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  • Print publication year: 2013
  • Online publication date: April 2013

10 - Use of force

from Part II - The substance of international law
Summary

INTRODUCTION

When after the Napoleonic wars of the early nineteenth century the Prussian major-general Von Clausewitz famously wrote that war was the continuation of policy by other means, he had a point. Throughout the ages, war had been conducted without many legal obstacles being placed in its way, and there was a strong sentiment that going to war, for whatever reason, was perfectly legal. Admittedly, many felt that this was an undesirable state of affairs, and theologians and lawyers alike had aspired to limit the possibility of resorting to war by making a distinction between just wars and unjust wars, but state practice had proved rather resilient. And understandably so: distinguishing between just and unjust wars presupposes a working conception of justice, and since justice is itself a highly contested concept, it follows that reasonable people could disagree about whether a war would be just or unjust.

Earlier generations of international lawyers insisted on a rigid distinction between war and peace; the two would be entirely different conditions, governed by different sets of rules. Some of this is still visible in today's international law; there are specific rules on how to behave during war (such as the 1949 Geneva Conventions) which have little application during peacetime. Still, the rigidity of that earlier distinction no longer applies; war and peace have come to be seen as more fluid conditions, sometimes governed by specific rules, but sometimes also by general rules. There is little doubt, for instance, that human rights law continues to apply even in wartime.

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International Law
  • Online ISBN: 9781139022569
  • Book DOI: https://doi.org/10.1017/CBO9781139022569
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von Clausewitz, Carl, On War (London: Wordsworth, 1997 [1832]
Kennedy, David, Of War and Law (Princeton University Press, 2006)
Vierdag, E. W., Oorlogsverklaring (inaugural address, University of Amsterdam, 1992)
Stürchler, Nikolas, The Threat of Force in International Law (Cambridge University Press, 2007)
Schlesinger, Stephen C., Act of Creation: The Founding of the United Nations (Boulder, CO: Westview, 2003)
Franck, Thomas M., The Power of Legitimacy among Nations (Oxford University Press, 1990), 75–7
Gray, Christine, International Law and the Use of Force, 2nd edn (Oxford University Press, 2004)
Lowe, A. V., International Law (Oxford: Clarendon Press, 2007)
Gazzini, Tarcisio, The Changing Rules on the Use of Force in International Law (Manchester University Press, 2005), 135–7
Weiler, J. H. H., ‘Nino – In His Own Words’ (2011) 22 European Journal of International Law, 931–46
Glennon, Michael, Constitutional Diplomacy (Princeton University Press, 1990), at 214
Orford, Anne, Reading Humanitarian Intervention (Cambridge University Press, 2003)
Simma, Bruno, ‘NATO, the UN, and the Use of Force: Legal Aspects’ (1999) 10 European Journal of International Law, 1–22
Singer, Peter, One World: The Ethics of Globalization, 2nd edn (Yale University Press, 2004), 137–9
Altman, Andrew and Wellman, Christopher Heath, A Liberal Theory of International Justice (Oxford University Press, 2009)
ICISS, The Responsibility to Protect (Ottawa: International Development Research Centre, 2001)
Orford, Anne, International Authority and the Responsibility to Protect (Cambridge University Press, 2011)
Klabbers, Jan, ‘Rebel with a Cause? Terrorists and Humanitarian Law’ (2003) 14 European Journal of International Law, 299–312
Cassese, Antonio, Violence and Law in the Modern Age (Princeton University Press, 1988, S. Greenleaves trans.), 62–75
Aust, Anthony, ‘Counter-terrorism: A New Approach’ (2001) 5 Max Planck Yearbook of United Nations Law, 285–306
Klabbers, Jan, ‘Europe's Counter-terrorism Law(s): Outlines of a Critical Approach’, in Malcolm Evans and Panos Koutrakos (eds.), Beyond the Established Legal Orders: Policy Interconnections between the EU and the Rest of the World (Oxford: Hart, 2011), 205–24
Happold, Matthew, ‘Security Council Resolution 1373 and the Constitution of the United Nations’, (2003) 16 Leiden Journal of International Law, 593–610
Rosand, Eric, ‘The Security Council as “Global Legislator”: Ultra Vires or Ultra Innovative?’ (2004–5) 28 Fordham International Law Journal, 542–90
Becker, Tal, Terrorism and the State: Rethinking the Rules of State Responsibility (Oxford: Hart, 2006)
Lehto, Marja, Indirect Responsibility for Terrorist Acts: Redefinition of the Concept of Terrorism Beyond Violent Acts (Leiden: Martinus Nijhoff, 2009)
Bianchi, Andrea, ‘Terrorism and Armed Conflict: Insights from a Law and Literature Perspective’ (2011) 24 Leiden Journal of International Law, 1–21
Bell, Christine, ‘Peace Agreements: Their Nature and Legal Status’ [2006] 100 American Journal of International Law, 373–412