FROM THE ARCHIVE:
VOLUME 10 ISSUE 1
Ex iniuria ius oritur: are we moving towards international legitimation of forcible humanitarian countermeasures in the world community?
ARTICLE BY A CASSESE, Cassese comments on the article by Simma, also in this issue, on the legitimacy of the use of force by NATO in the Kosovo crisis. The author agrees with Simma that NATO's action falls outside the scope of the United Nations Charter and, by that token, is illegal under international law. This breach is not a negligible one and it is not to be countenanced merely by referring to its exceptional character and by stating that it should not be seen as setting a precedent. The author explores the notion that NATO's action may nevertheless be taken as evidence of an emerging doctrine in international law allowing the use of forcible countermeasures to impede a state from committing large-scale atrocities on its own territory, in circumstances where the Security Council is incapable of responding adequately to the crisis. The author argues that where a number of stringent conditions are met, a customary rule may emerge which would legitimize the use of force by a group of states in the absence of prior authorization by the Security Council. This is subject to various caveats, including the need to bear in mind the threat to global security which is inevitably involved in the use of force without such authorization.
READ MORE
About the EJIL
Welcome to the website of one of the world’s leading international law journals. The EJIL was established in 1990 by a small group of scholars based at the European University Institute, the Universities of Florence, Munich and Paris II and the Michigan Law School. The Journal has grown since then in size, strength and reputation, but the Editors’ original vision remains unchanged. About the EJIL
The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems
News
- 15/04/2013
Our 24/1 issue, featuring a symposium entitled "Just and Unjust Warriors: Marking the 35th Anniversary of Walzer’s Just and Unjust Wars" is now online.
Due to technical problems on our publisher's server, we are currently unable to display the article abstracts. Technicians are investigating.
The Editorial, a feature article by David Kretzmer and book reviews are available as full text.
Please use this link to access the content, including article abstracts:
http://ejil.oxfordjournals.org/content/current
Keep an eye on our EJIL: Talk! blog for a stimulating debate on the symposium, beginning with in-depth comments on David Kretzmer's article.
In The Current Issue: Vol. 24 (2013) No. 1
Editorial
- Differentiated Statehood? ‘Pre-States’? Palestine@the UN; EJIL and EJIL: Talk!; The Strange Case of Dr. Ivana Radačić; Looking Back at EJIL 2012 – The Stats; Changes in the Masthead – Our Scientific Advisory Board; In this Issue ( abstract) (free fulltext)
Just and Unjust Warriors: Marking the 35th Anniversary of Walzer’s Just and Unjust Wars
- Gabriella Blum, JHH Weiler,
Preface
- Robert Howse,
Thucydides and Just War: How to Begin to Read Walzer’s Just and Unjust Wars (Robert Howse abstract)
- JHH Weiler, Abby Deshman,
Far Be It from Thee to Slay the Righteous with the Wicked: An Historical and Historiographical Sketch of the Bellicose Debate Concerning the Distinction between Jus ad Bellum and Jus in Bello (Abby Deshman abstract)
- Marko Milanovic,
A Non-Response to Weiler and Deshman (Marko Milanovic abstract)
- Terry Nardin,
From Right to Intervene to Duty to Protect: Michael Walzer on Humanitarian Intervention (Terry Nardin abstract)
- Anne Orford,
Moral Internationalism and the Responsibility to Protect (Anne Orford abstract)
- Michael J. Glennon,
Pre-empting Proliferation: International Law, Morality, and Nuclear Weapons (Michael J. Glennon abstract)
- Jack Goldsmith,
How Cyber Changes the Laws of War (Jack Goldsmith abstract)
- Dino Kritsiotis,
Enforced Equations (Dino Kritsiotis abstract)
- Matthew C. Waxman,
Regulating Resort to Force: Form and Substance of the UN Charter Regime (Matthew C. Waxman abstract)
- Olivier Corten,
Regulating Resort to Force: A Response to Matthew Waxman from a ‘Bright-Liner’ (Olivier Corten abstract)
- Paul W. Kahn,
Imagining Warfare (Paul W. Kahn abstract)
- Samuel Moyn,
Drones and Imagination: A Response to Paul Kahn (Samuel Moyn abstract)
- David Kretzmer,
The Inherent Right to Self-Defence and Proportionality in Jus Ad Bellum (David Kretzmer abstract) (free fulltext)
- Georg Nolte,
Multipurpose Self-Defence, Proportionality Disoriented: A Response to David Kretzmer (Georg Nolte abstract)
- Antonia Chayes,
Chapter VII½: Is Jus Post Bellum Possible? (Antonia Chayes abstract)
- Guglielmo Verdirame,
What to Make of Jus Post Bellum: A Response to Antonia Chayes (Guglielmo Verdirame abstract)
- Larry May,
Jus Post Bellum Proportionality and the Fog of War (Larry May abstract)
- Ruti Teitel,
Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May (Ruti Teitel abstract)
- Niaz A. Shah,
The Use of Force under Islamic Law (Niaz A. Shah abstract)
- Andrew F. March, Naz K. Modirzadeh,
Ambivalent Universalism? Jus ad Bellum in Modern Islamic Legal Discourse (Naz K. Modirzadeh abstract)
- Gabriella Blum,
The Fog of Victory (Gabriella Blum abstract)
- Charles J. Dunlap, Jr.,
Some Observations on Gabriella Blum’s ‘Fog of Victory’ (Charles J. Dunlap, Jr. abstract)
- Michael Walzer,
Coda: Can the Good Guys Win? (Michael Walzer abstract)
Roaming Charges : Moments of Dignity: The Pawnbroker, Singapore
- Roaming Charges: Moments of Dignity: The Pawnbroker, Singapore
Book Reviews
The Last Page
- Charlotte Innes,
Burrough Hill
Latest from EJIL:Talk
21/05/2013
MARKO MILANOVIC
16/05/2013
THEODORE CHRISTAKIS
16/05/2013
MARKO MILANOVIC
10/05/2013
MARKO MILANOVIC
09/05/2013
MARKO MILANOVIC
09/05/2013
MARKO MILANOVIC
05/05/2013
ANTONIOS TZANAKOPOULOS
