Necessity, Proportionality and the Use of Force by States
Part of Cambridge Studies in International and Comparative Law
- Author: Judith Gardam, University of Adelaide
- Date Published: July 2011
- availability: Available
- format: Paperback
- isbn: 9780521173490
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There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Read more- Of broad, international interest, as it examines examples of the application of the use of force in the context of armed conflicts such as Kosovo, Afghanistan, and Iraq
- Offered the first comprehensive assessment of the detailed operation of the restraints of proportionality and necessity in the context of the use of force by States
- Written by an acknowledged leading international expert in the field of the protection of civilians in times of armed conflict
Reviews & endorsements
"Necessity, Proportionality and the Use of Force by States is essential reading for anyone concerned with the international law on the use of force. It provides detailed analysis not found elsewhere on two of the most important use of force principles in the canon, necessity and proportionality." - Mary Ellen O'Connel, Notre Dame Law School, The American Journal of International Law
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×Product details
- Date Published: July 2011
- format: Paperback
- isbn: 9780521173490
- length: 288 pages
- dimensions: 229 x 152 x 17 mm
- weight: 0.43kg
- availability: Available
Table of Contents
Acknowledgments
Table of cases
List of abbreviations
Preface
1. The place of necessity and proportionality in restraints on the forceful actions of states
2. Necessity, proportionality and the forceful actions of states prior to the adoption of the United Nations Charter in 1945
3. Proportionality and combatants in modern international humanitarian law
4. Proportionality and civilians in modern international humanitarian law
5. Necessity, proportionality and the unilateral use of force in the era of the United Nations Charter
6. Necessity, proportionality and the United Nations system: collective actions involving the use of force
Bibliography
Index.
Related Books
related journals
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