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[WILSON,
Heather, a Representative from New Mexico; born in Keene, Cheshire
County, N.H., December 30, 1960; graduated from Keene High School, Keene,
N.H.; B.S. United States Air Force Academy, Colorado Springs, Colo., 1982;
Rhodes Scholar, M.Phil., Oxford University, Oxford, England, 1984; D.Phil.,
Oxford University, Oxford, England, 1985; United States Air Force,
1978-1989; cabinet secretary of the New Mexico Children, Youth and Families
Department, 1995-1998; director for European Defense Policy and Arms
Control, National Security Council, 1989-1991; elected as a Republican to
the One Hundred Fifth Congress by special election, to fill the vacancy
caused by the death of United States Representative Steven Schiff, reelected
to the five succeeding Congresses (June 23, 1998-present). - Wilson,
Heather A. �International Law and the Use of Force by National Liberation
Movements.� Ph.D. diss., Oxford University, 1988.]
Book Description
This book examines two branches of the international law of armed
conflict as they apply to national liberation movements. First, it explores
the idea that national liberation movements may legitimately resort to the
use of force to secure the right of their peoples to self-determination.
Second, it examines the application of the humanitarian law of armed
conflict in wars of national liberation.
Editorial Reviews
`It is an absorbing, well-documented and
extensively annotated work ... This book is to be recommended as a reference
and historical guide to all those who are interested in the subject.' -
NATO's Sixteen Nations
`A stimulating book.' - F. A. Mann,
International Affairs
'Wilson has certainly made a very useful contribution to the literature
on national liberation movements. This is the first book to concentrate on
the right of self-determination and its effect on the law of war, and ought
to be widely read, especially by those who still hold the conventional view
that the use of force remains the exclusive province of sovereign states.' =
Onje Gye-Wado, Nigerian Institute of International Affairs, Lagos, Modern
African Studies, Volume 29, part 4, 1991
`Planners and policy makers should find this very useful in their
assessments and possibly in decisions for execution' - USL Journal
Contents
List of Principal Abbreviations x
Introduction 1
1. The Concept of Law 5
1.1 Introductory 5
1.2 Definitions and Subjects 5
1.3 Sources of International Law 8
1.4 The UN and the Development of Law 10
2. The Authority to Use Force in International Law 13
2.1 Introductory 13
2.2 The Concept of Legitimacy 13
2.3 The Authority to Use Force in World Politics 14
2.31 Legitimate Authority in International Armed Conflict 16
2.32 Legitimate Authority in Non-international Armed Conflict 22
2.4 Intervention in Internal Conflicts 29
3. Humanitarian Protection in International Law 34
3.1 Introductory 34
3.2 Humanity and Warfare: An Introduction to Paradox 34
3.3 Humanitarian Protection When Belligerency is Recognized 36
3.4 Humanitarian Protection Without Recognition of Belligerency 37
3.41 Pre-1949 State Practice 38
3.42 Article 3 Common to the 1949 Geneva Conventions 42
3.5 National Liberation Movements: The Basis of Obligation 48
4. Self-determination in International Law 55
4.1 Introductory 55
4.2 Early Development: Wilson and the League 55
4.3 The UN Charter 58
4.4 Post-war Acceleration and Metamorphosis 61
4.41 The Early Years 61
4.42 French North Africa 63
4.43 The Fifteenth Session 67
4.44 The Maturation of the Right to Self- determination 69
4.5 Self-determination in Positive Law 75
4.6 Self-determination as a Right in Law 78
4.7 The Concept of 'Self' 79
5. The Authority to Use Force by National Liberation Movements 91
5.1 Introductory 91
5.2 United Nations Resolutions 94
5.3 The Practice of States 103
5.31 Premature Recognition 105
5.32 Recognition of National Liberation Movements 117
5.33 The States in Opposition 123
5.4 The 1977 Protocols 127
5.5 The Legal Arguments 130
5.6 Conclusions 135
6. National Liberation Movements as Representative Authorities 137
6.1 Introductory 137
6.2 International Recognition 138
6.21 United Nafions Practice 139
6.22 OAU Recognition 142
7. The Law of Armed Conflict in Wars of National Liberation 149
7.1 Introductory 149
7.2 United Nations Resolutions 150
7.3 Recent Trends in State Practice 151
7.4 The 1977 Protocols Additional to the Geneva Conventions 162
7.41 Scope of Apptication: Article 1(4) 163
7.42 Provisions for Application: Article 96(3) 168
7.43 Qualification of Combatants: Articles 43 and 44 173
7.44 The Process of Ratification 178
7.5 Conclusion 179
8. The Prospects for Application 181
Conclusion 186
Bibliography 188
Index
