ESIL Interest Group History of International Law

ESIL Interest Group History of International Law
Showing posts with label use of force. Show all posts
Showing posts with label use of force. Show all posts

Thursday, 21 October 2021

BOOK: Agatha VERDEBOUT, Rewriting Histories of the Use of Force The Narrative of ‘Indifference' [Cambridge Studies in International and Comparative Law; 160] (Cambridge: CUP, 2021), ISBN 9781108937375

 

(image source: CUP)

On the book:

It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

On the author:

Agatha Verdebout holds a PhD in Public International Law from the Université Libre de Bruxelles (ULB). Her main research interests lie in critical histories of international law and the use of force. She is the recipient of several prizes, awards and research grants, notably the 2017 Henri Rolin Prize.

(read more here)

Wednesday, 1 July 2020

ADVANCE ARTICLE: Alonso Gurmendi DUNKELBERG, "A legal history of consent and intervention in civil wars in Latin America" (Journal on the Use of Force and International Law)

(image source: Routledge)


Abstract:
Recently, international law has seen renewed interest in the topic of intervention by invitation. Despite this, Latin American views have remained absent from the conversation. This article rediscovers the history of intervention by invitation in Latin American civil wars, focusing specifically on the issue of consent and the role it played in two key events of the region’s early legal history: the War of the Confederation and the Gorostiza Pamphlet affair. It finds that, in those cases, the right of a state to consent to intervention in a civil war was not questioned, but rather, expressly affirmed. In this vein, and despite a lack of more recent practice, while Latin America’s experience with European interventionism indicates a strong tradition of non-interventionism, its experience with civil war seems to point towards a preference for government consent over strict-abstentionism as a guiding principle.
Read more with Taylor&Francis.

Tuesday, 29 May 2018

BOOK: Tom RUYS, Olivier CORTEN & Alexandra HOFER (eds.), The Use of Force in International Law. A Case-Based Approach (Oxford: OUP, 2018), 960 p. ISBN 9780198784364, 49,99 GBP

(image source: OUP)

Book abstract:
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
Table of contents:
 1: Introduction, Tom Ruys, Olivier Corten, and Alexandra Hofer
2: The Caroline Incident - 1837, 
Michael Wood
1 - The Cold War Era (1945-1989)

3: The Korean War - 1950-1953, 
Nigel White
4: The Suez Canal Crisis - 1956, 
Alexandra Hofer
5: The Soviet Intervention in Hungary - 1956, 
Eliav Lieblich
6: The U-2 incident - 1960, 
Ki-Gab Park
7: The Belgian Intervention in The Congo - 1960 and 1964, 
Robert Kolb
8: The Indian Intervention in Goa - 1961, 
Tom Ruys
9: The Cuban Missile Crisis - 1962, 
Alexander Orakhelashvili
10: The Gulf of Tonkin Incident - 1964, 
Douglas Guilfoyle
11: The US Intervention in the Dominican Republic - 1965, 
Christian Walter
12: The Six Day War - 1967, 
John Quigley
13: The Intervention in Czechoslovakia - 1968, 
Gerhard Hafner
14: The USS Pueblo Incident - 1968, 
Wolff Heintschel von Heinegg
15: The Indian Intervention into (East) Pakistan - 1971, 
Dino Kristiotis
16: The Yom Kippur War - 1973, 
François Dubuisson and Vaios Koutroulis
17: Turkey's intervention in Cyprus - 1974, 
Oliver Dörr
18: The Mayaguez Incident - 1975, 
Natalino Ronzitti
19: The Entebbe Raid - 1976, 
Claus Kreß and Benjamin K. Nußberger
20: The Larnaca Incident - 1978, 
Constantine Antonopoulos
21: The Vietnamese Intervention in Cambodia - 1978, 
Gregory H. Fox
22: The Ugandan-Tanzanian War - 1978-1979, 
Kenneth Chan
23: Operation Litani - 1978, 
Myra Williamson
24: The Lebanon War - 1982, 
Myra Williamson
25: The Soviet Intervention in Afghanistan - 1979-1980, 
Georg Nolte and Janina Barkholdt
26: The US Hostage Rescue Operation in Iran - 1980, 
Mathias Forteau and Alison See Ying Xiu
27: The Iran-Iraq War - 1980-1988, 
Andrea de Guttry
28: Israel's Air Strike Against Iraq's Osiraq Nuclear Reactor - 1981, 
Tom Ruys
29: The US Intervention in Nicaragua - 1981-1988, 
Jörg Kammerhofer
30: The Falklands/Malvinas War - 1982, 
Etienne Henry
31: South African Incursions into Lesotho - 1982, 
Theresa Reinold
32: The US Intervention in Grenada - 1983, 
Nabil Hajjami
33: The Israeli Raid Against the PLO Headquarters in Tunis - 1985, 
Erin Pobjie, Fanny Declercq, and Raphaël Van Steenberghe
34: The Killing of Khalil al-Wazir by Israeli Commandos in Tunis - 1988, 
Erin Pobjie, Fanny Declercq, and Raphaël Van Steenberghe
35: The US Strikes Against Libya - 1986, 
Maurice Kamto
36: The US Intervention in Panama - 1989, 
Nicholas Tsagourias
2 - The Post-Cold War Era (1990-2000)

37: The ECOWAS Intervention in Liberia - 1990-1997, 
Ugo Villani
38: The Gulf War - 1990-1991, 
Erika de Wet
39: Intervention in Iraq's Kurdish region and the Creation of the No-Fly Zones in Northern and Southern Iraq - 1991-2003, 
Tarcisio Gazzini
40: The Intervention in Somalia, 
Terry D. Gill and Kinga Tibori-Szabó
41: The Intervention in Bosnia and Herzegovina - 1992-1995, 
Pierre Klein
42: The US Air Strike Against the Iraqi Intelligence Headquarters - 1993, 
Paulina Starski
43: The ECOWAS Intervention in Sierra Leone - 1997-1999, 
Susan Breau
44: The US Strikes in Sudan and Afghanistan - 1998, 
Enzo Cannizzaro and Aurora Rasi
45: The Eritrean-Ethiopian War - 1998-2000, 
Sean D. Murphy
46: The Great African War and the Intervention by Uganda and Rwanda in the Democratic Republic of Congo - 1998-2003, 
James A. Green
47: The Kosovo crisis - 1999, 
Daniel Franchini and Antonios Tzanakopoulos
3 - The Post 9/11-Era (2001-)

48: The Intervention in Afghanistan - 2001-, 
Michael Byers
49: The Iraq War - 2003, 
Marc Weller
50: Israeli Air Strikes in Syria - 2003 and 2007, 
Lindsay Moir
51: The Israeli Intervention in Lebanon - 2006, 
Christian J. Tams and Wenke Brückner
52: The Turkish Intervention Against the PKK in Northern Iraq - 2007-2008, 
Kimberley N. Trapp
53: 'Operation Phoenix' - the Colombian Raid Against the FARC in Ecuador - 2008, 
Mónica Pinto and Marcos Kotlik
54: The Conflict in Georgia - 2008, 
Christine Gray
55: Israeli Military Operations Against Gaza: Operation Cast Lead (2008-2009), Operation Pillar of Defense (2012) and Operation Protective Edge (2014), 
Christian Henderson
56: The NATO Intervention in Libya - 2011, 
Ashley Deeks
57: US Extra-Territorial Actions against Individuals: Bin Laden, Al Awlaki, and Abu Khattalah, 
David Kretzmer
58: The Intervention in Côte d'Ivoire - 2011, 
Dire Tladi
59: The Intervention of the Gulf Cooperation Council in Bahrain - 2011, 
Agatha Verdebout
60: The Ethiopian Military Intervention in Somalia - 2011, 
Jean-Christophe Martin
61: The Intervention of France and African Countries in Mali 2013, 
Karine Bannelier and Théodore Christakis
62: Threats of and Actual Military Strikes against Syria - 2013 and 2017, 
Anne Lagerwall
63: The Crisis in Ukraine - 2014, 
Mary Ellen O'Connell
64: The Military Operations against the 'Islamic State' (ISIL or Da'esh) - 2014, 
Olivier Corten
65: The Saudi-Led Military Intervention in Yemen's Civil War - 2015, 
Luca Ferro and Tom Ruys
66: The ECOWAS Intervention in the Gambia - 2016, 
Mohamed S. Helal

More information with OUP.

BOOK: Robert KOLB, International Law on the Maintenance of Peace. Jus Contra Bellum [Principles of International Law Series] (Cheltenham: E. Elgar 2018), 520 p. GBP 103,5

(image source: E. Elgar)

Book abstract:
The law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects. Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments. Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.
Table of contents:
 Contents: Foreword
PART I General features and historic development of the law of and against war - jus contra bellum
1. General features
2. The historic development of limitations on recourse to force: Main periods in which the jus ad bellum has come under pressure
3. Overview: state of the law in 1939
PART II Powers of the organised collectivity (particularly the UN Security Council)
4. Scheme and structure of the UN Charter 5.
Chapter VII of the Charter: co-ercive powers of the Security Council
5. Executing (through the use of force?) a judgment of the International Court of Justice
6. The exercise of parallel competences by the Security Council and the International Court of Justice
7. The binding character of Security Council decisions under Chapter VII or under Article 94 § 2 of the Charter ; Article 50 of the Charter
8. Classic and robust peacekeeping operations
9. Chapter VII of the Charter and neutrality
PART III The prohibition against the use of force and exceptions for individual States
10. The prohibition against the use of force: Article 2 (4) of the Charter
11. Exceptions to the prohibition against the use of force
12. Peaceful change Bibliography Index