Contents
Series Editor's Preface;
Foreword by Bruno Simma;
Acknowledgments;
Tables of Cases;
Introduction;
1 A Choice of Method;
The Terms of the Methodological Debate on the Non-Use of Force: the Extensive Versus the Restrictive Approach;
A. The Extensive Approach to the Customary Prohibition of the Use of Force;
B. The Restrictive Approach to the Customary Prohibition of the Use of Force;
II Methodological Approach of this Book;
A. Reliance on a Novel Right;
B. The Acceptance of the Modification of the Legal Rule by the International Community of States as a Whole;
2 What do 'Use of Force' and 'Threat of Force' mean?
What does 'Force' mean?
A. The Boundary between Military Force and Police Measures;
B. Determining the Threshold: 'Force' within the Meaning of Article 2 (4) of the Charter;
II What does Threat of Force' mean?
A. The Restrictive Meaning of 'Threat' under Article 2(4) of the Charter;
B. The Scope of the Prohibition of Threat: the Absence of any Specific Regime for the Contemplated Use of Force;
3 Do the Prohibition of the Use of Force and Self-defence Apply to Non-State Actors?
Exclusion of Non-State Political Entities from the Rule's Scope of Application;
A. Inapplicability of the Rule Prohibiting the Use of Force to Civil Wars;
B. Inapplicability of the Rule to National Liberation Struggles;
C. The Case of Territories with Entities of Controversial Legal Status;
II Exclusion of Private Groups from the Rule's Scope of Application;
A. Maintaining 'International Relations' as Relations among States: the Letter and Spirit of the Rule;
B. Maintaining 'International Relations' as Relations between States: the Interpretation of Texts in Practice;
C. Maintaining 'International Relations' as Relations between States: the Works of the International Law Commission and of the International Court of Justice;
4 Can Circumstances Precluding Unlawfulness be Invoked to Justify a Use of Force?
I. Inadmissibility in Principle;
A. The Peremptory Character of the Rule in Article 2 (4) of the Charter;
B. Inadmissibility of Circumstances Precluding Unlawfulness Not Provided for by the Charter;
II. Inadmissibility Confirmed in Practice;
A. Precedents Attesting to States' General Reluctance to Invoke Circumstances Precl~ding Unlawfulness;
B. Precedents Attesting Unequivocal Condemnation of Armed Reprisals;
C. The Rare Precedents where Circumstances Precluding Unlawfulness have been Invoked to Justify the Use of Force;
5 Intervention by Invitation;
I.The General Legal Regime of Military Intervention by Invitation;
A. The Possibility of Consenting to Armed Intervention within the Limits of Peremptory Law (Jus Cogens);
B. The Requirement for Consent of the State's Highest Authorities;
C. The Existence of 'Validly Given' Consent;
II The Legal Regime of Military Intervention by Invitation in an Internal Conflict;
A. The Problem of Concurrent Governments;
B. The Problem of the Purpose of the Intervention by Invitation;
6 Intervention Authorised by the UN Security Council;
I. The General Legal Regime of Authorised Military Intervention;
A. The Lawfulness of Military Intervention Authorised by the Security Council;
B. The Unlawfulness of Military Intervention 'Authorised' by Another UN Body or by Another Subject of International Law;
II The Problem of Presumed Authorisation;
A. The Absence of Recognition of Presumed Authorisation in Practice;
B. Refusals and Obstacles of Principle to Recognition of a Presumed Authorisation;
7 Self-Defence;
I. Armed Attack' According to Article 51 of the Charter;
A. 'Preventive Self-Defence' Theories;
B. The Question of 'Indirect Aggression';
II Necessity and Proportionality;
A.The Limit of Necessary Measures Adopted by the Security Council;
B. The General Meaning of Conditions of Necessity and Proportionality;
8 A Right of Humanitarian Intervention?
I.Non-Recognition in Legal Texts;
A. The Dismissal of the Right of Humanitarian Intervention in Classical Legal Texts;
B. The Persistent Refusal to Accept a 'Right of Humanitarian Intervention';
II The Non-Existence of Decisive Precedents;
A. The Absence of Consecration of a Right of Humanitarian Intervention before 1990;
B. The Absence of Consecration of a Right of Humanitarian Intervention since 1990;
Conclusion;
Selected Reading;
Index