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Foreword

Published online by Cambridge University Press:  16 July 2009

Judith Gardam
Affiliation:
University of Adelaide
James Crawford
Affiliation:
Lauterpacht Research Centre for International Law University of Cambridge
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Summary

Those who regard the present as a period when the rules of international law concerning the use of force by States are specially contested are probably new to the field, or have short memories. They have always been contested. This has been so ever since the end of World War I when attempts began to be made to institute, or re-institute, constraints on resort to war. Whether they concerned Korea, Suez, Hungary, Cuba, the Congo, Czechoslovakia, Vietnam, Panama, Grenada, Nicaragua, Iraq or Yugoslavia (to cite some cases since 1945) debates over intervention, pre-emption and anticipatory self-defence have raged. Indeed, they have often seemed little more than a dialogue of the deaf.

Dr Gardam's aim is more restricted and may be correspondingly more determinate. In this well-informed study, she seeks to analyse the specific requirement of proportionality (and the related concept of necessity) as it relates both to the rules relating to the use of force and the rules of international humanitarian law restricting how force should be used in international and increasingly also in internal armed conflict. There is a considerable point to this inquiry. Even when the occasion for the use of force is controversial, as it so often is, the protagonists will assert that their action is limited to what is necessary and is proportionate, and this assertion will often be able to be tested against the facts in a way which does not depend on the underlying controversy about whether force should have been used at all.

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Publisher: Cambridge University Press
Print publication year: 2004

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  • Foreword
    • By James Crawford, Lauterpacht Research Centre for International Law University of Cambridge
  • Judith Gardam, University of Adelaide
  • Book: Necessity, Proportionality and the Use of Force by States
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494178.001
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  • Foreword
    • By James Crawford, Lauterpacht Research Centre for International Law University of Cambridge
  • Judith Gardam, University of Adelaide
  • Book: Necessity, Proportionality and the Use of Force by States
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494178.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Foreword
    • By James Crawford, Lauterpacht Research Centre for International Law University of Cambridge
  • Judith Gardam, University of Adelaide
  • Book: Necessity, Proportionality and the Use of Force by States
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494178.001
Available formats
×