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    The Use of Force, Wars of National Liberation and the Right to Self-Determination in the South Ossetian Conflict


    Higgins, Noelle and O'Reilly, Kieran (2009) The Use of Force, Wars of National Liberation and the Right to Self-Determination in the South Ossetian Conflict. International Criminal Law Review, 9 (3). pp. 567-583. ISSN 1567-536X

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    Abstract

    The 2008 conflict in South Ossetia, involving both Georgian and Russian armed forces, attracted much international attention and debate. This article seeks to analyse the international legal framework regarding the use of force which should have applied to this conflict. It will first look at the history of, and circumstances surrounding, the South Ossetian conflict, and then examine the jus ad bellum regarding wars of national liberation and aggression. The concept of intervention to protect nationals abroad will also be discussed. These legal paradigms will then be applied to the events of August 2008 in the region of South Ossetia to analyse the legality of the use of force in this conflict.

    Item Type: Article
    Additional Information: Preprint version of the published article, which is available at Noelle Higgins and Kieran O'Reilly 'The Use of Force, Wars of National Liberation and the Right to Self-Determination in the South Ossetian Conflict' International Criminal Law Review 9 pp 567-583 (2009) DOI: 10.1163/157181209X457992
    Keywords: Self-determination; Jus ad bellum; Conflict; Law; South Ossetia;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 5700
    Identification Number: https://doi.org/10.1163/157181209X457992
    Depositing User: Noelle Higgins
    Date Deposited: 21 Jan 2015 10:57
    Journal or Publication Title: International Criminal Law Review
    Publisher: Brill Academic Publishers
    Refereed: No
    URI:

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