Reappraising the Resort to Force: International Law, Jus ad Bellum and the War on Terror

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A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

Reviews

...there is no surer guide to this intricate topic than Lindday Moir's new book on the use of force in international law (jus ad bellum). It is a deceptively short work, running to only 160 pages of text. Yet within this space, Moir manages to address everything one would care to know about this contentious subject, each section weaving its way expertly through the multitude of sources clustered in the footnotes. Robert Whitehouse The Law Society Gazette August 2011 The author employs a writing style that makes the book an enjoyable read without sacrificing depth of analysis. The book is a significant contribution to the emerging debate as to the lasting impact of the USA's actions over the past decade and is a worthwhile read for anyone interested in this area. Christian Henderson Journal of Conflict and Security Law 2010

Author Bio

Lindsay Moir is Professor of International Law at Hull University.