Necessity, Proportionality and the Use of Force by States

Name: Necessity, Proportionality and the Use of Force by States
Price: 64.45 USD
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ISBN: 9780521837521

ISBN-10: 0521837529

ISBN-13: 9780521837521

Edition: 2004

Authors: Judith Gardam, John Bell, James Crawford

List price: $133.00

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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 proportional and necessary. Against the background of these recent armed conflicts, this book offers the first comprehensive assessment of the twin requirements of proportionality and necessity 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.

Book details

List price: $133.00
Copyright year: 2004
Publisher: Cambridge University Press
Publication date: 11/18/2004
Binding: Hardcover
Pages: 288
Size: 6.38" wide x 9.29" long x 0.91" tall
Weight: 1.320
Language: English



Foreword


Preface


Acknowledgments


Table of cases


List of abbreviations



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


Introduction


Necessity


Proportionality


The practical significance of necessity and proportionality in modern times



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


Introduction


The origins of necessity and proportionality in hostile actions between States


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


The revival of ius ad bellum in the twentieth century


Measures short of war


Proportionality and the emerging independent ius in bello


Proportionality and IHL between the two World Wars


Conclusion



Proportionality and combatants in modern international humanitarian law


Introduction


Developments in weapons control


The ambit of the prohibition on superfluous injury and unnecessary suffering


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


Conclusion



Proportionality and civilians in modern international humanitarian law


Introduction


Proportionality in the United Nations era


Proportionality and non-international armed conflicts


Protocol II to the Conventional Weapons Convention


The suppression of breaches of the requirements of proportionality in IHL


Conclusion



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


Introduction


The resort to unilateral force under the United Nations Charter


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


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


Conclusion



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


Introduction


Collective actions involving the use of force


Ius ad bellum of enforcement actions


Enforcement actions and IHL


Responsibility for the acts of Chapter VII forces


Bibliography


Index