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Cambridge Studies in International and Comparative Law : Necessity, Proportionality and the Use of Force by States Series Number 35 - Judith Gardam

Cambridge Studies in International and Comparative Law

Necessity, Proportionality and the Use of Force by States Series Number 35

Hardcover

Published: 27th December 2004
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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.

"Necessity, Proportionality and the Use of Force by States is essential reading for anyone concerned with the international law on the use of force. It provides detailed analysis not found elsewhere on two of the most important use of force principles in the canon, necessity and proportionality." - Mary Ellen O'Connel, Notre Dame Law School, The American Journal of International Law

Forewordp. xii
Prefacep. xv
Acknowledgmentsp. xix
Table of casesp. xx
List of abbreviationsp. xxii
The place of necessity and proportionality in restraints on the forceful actions of Statesp. 1
Introductionp. 1
Necessityp. 4
Proportionalityp. 8
The practical significance of necessity and proportionality in modern timesp. 19
Necessity, proportionality and the forceful actions of States prior to the adoption of the United Nations Charter in 1945p. 28
Introductionp. 28
The origins of necessity and proportionality in hostile actions between Statesp. 32
War as a sovereign right of States: the demise of ius ad bellump. 38
The revival of ius ad bellum in the twentieth centuryp. 44
Measures short of warp. 46
Proportionality and the emerging independent ius in bellop. 49
Proportionality and IHL between the two World Warsp. 53
Conclusionp. 57
Proportionality and combatants in modern international humanitarian lawp. 59
Introductionp. 59
Developments in weapons controlp. 60
The ambit of the prohibition on superfluous injury and unnecessary sufferingp. 67
The suppression of breaches of the requirements of proportionality with respect to combatantsp. 75
Conclusionp. 84
Proportionality and civilians in modern international humanitarian lawp. 85
Introductionp. 85
Proportionality in the United Nations erap. 88
Proportionality and non-international armed conflictsp. 121
Protocol II to the Conventional Weapons Conventionp. 127
The suppression of breaches of the requirements of proportionality in IHLp. 128
Conclusionp. 135
Necessity, proportionality and the unilateral use of force in the era of the United Nations Charterp. 138
Introductionp. 138
The resort to unilateral force under the United Nations Charterp. 141
The content of necessity in self-defence under the United Nations Charterp. 148
The content of proportionality in self-defence under the United Nations Charterp. 155
Conclusionp. 186
Necessity, proportionality and the United Nations system: collective actions involving the use of forcep. 188
Introductionp. 188
Collective actions involving the use of forcep. 194
Ius ad bellum of enforcement actionsp. 199
Enforcement actions and IHLp. 212
Responsibility for the acts of Chapter VII forcesp. 222
Bibliographyp. 230
Indexp. 247
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521837521
ISBN-10: 0521837529
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 288
Published: 27th December 2004
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.9 x 15.2  x 2.1
Weight (kg): 0.59