• Home
• Study
• Study Information
• Modules
• Module Information

The Use of Force in International Law

Module description

In this module you will explore the international legal framework governing when states may have recourse to armed force in their international relations (the ‘jus ad bellum’). You will focus on the prohibition on the use of force contained in the UN Charter, as well as the exceptions thereto, namely force authorized by the UN Security Council and a state’s inherent right of self-defence. You will tackle controversial topics like anticipatory self-defence, humanitarian intervention, and the threat of international terrorism. In addressing these issues, you will consider relevant case studies, enabling you to understand the law and its limitations.

Module aims - intentions of the module

The module aims to equip you with a detailed and critical understanding of the law 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 and secondary materials;
• 4. demonstrate critical understanding of the relationship between the different branches and sources of rules of law, 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 effectively evaluate a substantial body of complex and sometimes contradictory legal and non-legal information;
• 6. communicate and engage in debate accurately and effectively;
• 7. work independently, within a limited time frame, to complete a specified task.

Syllabus plan

While 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 contemporary 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
• Collective security and the UN Security Council
• Enforcement action under the UN Charter

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

• HeinOnline: http://heinonline.org/
• International Court of Justice: http://www.icj-cij.org/homepage/index.php?lang=en
• EJIL:Talk! (blog): http://www.ejiltalk.org/
• Just Security (blog): https://www.justsecurity.org/
• Opinio Juris (blog): http://opiniojuris.org/
• United Nations: www.un.org/en/

Key words search

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