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Tag Archive: Jus ad Bellum

Fragmented Wars: International Law and Multi-Territorial Conflict Against Non-State Armed Groups

 

The legal issues surrounding military operations against non-State armed groups abroad are continuing to generate policy and legal debates. In an article just published in International Law Studies, I examined several questions arising, looking at the ius ad bellum (when a State may lawfully resort to military force), ius in bello (the rules that apply once hostilities exist), and the interplay with human rights.…   continue »

The United Kingdom’s “Modern Law of Self-Defence”—Part I

 

On Wednesday, Jeremy Wright QC MP, the Attorney General of the United Kingdom, gave a speech intended to clarify his government’s understanding of the international law framework governing the use of armed force. The United Nations Charter recognizes the inherent right of States to use force in self-defense “if an armed attack occurs.” Importantly, the UK takes the view that States may use force in anticipatory self-defense to prevent imminent armed attacks before they occur.…   continue »

Category Mistake: There Is No Jus ad Bellum for Use of Force Against Non-State Actors

From South Asia to Europe and beyond, government lawyers have to inquire as to when a State is legally justified in resorting to military force against a non-State actor. What body of law do they apply in answering these queries? Unfortunately some discussions in this legal space risk applying inapplicable bodies of law due to conflation with the more familiar legal regime governing resort to force between States, and we hope in the following analysis to provide some clarity.…   continue »