This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
Table of Contents
Contents: Introduction; Part I Ancient-Medieval: War, peace, and international law in Ancient Greece, Victor Alonso; The evolution of the concept of the just war in international law, Joachim von Elbe; War and peace in Islam, Bassam Tibi. Part II League of Nations Era: International law and resort to armed force, J.L. Brierly; Collective security, Arnold D. McNair. Part III United Nations Era: Collective security and collective self-defense under the Charter of the United Nations, Hans Kelsen; Bellum justum and bellum legale, Josef L. Kunz; Who killed Art. 2 (4)? Or: changing norms governing the use of force by states, Thomas M. Franck; The reports of the death of Article 2 (4) are greatly exaggerated, Louis Henkin; In defense of international rules on the use of force, Oscar Schachter; The exception of self-defence in UN practice, Jean Combacau; Reprisals involving recourse to armed force, Derek Bowett; Armed reprisals, Roberto Barsotti. Part IV Terrorism, Weapons of Mass Destruction and Information Warfare: On the necessity of pre-emption, Abraham D. Sofaer; International law and the pre-emptive use of force: Afghanistan, Al-Qaida, and Iraq, Christopher Greenwood; The use of force against terrorists, Christian J. Tams; Computer network attack and the use of force in international law: thoughts on a normative framework, Michael N. Schmitt; Information warfare as international coercion: elements of a legal framework, Christopher C. Joyner and Catherine Lotrionte. Part V Humanitarian Intervention and the Responsibility to Protect: The customary international law doctrine of humanitarian intervention: its current validity under the U.N. Charter, Jean-Pierre L. Fonteyne; Humanitarian intervention: legality, justice and legitimacy, Terry D. Gill; The responsibility to protect, Spencer Zifcak; The responsibility to protect doctrine and humanitarian intervention: too many ambiguities for a working doctrine, Carlo Focarelli; Name index.
Tarcisio Gazzini is Associate Professor of Law, Free University Amsterdam, The Netherlands and Nicholas Tsagourias is Professor of International Law and Security, University of Glasgow, UK