The Principle of Proportionality from a <i>Jus Ad Bellum</i> Perspective

Christodoulidou, Theodora; Chainoglou, Kalliopi

doi:10.1093/law/9780199673049.003.0056

Cited by 20 publications

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“…64 In the early 2000s, the Russian Federation initiated the so-called 'passportisation' policy, i.e. it has taken an increasing number of measures to make it easier for ethnic Russians living in the 56 Christodoulidou and Chainoglou (2015) 1191-92. 57 Gardam (1993) 403.…”

Section: Armed Intervention To Protect Russian Citizens?mentioning

confidence: 99%

War or peace? – International legal issues concerning the use of force in the Russia–Ukraine conflict

Hoffmann

2022

HJLS

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The Russian Federation launched an armed invasion of Ukraine on 24 February 2022, resulting in an international armed conflict of a level unprecedented since the Second World War. This article attempts to clarify the main international legal issues concerning the use of force and the support to of the belligerent parties. In the first part, it evaluates the Russian claims that the use of force is in accordance with the rules of international law, i.e. whether self-defence, the protection of nationals or humanitarian intervention could justify the intervention. In the second part, it investigates whether supporting one of the belligerent parties, especially Ukraine, could amount to a violation of the rules of neutrality or even constitute participation in the Russia–Ukraine conflict.

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Section: Armed Intervention To Protect Russian Citizens?mentioning

confidence: 99%

War or peace? – International legal issues concerning the use of force in the Russia–Ukraine conflict

Hoffmann

2022

HJLS

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“… 72 Christodoulidou and Chainoglou 2015, 1189. For an exception, see the ICJ's discussion in the Armed Activities Case that certain concrete measures ‘would not seem proportionate to the series of transborder attacks’.…”

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“…Christodoulidou and Chainoglou 2015, 1192; Gardam 2004, 172; Kretzmer 2013, 239; Lowe 2005, 193; Ohlin and May 2016, 59.…”

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confidence: 99%

“…See for instance, Nuclear Weapons Advisory Opinion, Dissenting Opinion of Judge Higgins, at 5. 75 Christodoulidou andChainoglou 2015, 1192;Gardam 2004, 172;Kretzmer 2013, 239;Lowe 2005, 193 bellum proportionality of defensive force. These two retreats of international law behind the prerogative of the victim state suggest that, in international law, armed threats resemble community emergencies for the victim state.…”

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Threats to state survival as emergencies in international law

Dill

2023

Int. Theory

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Does international law restrict the use of force by states in self-defense even when their survival is threatened? Should it? To answer these questions, I compare international law to domestic law and develop two ideal-types of emergency: in a ‘subject emergency’ law imposes absolute, justiciable limits on self-defense. In a ‘community emergency’ the sovereign, not law, determines what is necessary for the survival of the community and its legal system: sustaining the rule of law justifies its temporary retreat. I show that international law has elements of both ideal-types. It imposes some absolute limits on self-defense. However, international law also retreats, allowing the victim state to determine the (1) aims, (2) ad bellum proportionality, and (3) end of self-defense, as if armed threats triggered community emergencies. These three retreats serve the function of sustaining the rule of international law over the states at war. Retreats (1) and (3) also help sustain the rule of international law over the international community. That international law does and should not treat armed threats against states simply as subject emergencies, shows it can only sustain the rule of international law in an emergency by retreating. This is a negative litmus test for international law's ability to diffuse anarchy in International Relations.

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War

Clapham¹

2021

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How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive legal rights and obligations. It considers situations that recognize the significance of a Declaration of War or a State of War, both domestically and internationally. It outlines how the institution of War was abolished in the 20th century and replaced with a ban on the use of force. At the same time, international criminal law was developed to prosecute wars of aggression and war crimes. The book highlights how states nevertheless continue to claim that they can resort to the use of force, engage in lawful killings in war, imprison law of war detainees and attack objects that are said to be part of a war-sustaining economy. The book provides an overall account of the laws of war and a detailed inquiry into whether states should be able to continue to claim Belligerent Rights over the enemy and neutrals, including those rights connected to booty and blockade. The book claims that while there is general agreement that War has been abolished as a legal institution for settling disputes, the time has come to admit that the Belligerent Rights that states claim flow from being at war are no longer available. Therefore, claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people’s property or territory.

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The Principle of Proportionality from a Jus Ad Bellum Perspective

Cited by 20 publications

References 0 publications

War or peace? – International legal issues concerning the use of force in the Russia–Ukraine conflict

War or peace? – International legal issues concerning the use of force in the Russia–Ukraine conflict

Threats to state survival as emergencies in international law

War

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