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Conclusion

from Part III - Exceptions to the prohibition of the use of inter-State force

Published online by Cambridge University Press:  05 June 2012

Yoram Dinstein
Affiliation:
Tel-Aviv University
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Summary

933. The use of force in international relations is currently forbidden by both the United Nations Charter and customary international law (except within the prescribed circumference of collective security and self-defence): aggression even constitutes a crime. The legal proscription of inter-State force – particularly in the form of an outright war – forms the bedrock of the contemporary international legal system. Admittedly, to date, the prohibition has not had a profound impact on the actual conduct of States. As of now, its imprint has been more noticeable in the vocabulary of States. An international climate has been generated in which the term ‘war’ has an unsavoury connotation. Hence, while States continue to wage war, they prefer taking the moral high ground and describe their activities in palatable euphemisms. One may say, in a combination of cynicism and realism, that so far the legal abolition of war has stamped out not wars but declarations of war. This lip-service to the cause of peace may be hypocritical. However, as pithily put by La Rochefoucauld, ‘l’hypocrisie est un hommage que le vice rend à la vertu’. The recognition of virtue is an indispensable first step without which no vice is likely to be eliminated.

934. All the same, a taboo on the use of the word ‘war’ in legal analysis makes no sense at all. The fact that war is banished linguistically will not make it vanish empirically. Whether we employ this or that phrase does not alter the incontrovertible truth that comprehensive armed conflicts still permeate international relations. If the phenomenon of war is to be eradicated, it must be faced and not ignored. Otherwise, all that we are left with is hypocrisy.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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References

Holsti, K. J. The State, War, and the State of War 210 1996
Rochefoucauld, La Oeuvres Complètes 432 Gallimard, 1964
Baxter, R. R. The Law of War 62 ILS 209 Lillich, R. R. Moore, J. N. 1980 Google Scholar
Jennings, R. Y. General Course on Principles of International Law 121 RCADI 584 1967 Google Scholar

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  • Conclusion
  • Yoram Dinstein, Tel-Aviv University
  • Book: War, Aggression and Self-Defence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920622.017
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  • Conclusion
  • Yoram Dinstein, Tel-Aviv University
  • Book: War, Aggression and Self-Defence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920622.017
Available formats
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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.

  • Conclusion
  • Yoram Dinstein, Tel-Aviv University
  • Book: War, Aggression and Self-Defence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920622.017
Available formats
×