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Contents
- Preliminary Material
- Preface and Acknowledgement
- Contents
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on the Contributors
- Main Text
- Part I Introduction
- Introduction: International Law and the Problem of War
- Ch.1 Too Much History: From War as Sanction to the Sanctioning of War
- Ch.2 Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force
- Ch.3 The Limitations of Traditional Rules and Institutions Relating to the Use of Force
- Ch.4 The Continued Relevance of Established Rules and Institutions Relating to the Use of Force
- Ch.5 Feminist Perspectives on the Law on the Use of Force
- Ch.6 The Collective Security System and the Enforcement of International Law
- I Introduction
- II Neutralizing the Austinian Imperatival Handicap of International Law
- III Centralization and Individualization of Enforcement of International Law
- IV Enforcement of International Law Through the Collective Security System
- V Enforcement of International Law Through the Collective Security System: The Need of a Catharsis
- Ch.7 Changing Jus Cogens Through State Practice? The Case of the Prohibition of the Use of Force and its Exceptions
- Part II Collective Security and the Non-Use of Force
- Ch.8 Reconfiguring the Un System of Collective Security
- Ch.9 Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?
- Ch.10 When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the ‘Unreasonable Veto’
- Ch.11 United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
- I Introduction
- II Outline
- III UNSC-Endorsed or Mandated No-Fly Zones
- A General Description
- B Iraq NFZs
- C Bosnia and Herzegovina NFZ
- D Libya NFZ
- E Conclusions as to UNSC Use of Force Practice
- 1 Is the law governing the zone LOAC- or non-LOAC-based?
- 2 For UNSC non-LOAC-based NFZs, is the law on use of force inside the zone fundamentally the same as the law on use of force applying outside the zone?
- 3 Has the UNSC actually altered the law normally applicable in the airspace enclosed by the zone?
- IV UNSC-Endorsed or Mandated Maritime Exclusion Zones
- A General Description
- B Sanctions Enforcement Generally
- C UNSC Non-LOAC-Based MEZs
- D UNSC LOAC-Based MEZs
- E Conclusions as to UNSC Use of Force Practice
- 1 Is the law governing the zone LOAC or non-LOAC-based?
- 2 For UNSC non-LOAC-based MEZs, is the law on use of force inside the zone fundamentally the same as the law on use of force applying outside the zone?
- 3 For non-LOAC-based MEZs, has the UNSC actually altered the law normally applicable in the ocean space enclosed by the zone?
- V Conclusion
- Ch.12 Military Sanctions Enforcement in the Absence of Express Authorization?
- Ch.13 The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security
- I Introduction
- II Purposes and Powers of the UN
- III The Prohibition on the Use of Force, the UN, and Peace and Security
- IV Breaches of International Law, the UN, and Peace and Security
- V The UN and the Responsibility to Protect
- VI Division of Competence under the Charter
- VII Division of Competence in Practice
- VIII Uniting for Peace
- IX Conclusion
- Ch.14 Regional Organizations and Arrangements: Authorization, Ratification, or Independent Action
- Ch.15 Use of Force: Justiciability and Admissibility
- Ch.16 The Use of Force in United Nations Peacekeeping Operations
- I Introduction
- II Historical and Conceptual Development
- III The Normative Framework
- A Relationship to the Jus ad Bellum
- B Basic Principles of UN Peacekeeping and Use of Force
- C Legal Basis for Use of Force
- D Implied Authority to Use Force: Basis of Self-Defence
- E Meaning of Self-Defence
- F Express Authority to Use Force
- G Protection of Civilians
- H Positive Duties and International Human Rights Law
- IV Legal Issues at the Practical and Operational Level
- V Conclusion
- Ch.17 Mandated to Protect: Security Council Practice on the Protection of Civilians
- I Introduction
- II Normative and Legal Framework
- III Security Council Practice 1960–99: Early UN Peacekeeping Operations Protection Activity—Stretching the Concept of Self-Defence
- IV Security Council Practice 1999–2007: Inception and Development of the ‘Protection of Civilians’ Mandate—the Council Makes It Explicit
- V Security Council Practice 2007–11: Prioritizing Protection—UNAMID, MONUC, UNOCI, and UNMISS
- VI Security Council Practice from 2011 Onwards: Exploring the Boundaries of the Mandate
- VII Conclusion
- Ch.18 Self-Defence, Protection of Humanitarian Values, and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
- Ch.19 Transparency, Accountability, and Responsibility for Internationally Mandated Operations
- I Introduction
- II Sources of International Mandates
- III Carrying Out International Mandates: UN Operational and Legal Milestones
- IV Agenda for Peace and the Advent of Complex Peace Operations
- V Blended Accountability and Responsibility
- VI Evolving National Accountability Mechanisms and the 2000 Report of the Panel on Peace Operations
- VII Ramping up of International Responsibility
- VIII Personal Responsibility of UN Peacekeepers
- IX The Challenges of a Blended System of Transparency, Accountability, and Responsibility and the Ongoing Evolution of Peace Operations
- Ch.20 ‘Failures to Protect’ in International Law
- Part III The Prohibition of the Use of Force, Self-Defence, and Other Concepts
- Ch.21 The Ban on the Use of Force in the UN Charter
- I Introduction
- II Pre-Charter Attempts to Restrict the Freedom of States to Resort to Warfare
- III Incorporating the Ban on the Use of Force in the UN Charter
- IV Exceptions to the Charter Prohibition on the Use of Force
- V The Interpretation of the Prohibition on the Use of Force
- VI The Legal Status of Article 2(4) of the UN Charter
- VII Concluding Remarks
- Ch.22 Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force: What’s the Difference?
- Ch.23 The Prohibition of the Use of Force and Non-Intervention: Ambition and Practice in the Oas Region
- Ch.24 The Crime of Aggression at the International Criminal Court
- I Introduction
- II Antecedents: From Versailles to Kampala
- III The Kampala Amendments
- IV Procedural Issues
- A Rome Statute Article 121(5) Provides the Process for Entry into Force
- B A Package Deal?
- C Temporal Exercise of Jurisdiction by the ICC
- D Jurisdiction of the ICC over States Parties that Do Not Ratify/Accept
- E The Ability of States Parties to Opt Out of ICC Jurisdiction
- F The Problem of a Lack of Reciprocity
- G The Position of Non-State Parties
- H The Problem of Alleged Aggression by a Coalition
- I Security Council Referral of a Situation of Aggression
- V Substantive and Institutional Issues
- VI Conclusion
- Ch.25 The International Court of Justice and the ‘Principle of Non-Use of Force’
- I Introduction
- II The Case Law of the Court
- A Basic Issues
- B The Prohibition of the Use of Force
- C Exceptions to the Prohibition of the Use of Force
- 1 The use of force within the collective security system
- 2 The unilateral use of force
- I Individual self-defence
- a) An (actual or imminent) armed attack as a conditio sine qua non
- b) The case of an imminent armed attack
- c) The concept of armed attack ratione materiae
- d) The concept of armed attack ratione personae
- e) Self-defence and Security Council action
- f) The duty to report to the Security Council
- g) Self-defence and military occupation
- II Collective self-defence
- I Individual self-defence
- D The Prohibition of the Threat of Force
- III Some Reflections on the Overall Picture of the Jurisprudence of the Court
- IV Conclusion
- Ch.26 The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
- I Introduction
- II Legal Significance of Arbitral Awards and Fact-Finding Reports
- III The Application of Jus Contra Bellum in Arbitral Awards and Fact-Finding Reports
- IV Conclusion
- Ch.27 The Resilience of the Restrictive Rules on Self-Defence
- Ch.28 Self-Defence and Collective Security: Key Distinctions
- Ch.29 Taming the Doctrine of Pre-Emption
- Ch.30 Can Non-State Actors Mount an Armed Attack?
- Ch.31 The Problem of Imminence in an Uncertain World
- Ch.32 Action Against Host States of Terrorist Groups
- Ch.33 When Does Self-Defence End?
- I Introduction
- II The Nature of Self-Defence and the Modalities of Armed Attack in Relation to the Duration of the Exercise of the Right of Self-Defence
- III Necessity, Proportionality, and Immediacy as Factors Determining the Duration of the Right of Self-Defence
- IV The Primacy of the Security Council and the Duration of Self-Defence
- V Conclusions
- Ch.34 Theatre of Operations
- Ch.21 The Ban on the Use of Force in the UN Charter
- Part IV Action on Behalf of Peoples and Populations
- Ch.35 ‘Humanitarian Intervention’
- Ch.36 Pro-Democratic Intervention
- Ch.37 Intervention by Invitation
- Ch.38 National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination
- Part V Revival of Classical Concepts?
- Ch.39 Necessity
- Ch.40 Retaliation and Reprisal
- Ch.41 Hot Pursuit
- Ch.42 The Threat of the Use of Force and Ultimata
- Ch.43 Blockades and Interdictions
- Ch.44 Rescuing Nationals Abroad
- Ch.45 Peace Settlements and the Prohibition of the Use of Force
- Ch.46 The Effects of a State of War or Armed Conflict
- I Introduction
- II The Creation of a State of War in Classical International Law
- III The Effects of a State of War in Classical International Law
- IV The Prohibition on the Use of Force and Its Influence on State Practice
- V The Concept of Armed Conflict in Contemporary International Law
- VI The Effects of an Armed Conflict in Contemporary International Law
- VII Conclusion
- Part VI Emerging Areas?
- Ch.47 Proliferation of Weapons of Mass Destruction and Shipping Interdiction
- Ch.48 The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
- Ch.49 The Use of Force Against Pirates
- Ch.50 The Changing Environment and Emerging Resource Conflicts
- I The Environment and Resource Conflicts: Assessing the Debate
- II The Law of International Resource Conflicts
- A The Linkage Between Natural Resources and Interstate Conflicts
- B Sovereignty as the Main Criterion for the Allocation of Natural Resources Among States
- C International Resource Conflicts under the Jus ad Bellum
- D The Exploitation of Natural Resources in Occupied Territories: The Interaction Between Jus ad Bellum and Jus in Bello
- E The Exploitation of Natural Resources in Unlawful Territorial Situations: The Duty of Non-Recognition and Natural Resources
- III The Initiatives of the United Nations
- IV Concluding Remarks
- Ch.51 Remotely Piloted Warfare as a Challenge to the Jus Ad Bellum
- Ch.52 The Use of Cyber Force and International Law
- Ch.53 Private Military Companies and the Jus Ad Bellum
- I Introduction
- II The Subject Matter
- III Case Studies
- IV Analysis
- V Conclusion
- Part VII General Problems
- Ch.54 Jus Cogens and the Use of Armed Force
- Ch.55 The Principle of Proportionality from a Jus Ad Bellum Perspective
- Ch.56 The Relationship between Jus Ad Bellum and Jus In Bello
- Ch.57 Consequences for Third States as a Result of an Unlawful Use of Force
- I Introduction
- II The Narrowing of the Scope of Applicability of the Law of Neutrality
- III Collective Self-Defence and Enforcement of Erga Omnes Obligations: Common Purpose but Different Conditions?
- IV Centralized vs Decentralized Response by Third States: To What Extent May Security Council’s Measures Limit Unilateral Responses by Third States?
- V Concluding Remarks
- Part I Introduction
- Further Material
