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The Use of Force against Individuals in War under International Law
A Social Ontological Approachav Ka Lok Yip1015
Is it legal to kill, or capture and confine, a person in war? This monograph addresses this heavily contested question from an interdisciplinary perspective, combining doctrinal, social-theoretical, and socio-legal approaches.
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Ka Lok Yip holds an interdisciplinary PhD in international law and international relations from the Graduate Institute of International and Development Studies, a master's degree in law from the University of Oxford, and a bachelor's degree in law from King's College London. Dr Yip has done extensive legal work globally as a practitioner and field research in the Middle East as a scholar. She taught previously at the University of Hong Kong and is currently teaching at Hamad bin Khalifa University in Doha.
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