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- The Oxford Handbook of the Use of Force in International Law
- Preface and Acknowledgement
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on the Contributors
- Introduction: International Law and the Problem of War
- Too Much History: From War as Sanction to the Sanctioning of War
- Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force
- The Limitations of Traditional Rules and Institutions Relating to the Use of Force
- The Continued Relevance of Established Rules and Institutions Relating to the Use of Force
- Feminist Perspectives on the Law on the Use of Force
- The Collective Security System and the Enforcement of International Law
- Changing <i>Jus Cogens</i> Through State Practice? The Case of the Prohibition of the Use of Force and its Exceptions
- Reconfiguring the Un System of Collective Security
- Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?
- When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the ‘Unreasonable Veto’
- United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
- Military Sanctions Enforcement in the Absence of Express Authorization?
- The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security
- Regional Organizations and Arrangements: Authorization, Ratification, or Independent Action
- Use of Force: Justiciability and Admissibility
- The Use of Force in United Nations Peacekeeping Operations
- Mandated to Protect: Security Council Practice on the Protection of Civilians
- Self-Defence, Protection of Humanitarian Values, and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
- Transparency, Accountability, and Responsibility for Internationally Mandated Operations
- ‘Failures to Protect’ in International Law
- The Ban on the Use of Force in the UN Charter
- Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force: What’s the Difference?
- The Prohibition of the Use of Force and Non-Intervention: Ambition and Practice in the Oas Region
- The Crime of Aggression at the International Criminal Court
- The International Court of Justice and the ‘Principle of Non-Use of Force’
- The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
- The Resilience of the Restrictive Rules on Self-Defence
- Self-Defence and Collective Security: Key Distinctions
- Taming the Doctrine of Pre-Emption
- Can Non-State Actors Mount an Armed Attack?
- The Problem of Imminence in an Uncertain World
- Action Against Host States of Terrorist Groups
- When Does Self-Defence End?
- Theatre of Operations
- ‘Humanitarian Intervention’
- Pro-Democratic Intervention
- Intervention by Invitation
- National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination
- Necessity
- Retaliation and Reprisal
- Hot Pursuit
- The Threat of the Use of Force and Ultimata
- Blockades and Interdictions
- Rescuing Nationals Abroad
- Peace Settlements and the Prohibition of the Use of Force
- The Effects of a State of War or Armed Conflict
- Proliferation of Weapons of Mass Destruction and Shipping Interdiction
- The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
- The Use of Force Against Pirates
- The Changing Environment and Emerging Resource Conflicts
- Remotely Piloted Warfare as a Challenge to the <i>Jus Ad Bellum</i>
- The Use of Cyber Force and International Law
- Private Military Companies and the <i>Jus Ad Bellum</i>
- <i>Jus Cogens</i> and the Use of Armed Force
- The Principle of Proportionality from a <i>Jus Ad Bellum</i> Perspective
- The Relationship between <i>Jus Ad Bellum</i> and <i>Jus In Bello</i>
- Consequences for Third States as a Result of an Unlawful Use of Force
- Index
Abstract and Keywords
This chapter examines the evolution of the jus ad bellum from the use of war as a sanction to the sanctioning of war. It provides an overview of the doctrine of just war in the Middle Ages before turning to the concepts of just and legal war in the early modern period. It considers how, during that period and the 19th century, the argument of self-defence came to play a prominent role in the justification of war, leading to a contamination of the concepts of just and legal war. It explains why the concept of legal war was abolished by the international community of states and looks at major treaties and state practice relating to war and self-defence of the interwar years leading to the formation of an international customary rule against aggression. It analyses the transfer of the natural right of self-defence to the domain of positive international law.
Keywords: jus ad bellum, sanction, just war, legal war, self-defence, peace movement, pacifism, treaties, aggression, international law
Randall Lesaffer
Randall Lesaffer is Professor of Legal History at Tilburg Law School and part-time Professor of International and European Legal History at Leuven. Since 2008, he serves as the Dean of Tilburg Law School.
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- The Oxford Handbook of the Use of Force in International Law
- Preface and Acknowledgement
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on the Contributors
- Introduction: International Law and the Problem of War
- Too Much History: From War as Sanction to the Sanctioning of War
- Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force
- The Limitations of Traditional Rules and Institutions Relating to the Use of Force
- The Continued Relevance of Established Rules and Institutions Relating to the Use of Force
- Feminist Perspectives on the Law on the Use of Force
- The Collective Security System and the Enforcement of International Law
- Changing <i>Jus Cogens</i> Through State Practice? The Case of the Prohibition of the Use of Force and its Exceptions
- Reconfiguring the Un System of Collective Security
- Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?
- When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the ‘Unreasonable Veto’
- United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
- Military Sanctions Enforcement in the Absence of Express Authorization?
- The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security
- Regional Organizations and Arrangements: Authorization, Ratification, or Independent Action
- Use of Force: Justiciability and Admissibility
- The Use of Force in United Nations Peacekeeping Operations
- Mandated to Protect: Security Council Practice on the Protection of Civilians
- Self-Defence, Protection of Humanitarian Values, and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
- Transparency, Accountability, and Responsibility for Internationally Mandated Operations
- ‘Failures to Protect’ in International Law
- The Ban on the Use of Force in the UN Charter
- Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force: What’s the Difference?
- The Prohibition of the Use of Force and Non-Intervention: Ambition and Practice in the Oas Region
- The Crime of Aggression at the International Criminal Court
- The International Court of Justice and the ‘Principle of Non-Use of Force’
- The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
- The Resilience of the Restrictive Rules on Self-Defence
- Self-Defence and Collective Security: Key Distinctions
- Taming the Doctrine of Pre-Emption
- Can Non-State Actors Mount an Armed Attack?
- The Problem of Imminence in an Uncertain World
- Action Against Host States of Terrorist Groups
- When Does Self-Defence End?
- Theatre of Operations
- ‘Humanitarian Intervention’
- Pro-Democratic Intervention
- Intervention by Invitation
- National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination
- Necessity
- Retaliation and Reprisal
- Hot Pursuit
- The Threat of the Use of Force and Ultimata
- Blockades and Interdictions
- Rescuing Nationals Abroad
- Peace Settlements and the Prohibition of the Use of Force
- The Effects of a State of War or Armed Conflict
- Proliferation of Weapons of Mass Destruction and Shipping Interdiction
- The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
- The Use of Force Against Pirates
- The Changing Environment and Emerging Resource Conflicts
- Remotely Piloted Warfare as a Challenge to the <i>Jus Ad Bellum</i>
- The Use of Cyber Force and International Law
- Private Military Companies and the <i>Jus Ad Bellum</i>
- <i>Jus Cogens</i> and the Use of Armed Force
- The Principle of Proportionality from a <i>Jus Ad Bellum</i> Perspective
- The Relationship between <i>Jus Ad Bellum</i> and <i>Jus In Bello</i>
- Consequences for Third States as a Result of an Unlawful Use of Force
- Index
