Revisiting the Concept of Defence in the Jus Ad Bellum: The Dual Face of Defence

ISBN-13: 9781509906970 / Angielski / Twarda / 2017 / 264 str.

Johanna Friman

Opis

The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a State should today have an explicitly recognized and undisputed right of delimited unilateral defense, not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defense need not forever be confined to self-defence only, wherefore the book proposes that the concept of defense may best be modernized by a clear legal division into responsive and interceptive defense. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, the book further recommends that both responsive and interceptive defense should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognize a dual face of defense: responsive self-defense if an armed attack occurs, and interceptive necessity-defense if a grave and urgent threat of an armed attack occurs. Because without a clarifying and modernizing revision, the concept of defense will become irreparably blurred until ultimately completely dissolved into the ever shifting sands of war. Revised Dissertation. (Series: Studies in International Law, Vol. 66) Subject: Public International Law]