Use of Force

Shucksmith, Christy and White, Nigel (2018) Use of Force. In: International Law in Domestic Courts: A Casebook. Oxford University Press. ISBN 9780198739753

Full content URL: https://global.oup.com/academic/product/internatio...

Documents
12_Chap_12_Nollkaemper_njp_03_07_2018[129135].docx

Request a copy
[img] Microsoft Word
12_Chap_12_Nollkaemper_njp_03_07_2018[129135].docx - Whole Document
Restricted to Repository staff only

93kB
Item Type:Book Section
Item Status:Live Archive

Abstract

This chapter reviews domestic cases that address the legality or otherwise of the use of force by states—the jus ad bellum—including military actions undertaken in self-defence, or under United Nations Security Council authority, as well as more contested claims (for example, targeted killings). Two sets of cases are considered: those that amount to a direct challenge to the legality of the use of force by the government of the state, where the court’s major concern is whether it is willing and able to reach decisions on the legality of the use of force given its highly politiciseized nature; and those dealing with indirect challenge or review, where the legality of the war or use of force comes up as a defence or excuse for behaviour, or to support a claim of human rights abuse.

Keywords:use of force, ius ad bellum, military matters, self-defence, targeted killing
Subjects:M Law > M100 Law by area
Divisions:College of Social Science > Lincoln Law School
ID Code:32588
Deposited On:04 Sep 2018 14:45

Repository Staff Only: item control page