Necessity, proportionality, and the use of force by states / Judith Gardam.
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 neces...
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| Format: | Ebook |
| Language: | English |
| Published: |
Cambridge ; New York :
Cambridge University Press,
2004.
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| Series: | Cambridge studies in international and comparative law (Cambridge, England : 1996).
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| Subjects: | |
| Online Access: | Cambridge Books on Core Contributor biographical information |
Table of Contents:
- The place of necessity and proportionality in restraints on the forceful actions of States
- Necessity
- Proportionality
- The practical significance of necessity and proportionality in modern times
- Necessity, proportionality and the forceful actions of States prior to the adoption of the United Nations Charter in 1945
- The origins of necessity and proportionality in hostile actions between States
- War as a sovereign right of States: the demise of ius ad bellum
- The revival of ius ad bellum in the twentieth century
- Measures short of war
- Proportionality and the emerging independent ius in bello
- Proportionality and IHL between the two World Wars
- Proportionality and combatants in modern international humanitarian law
- Developments in weapons control
- The ambit of the prohibition on superfluous injury and unnecessary suffering
- The suppression of breaches of the requirements of proportionality with respect to combatants
- Proportionality and civilians in modern international humanitarian law
- Proportionality in the United Nations era
- Proportionality and non-international armed conflicts
- Protocol II to the Conventional Weapons Convention
- The suppression of breaches of the requirements of proportionality in IHL
- Necessity, proportionality and the unilateral use of force in the era of the United Nations Charter
- The resort to unilateral force under the United Nations Charter
- The content of necessity in self-defence under the United Nations Charter.