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20 - The Use of Force

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

By
Alejandro Chehtman
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The chapter examines the ICJ’s contribution to the law on the use of force. The author considers the Court’s case law on the prohibition of the use of force and its potential exceptions, most notably the law on individual and collective self-defence. He identifies the main conceptualisations, inconsistencies, disagreements, and limitations of the Court’s opinions, arguing that although the Court initially had a significant influence, it has faded significantly over the years as a result of what appears to be a conscious or strategic decision of its judges.

Keywords

prohibition of the use forceindividual self-defencecollective self-defencenecessityproportionalityState consentUN Security Council authorisationhumanitarian interventionpro-democratic interventionprotection of nationals
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 448 - 469
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Brunnée, J. and Toope, S., ‘Self-Defence against Non-State Actors: Are Powerful States Willing but Unable to Change International Law?’, 67 ICLQ (2018) 263.CrossRefGoogle Scholar
Dannembaum, T., The Crime of Aggression, Humanity, and the Soldier (Cambridge University Press, 2018).Google Scholar
Gray, C., International Law and The Use of Force (4th ed., Oxford University Press, 2018).Google Scholar
Heathcote, G., The Law on the Use of Force: A Feminist Analysis (Routledge, 2012).Google Scholar
Ruys, T., ‘Armed Attack’ and Article 51 of the UN Charter (CUP, 2010).Google Scholar

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