Necessity, proportionality and the use of force by States / Judith Gardam.

Format:

Book

Author/Creator:

Gardam, Judith Gail.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996)

Cambridge studies in international and comparative law

Language:

English

Subjects (All):

War (International law).

Necessity (International law).

Proportionality in law.

Physical Description:

xxiii, 259 pages ; 24 cm.

Place of Publication:

Cambridge ; New York : Cambridge University Press, 2004.

Summary:

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both necessary and proportional. Against the background of these recent armed conflicts, this book offers the first comprehensive assessment of the twin requirements of necessity and proportionality as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Contents:

1 The place of necessity and proportionality in restraints on the forceful actions of States 1

Necessity 4

Proportionality 8

The practical significance of necessity and proportionality in modern times 19

2 Necessity, proportionality and the forceful actions of States prior to the adoption of the United Nations Charter in 1945 28

The origins of necessity and proportionality in hostile actions between States 32

War as a sovereign right of States: the demise of ius ad bellum 38

The revival of ius ad bellum in the twentieth century 44

Measures short of war 46

Proportionality and the emerging independent ius in bello 49

Proportionality and IHL between the two World Wars 53

3 Proportionality and combatants in modern international humanitarian law 59

Developments in weapons control 60

The ambit of the prohibition on superfluous injury and unnecessary suffering 67

The suppression of breaches of the requirements of proportionality with respect to combatants 75

4 Proportionality and civilians in modern international humanitarian law 85

Proportionality in the United Nations era 88

Proportionality and non-international armed conflicts 121

Protocol II to the Conventional Weapons Convention 127

The suppression of breaches of the requirements of proportionality in IHL 128

5 Necessity, proportionality and the unilateral use of force in the era of the United Nations Charter 138

The resort to unilateral force under the United Nations Charter 141

The content of necessity in self-defence under the United Nations Charter 148

The content of proportionality in self-defence under the United Nations Charter 155

6 Necessity, proportionality and the United Nations system: collective actions involving the use of force 188

Collective actions involving the use of force 194

Ius ad bellum of enforcement actions 199

Enforcement actions and IHL 212

Responsibility for the acts of Chapter VII forces 222.

Notes:

Includes bibliographical references (pages 230-246) and index.

ISBN:

0521837529

OCLC:

54611303

Online:

Publisher description