Reinterpretation of Jurisprudence of the Employment of Force: An Analysis Based on International Treaties, International Legal Precedents and Doctrines

Research Article
Open access

Reinterpretation of Jurisprudence of the Employment of Force: An Analysis Based on International Treaties, International Legal Precedents and Doctrines

Yifei Zhu 1*
  • 1 Zhongnan University of Economics and Law    
  • *corresponding author 32640370@STUDENT.WUST.EDU.PL
Published on 26 October 2023 | https://doi.org/10.54254/2753-7048/17/20231247
LNEP Vol.17
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-059-2
ISBN (Online): 978-1-83558-060-8

Abstract

The employment of force has always been a significant concern in international law. The advancements in science and technology, along with the diversification of combat methods, has significantly enriched the connotation and extension of the employment of force and its related concepts. Although the employment of force is no longer confined to weapons, it is essential to uphold the principles established in the UN Charter and essential international legal precedents. On that basis, it is important to consider the specific military conflicts currently taking place, which raises questions regarding the legality of the employment of force and the resulting responsibility in international conflicts. In terms of legality, the employment of force is generally forbidden in the UN Charter, with two exceptions: self-defense and actions taken by the Security Council. Nevertheless, the legality of these two situations remains ambiguous and requires further clarification through international treaties and legal precedents. Regarding responsibility, while states and individuals may be responsible for the consequences of armed conflicts in certain circumstances, the issue of attribution in armed conflict necessitates further discussion and analysis. This article will use two methods, legal analysis and case study, to illustrate the above problems.

Keywords:

use of force, legality, responsibility, legal analysis, case study

Zhu,Y. (2023). Reinterpretation of Jurisprudence of the Employment of Force: An Analysis Based on International Treaties, International Legal Precedents and Doctrines. Lecture Notes in Education Psychology and Public Media,17,186-192.
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References

[1]. Bryan A. Garner. (2004) Black’s Law Dictionary. Stamford: Thomson West.

[2]. Malcolm N. Shaw. (2008) International Law. Cambridge: Cambridge University Press.

[3]. James Crawford. (2019) Brownlie’s Principles of Public International Law. Oxford: OUP Oxford.

[4]. Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgement, I.C.J. Reports 1986, p.14., para. 242.

[5]. J. Pictet. (1986) Commentary on the Geneva Conventions of 12 August 1949. Cambridge: Cambridge University Press.

[6]. Ian Brownlie. (1963) International Law and the Use of Force by States. Oxford: Clarendon Press.

[7]. Wild, D. W. BOWETT. (1959) Self-Defense in International Law, Great Britain. Annals of the American Academy of Political & Social Science, 321(1), 149-150.

[8]. Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226., para.26-36.

[9]. Wilmshurst, E. (2006) The Chatham House Principles of International Law on the employment of Force in Self-Defence, International & Comparative Law Quarterly, 55(4), 963-972.

[10]. Corfu Channel case, Judgment, I.C. J. Reports 1949, p. 4.

[11]. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment, I.C.J. Reports 2005, p. 168., para. 55-71.

[12]. Blokker, N. (2000) Is the authorization authorized powers and practice of the un security council to authorize the employment of force by coalitions of the able and willing. European Journal of International Law, 11(3), 541-568.

[13]. Application of the Convention on the Prevention and Punishment of the Crime of Genocide, Order, I.C.J. Reports 1993, p. 29.

[14]. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43., para.245-277.

[15]. Otto Triffterer. (2008) Commentary on the Rome Statute of the International Criminal Court. Oxford: Hart Publishing.


Cite this article

Zhu,Y. (2023). Reinterpretation of Jurisprudence of the Employment of Force: An Analysis Based on International Treaties, International Legal Precedents and Doctrines. Lecture Notes in Education Psychology and Public Media,17,186-192.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

ISBN:978-1-83558-059-2(Print) / 978-1-83558-060-8(Online)
Editor:Javier Cifuentes-Faura, Enrique Mallen
Conference website: https://www.iceipi.org/
Conference date: 7 August 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.17
ISSN:2753-7048(Print) / 2753-7056(Online)

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References

[1]. Bryan A. Garner. (2004) Black’s Law Dictionary. Stamford: Thomson West.

[2]. Malcolm N. Shaw. (2008) International Law. Cambridge: Cambridge University Press.

[3]. James Crawford. (2019) Brownlie’s Principles of Public International Law. Oxford: OUP Oxford.

[4]. Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgement, I.C.J. Reports 1986, p.14., para. 242.

[5]. J. Pictet. (1986) Commentary on the Geneva Conventions of 12 August 1949. Cambridge: Cambridge University Press.

[6]. Ian Brownlie. (1963) International Law and the Use of Force by States. Oxford: Clarendon Press.

[7]. Wild, D. W. BOWETT. (1959) Self-Defense in International Law, Great Britain. Annals of the American Academy of Political & Social Science, 321(1), 149-150.

[8]. Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226., para.26-36.

[9]. Wilmshurst, E. (2006) The Chatham House Principles of International Law on the employment of Force in Self-Defence, International & Comparative Law Quarterly, 55(4), 963-972.

[10]. Corfu Channel case, Judgment, I.C. J. Reports 1949, p. 4.

[11]. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment, I.C.J. Reports 2005, p. 168., para. 55-71.

[12]. Blokker, N. (2000) Is the authorization authorized powers and practice of the un security council to authorize the employment of force by coalitions of the able and willing. European Journal of International Law, 11(3), 541-568.

[13]. Application of the Convention on the Prevention and Punishment of the Crime of Genocide, Order, I.C.J. Reports 1993, p. 29.

[14]. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43., para.245-277.

[15]. Otto Triffterer. (2008) Commentary on the Rome Statute of the International Criminal Court. Oxford: Hart Publishing.