The Oxford Handbook of the Use of Force in International Law.pdf
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge and the Director of the Lauterpacht Centre for International Law. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of Politics and International Studies of the University since 2008. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg and Cambridge respectively.
I INTRODUCTION ; 1. Too Much History: From War as a Sanction to the Sanctioning of War ; 2. The Debate about the Prohibition of the Use of Force and Collective Security as a Structural Element of International Relations Discourse Through the Centuries ; 3. The Limitations of Traditional Rules and Institutions Relating to the Use of Force ; 4. The Relevance of Established Rules and Institutions Relating to the Use of Force ; 5. Feminist Perspectives on the Law on the Use of Force ; 6. The Use of Force as Enforcement of the International Legal Order? ; 7. Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force ; II COLLECTIVE SECURITY AND THE NON-USE OF FORCE ; 8. Reconfiguring the UN System of Collective Security ; 9. Security Council Authorizations to Use Force: Recent Developments ; 10. When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto' ; 11. No-Fly Zones and Maritime Exclusion Zones in Security Council Practice ; 12. Military Sanctions Enforcement in the Absence of Express Authorization? ; 13. The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security ; 14. Regional Organizations and Arrangements: Authorization, Ratification or Independent Action ; 15. Justicibility of Matters Concerning the Use of Force, including issues addressed by the UN Security Council, before the ICJ ; 16. The Use of Force in Complex Peace-keeping and Governance Operations ; 17. Protection of Civilians in Security Council Practice ; 18. Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates ; 19. Transparency, Accountability, and Responsibility for Internationally Mandated Operations ; 20. Failure to Protect: Recent Experiences ; III THE PROHIBITION OF THE USE OF FORCE, SELF-DEFENCE, AND OTHER CONCEPTS ; 21. Article 2(4): History and Present Content ; 22. Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference? ; 23. Non-aggression in the African Union ; 24. The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region ; 25. The Crime of Aggression at the ICC ; 26. The Prohibition of the Use of Force and Self-defence in ICJ Jurisprudence ; 27. The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports ; 28. The Resilience of the Restrictive Rules on Self-defence ; 29. Self-defence and Collective Security: Key Distinctions ; 30. Taming the Doctrine of Preemption ; 31. Can Non-state Actors Mount an Armed Attack? ; 32. The Problem of Imminence in an Uncertain World ; 33. Action against Host States of Terrorist Groups ; 34. When Does Self-defence End? ; 35. Theatre of Operations ; IV ACTION ON BEHALF OF PEOPLES AND POPULATIONS ; 36. Humanitarian Intervention ; 37. Pro-democratic Action ; 38. Intervention by Invitation ; 39. Self-determination Movements ; 40. A Unifying Theory of Forcible Action on Behalf of Peoples and Populations ; V REVIVAL OF CLASSICAL CONCEPTS? ; 41. Necessity ; 42. Retaliation and Reprisal ; 43. Hot Pursuit ; 44. The Threat of the Use of Force and Ultimata ; 45. Blockades and Interdictions ; 46. Rescuing Nationals Abroad ; 47. Peace Agreements and the Use of Force ; 48. The Effects of a State of War or Armed Conflict ; VI EMERGING AREAS? ; 49. Opposing the Proliferation of Weapons of Mass Destruction and Delivery Vehicles through Interdiction Operations ; 50. The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force ; 51. Forcible Action to Combat Piracy ; 52. The Changing Environment and Emerging Resource Conflicts ; 53. Remotely Piloted Warfare as a Challenge to the Ius ad Bellum ; 54. Cyber 'Attacks' - is the Law on the Use of Force ever Involved ; 55. Private Military Companies and the Ius ad Bellum ; VII GENERAL PROBLEMS ; 56. Ius Cogens Restrictions on, or Demands for, Forcible Action ; 57. Proportionality ; 58. The Interrelationship of the Ius ad bellum and the Ius in bello ; 59. Third States and the Use of Force ; VII CONCLUSION ; 60. Conclusion