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Prohibited Force
"Erin Pobjie offers an original framework to identify prohibited 'uses of force' under article 2(4) UN Charter and customary international law. With a range of illustrative case studies, Pobjie demonstrates the validity and usefulness of this theoretical framework in real-world practice"--
Prohibited Force
Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force in areas that are usually less studied, such as those that use emerging technology or take place in newer military domains like outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition and its relationship with article 2(4) 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 students, legal scholars, and practitioners.
Victim Advocacy before the International Criminal Court
This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court's List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gende...
COVID-19 and the Scope of the UN Security Council's Mandate to Address Non-traditional Threats to International Peace and Security
In Resolution 2532 (2020), the UN Security Council characterised the COVID-19 pandemic as an endangerment to international peace and security and, for the first time, demanded a general ceasefire and humanitarian pause in armed conflicts across the globe. This article analyses the resolution and its broader implications. In particular, it examines the significance of the Council's characterisation of the COVID-19 pandemic, the binding powers of the Security Council for addressing threats to international peace and security which are not 'threats to the peace', and the implications for the Council's mandate and the collective security framework. This article argues that the concept of 'international peace and security' under article 24(1) of the UN Charter - rather than article 39 'threats to the peace' - is fundamental to the delimitation of the Security Council's mandate and powers for addressing non-traditional threats to international peace and security such as pandemics and the climate crisis.
Prohibited Force
Offers an original framework to identify prohibited 'uses of force' under article 2(4) UN Charter and customary international law.
The Invention of Custom
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral value...
Who Owns Outer Space?
Explores the environmental, safety, and security challenges facing humanity's rapid expansion into Space and proposes actionable solutions.
The UN Security Council and the Maintenance of Peace in a Changing World
How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.
The Use of Force and International Law
Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.
Beyond Imperfect Justice
This book explores the need for greater accessibility, foreseeability, and fair labels in the application of different rules of international criminal law by international and domestic courts.
