Use of Force

Page 1 of 55

Filter category

Feature post image

Does Israel have the right to self-defence – and what are the restrictions?

There has been much focus on Israeli violations of international humanitarian law (jus in bello) and possible genocide in Gaza. Less attention has been paid to Israel’s claim to self-defence (jus ad bellum) against the terrorist attack on 7 October 2023. However, the rules on self-defence address the legality of the overall purpose of the operations and the choice of military strategy. This is different from the lawfulness of the targeting in individual operations as governed by international humanitarian law or of a possible genocidal purpose of the operations. Marko Milanovic [here] has doubted whether the UN Charter prohibition against the use of force and the right to self-defence is applicable, as well as the usefulness of the customary international law restrictions of necessity and proportionality. The content of these restrictions has also been debated by Adil Ahmad Haque [here and here] and Charles Kels [here] and by other authors. I will discuss, in the absence of universal recognition of Palestine as a…

Read more

Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm?

International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of a peremptory or jus cogens norm? The question is unsettled. In the recent set of submissions to the International Court of Justice in the advisory opinion proceeding…

Read more

Eunavfor Aspides and the Ratione Temporis Application of the Right of Self-Defence

The post is based on my previous one “La missione EUNAVFOR Aspides dell’Unione europea e l’applicazione ratione temporis del diritto di legittima difesa”, published (in Italian) on SIDIBlog on March 19, 2024 Introduction On February 19, 2024 the European Union (EU) launched EUNAVFOR Aspides, a military maritime security operation in…

Read more

Preservation of Territorial Integrity – A Substantive Rule under UNCLOS?

The United Nations Convention on the Law of the Sea (UNCLOS) establishes a comprehensive dispute settlement mechanism applicable to any dispute, subject to the exhaustive list of limitations and optional exceptions in Section 3, concerning the interpretation or application of UNCLOS. A complex topic that has arisen in several disputes regarding the application of UNCLOS is how to…

Read more

A reply to Brassat: The Military Strikes Against the Houthis in Yemen and the ‘Fourth Problem’ of Necessity and Proportionality

A few days ago Leonie Brassat published an excellent piece on EJIL Talk! which discussed the possible legal bases upon which the current military strikes against the Houthis in the Red Sea and Yemen might be located. The piece centered on the right of self-defence and set out ‘three problems’ which were focused exclusively on the…

Read more
  • Page 1 of 55
  • Last