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Part II Collective Security and the Non-Use of Force, Ch.15 Use of Force: Justiciability and Admissibility

A Mark Weisburd

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 March 2023

Weapons, nuclear — International peace and security — Witnesses — Self-defence — Ships / vessels

This chapter examines restrictions on the International Court of Justice’s (ICJ) capacity to act due to problems of admissibility or justiciability with respect to the use of force. It considers how the ICJ deals with cases requiring the exercise of non-legal judgement in relation to the UN Security Council’s authority. It also looks at disputes involving the use of force that can be decided only through the exercise of non-legal judgement. Five cases are highlighted: Corfu Channel (UK v. Albania), Nicaragua v. US, the ICJ’s advisory opinion on the legality of the threat or use of nuclear weapons, Oil Platforms (Iran v. US), and Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The chapter concludes by focusing on cases involving matters that are arguably within the province of the UN Security Council.

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