Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-v9fdk Total loading time: 0 Render date: 2024-11-10T08:15:14.340Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×