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The Use of Force in International Law

Module description

In this module you will explore the legal framework governing when states may have recourse to armed force in their international relations (the ‘jus ad bellum’). This is one of the most controversial subjects of international law. The UN Charter’s general prohibition of the use of force is widely regarded as one of the core principles of the international legal order, yet no consensus exists regarding its precise content and scope. Recent military interventions, in particular in the context of the ‘war on terror’, have deeply divided the international community. Against this background, you will explore some of the most contentious topics of debate. Do states enjoy a right of anticipatory self-defence against future threats? Are they entitled to target non-state actors operating from the territory of other states? Does the international community have a duty to use force to prevent mass atrocities, such as genocide? You will also consider the ability of the UN Security Council to authorize force and the criminalization of aggressive wars. In addressing these issues, the module will introduce you to case studies of recent military interventions in order to place the rules governing the use of force within their strategic context. This approach will enable you to gain a comprehensive and contextual understanding of the law and its limitations.

Students enrolled on this module are Student Members of the Exeter Centre for International Law and are expected to participate in relevant events of the Centre as part of this module.

Module aims - intentions of the module

The module aims to equip you with a detailed and critical understanding of the legal regime governing the use of force in international relations. By studying the law within its strategic context, the module also aims to provide you with an understanding of the challenges posed by the regulation of warfare and the limitations of international law.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate comprehensive knowledge of the rules of international law governing the use of force, including detailed knowledge of the core legal concepts applicable in this area;
• 2. demonstrate critical understanding of the contemporary challenges facing the prohibition of the use of force in international law;

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. develop, apply and critically assess international legal arguments, using a wide range of appropriate primary materials and advanced scholarship;
• 4. demonstrate critical understanding of the relationship between the different branches and sources of rules of law, including potential norm conflicts, and between legal and non-legal considerations impacting on legal argument and advice;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. process and evaluate effectively a substantial body of complex and sometimes contradictory legal and non-legal information;
• 6. communicate and engage in debate effectively and accurately.
• 7. work independently, within a limited time frame, to complete a specified task.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• Just war and the jus ad bellum
• The prohibition of the use of force
• Self-defence: principles and elements
• Self-defence against non-state actors
• Anticipatory self-defence
• Humanitarian intervention and R2P
• Collective security and the UN Security Council
• Enforcement action under the UN Charter
• Criminalization of aggressive war

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

Y. Dinstein, War, Aggression and Self-Defence (6^th edn, CUP 2017)

C. Gray, International Law and the Use of Force (4^th edn, OUP 2018)

T. Ruys, 'Armed Attack' and Article 51 of the UN Charter (CUP 2011)

C. Henderson, The Use of Force and International Law (CUP 2018)

T. Ruys and O. Corten (eds) with A. Hofer, The Use of Force in International Law: A Case-Based Approach (OUP 2018)

Indicative learning resources - Web based and electronic resources

United Nations: www.un.org/en/

International Court of Justice: http://www.icj-cij.org/homepage/index.php?lang=en

HeinOnline: http://heinonline.org/

Opinio Juris (blog): http://opiniojuris.org/

EJIL:Talk! (blog): http://www.ejiltalk.org/

Just Security (blog): https://www.justsecurity.org/

Key words search

Use of force, self-defence, armed attack, collective security, armed conflict, public international law, jus ad bellum