Prohibited Force
The Meaning of ‘Use of Force' in International Law

Offers an original framework to identify prohibited 'uses of force' under article 2(4) UN Charter and customary international law.

Erin Pobjie (Author)

9781316516973, Cambridge University Press

Hardback, published 29 February 2024

278 pages
23.5 x 15.8 x 2 cm, 0.56 kg

'This expertly researched and argued text is already sure to prove invaluable for decision-makers at all levels.' Andrew Clapham, Professor of International Law at the Geneva Graduate Institute and the author of War (OUP, 2021)

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, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force 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 legal scholars, practitioners and students. This title is also available as Open Access on Cambridge Core.

Introduction
Part I. Treaty vs Custom: Introduction 1. How and when did the customary prohibition of the use of force emerge? The status of the customary norm pre-1945
2. Baxter's paradox and the customary prohibition of the use of force
3. The relationship between the customary prohibition of the use of force and article 2(4) of the UN Charter
Part II. Elements of Prohibited Force: Introduction 4. Contextual elements of a prohibited 'use of force' – international relations
5. Elements of 'use of force' – Means
6. Elements of 'use of force' – Effects, gravity and intention
Part III. Defining Prohibited Force: 7. Anomalous examples of 'use of force' and non-'use of force' under article 2(4) of the UN Charter
8. The meaning of prohibited 'use of force' in international law
Conclusion: a definition of prohibited 'use of force'
Bibliography
Index.

Subject Areas: International humanitarian law [LBBS]