Jus ad Bellum: The Law on Inter-State Use of Force

Description

This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state – or group of states – may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book seeks to clarify the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to intervention by a forcible foreign state. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the ‘responsibility to protect’ and humanitarian intervention. Table of Contents Table of Cases Table of Treaties Etc Table of National Instruments Introduction I. War and the Foundations of International Law II. A History of the Regulation of War under International Law III. Jus ad bellum and Contemporary International Law 1. The General Prohibition on the Use of Force I. Introduction II. The Status of the Prohibition under International Law III. The Scope and Content of the Prohibition on the Use of Force IV. The Content of the Prohibition on the Threat of Force 2. Consenting to a Use of Force by Another State I. Introduction II. The Lawful Donor of Consent III. The Expression of Valid Consent IV. Withdrawal of Consent V. Consent has no Bearing on the Duty to Respect Other Rules of International Law 3. Use of Force in Self-defence I. Introduction II. The Right of the State to Use Force in Self-defence III. Use of Force in Defence of Other States 4. United Nations Security Council Authorisation to Use Force I. Introduction II. The Role of the UN Security Council III. The Form and Content of a Council Authorisation to Use Force IV. Respect for the Terms of the Authorisation V. Security Council Authorisation and Regional Organisations 5. Use of Force and the Law of Neutrality I. Introduction II. The Origins of the Law of Neutrality III. The Modern Law of Neutrality 6. The Legality of Humanitarian Intervention I. Introduction II. The Notion of Humanitarian Intervention III. Humanitarian Intervention under International Law IV. The Content and Consequence of 'Responsibility to Protect' V. Rescue of Nationals as Humanitarian Intervention? 7. Responsibility for Aggression I. Introduction II. The Definition of Aggression III. State Responsibility for Acts of Aggression IV. Individual Responsibility for Aggression under International Criminal Law V. Concluding Remarks 8. Use of Force in United Nations Peacekeeping Operations I. Introduction II. The Evolution in Peacekeeping Use of Force: From Self-defence to the Protection of Civilians III. The International Legal Basis for Use of Force by UN Peacekeepers 9. Rights and Obligations of Non-state Actors ad Bellum and in Bello I. Introduction II. 'Non-state Actor' and 'Non-state Armed Groups' Defined III. Non-state Actors' Rights and Obligations under International Law 10. The Interrelationship between Jus ad Bellum and Jus in Bello I. Introduction II. The Relevance of ad Bellum Rules to an Application of Jus in Bello III. Neutrality ad Bellum and in Bello IV. Proportionality ad Bellum and in Bello V. The Legality of Targeting under Jus in Bello and its Influence on the Legality of Action in Self-defence 11. The Interrelationship between International Human Rights Law and Jus ad Bellum I. Introduction II. The Substantive Prohibition under the Right to Life III. Identifying and Remedying a Violation of the Right to Life ad Bellum Bibliography Index