law and a significant amount of «law enforcement» norms.S. V. KorostelevNorth-West institute of management of the Russian Presidential Academy of National Economy and Public Administration articleuse of forcepolitical and legal justificationcountering terrorisminternal armed conflictinternational humanitarian lawother situations of violencePolitical institutions and public administration (General)JF20-2112ENRUУправленческое консультирование, Vol 0, Iss 4, Pp 16-26 (2018)
institution	DOAJ
collection	DOAJ
language	EN RU
topic	use of force political and legal justification countering terrorism internal armed conflict international humanitarian law other situations of violence Political institutions and public administration (General) JF20-2112
spellingShingle	use of force political and legal justification countering terrorism internal armed conflict international humanitarian law other situations of violence Political institutions and public administration (General) JF20-2112 S. V. Korostelev Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism
description	In any specific case of the use of armed violence, the question of its legitimation arises, that is, the need to justify the validity of an act of use of force in the language of the law. In general, the model of the legal regime for the use of force to counter terrorism and other manifestations of violent extremism converges to a search for a balance between norms applied, depending on the forces, means and methods of warfare used: the norms of International Humanitarian Law are to be applied to a greater extent when antigovernment groups maintain control of a part of territory of a state, International Human Rights Law — in the course of “law enforcement” actions, when antigovernment forces do not exercise such a control. The author describes the features of the political- legal rationale of the use of force in internal armed conflicts interrelated with countering terrorism and other violent manifestations of extremism:• there are important peculiarities that unify differing rules of law applicable to the international armed conflict, and applicable to internal armed conflict and other situations of violence;• there are sovereign restrictions on the application of international law in internal armed conflicts and other situations of violence;• there are modern agreed restrictions on the use of means and methods of warfare in internal armed conflicts and other situations of violence;• as a result, joint regulations comprise a highly specific share of customary international law and a significant amount of «law enforcement» norms.
format	article
author	S. V. Korostelev
author_facet	S. V. Korostelev
author_sort	S. V. Korostelev
title	Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism
title_short	Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism
title_full	Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism
title_fullStr	Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism
title_full_unstemmed	Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism
title_sort	features of the political and legal justification of the use of force in internal armed conflicts in countering terrorism and other violent manifestations of extremism
publisher	North-West institute of management of the Russian Presidential Academy of National Economy and Public Administration
publishDate	2018
url	https://doaj.org/article/f55de96511f34928af7e15b69dac7cfa
work_keys_str_mv	AT svkorostelev featuresofthepoliticalandlegaljustificationoftheuseofforceininternalarmedconflictsincounteringterrorismandotherviolentmanifestationsofextremism
_version_	1718430843374927872

Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism

Ejemplares similares