Below you will find a part of the introduction. To read the publication in its entirety, please download the PDF version here.
This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article () and identifies the elements of a prohibited ‘use of force’. In a major contribution to the scholarship, the book proposes a framework that defines a ‘use of force’ in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students. This title is also available as Open Access on Cambridge Core.
This book addresses the fundamental question: what is the meaning of a prohibited ‘use of force’ between States under international law? The focus is on the interpretation of the term ‘use of force’ as such in jus contra bellum. Some of the fundamental grey areas regarding the meaning of ‘use of force’ that will be addressed include the following:
- Does ‘force’ mean physical/armed force only, and are kinetic means or the use of particular weapons required?
- Is a (potential) physical effect required? What is the required nature of such effects: must they be permanent, what object or target must experience the effect and what is the required level of directness between the means employed and these effects?
- Is there a gravity threshold below which a forcible act violates international law but does not violate the prohibition of the use of force in article () of the UN Charter? If there is such a threshold, how low is it? Does mere unauthorised presence of a State’s armed forces in the territory of another State suffice?
- Is a coercive intent required in order for conduct to qualify as a prohibited ‘use of force’? Or are forcible acts which are unintentional, mistaken or with a limited purpose also prohibited by article ()?
- Does the jus contra bellum govern a State using force in response to a small-scale incursion within its territory, such as a small troop of soldiers crossing the border, unauthorised overflight of a military aircraft, or a submerged submarine passing through its territorial waters? States have the right to respond to such incursions but on what legal basis?
- What distinguishes a prohibited ‘use of force’ under article () from police measures against civil aircraft or merchant vessels registered to another State, either within a State’s own territory or outside its territory (e.g. within the territory of another State, or beyond)? When does the exercising by a State of its sovereign rights within its own jurisdiction become a prohibited use of force?
