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Military, War, and Peace Commons

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Full-Text Articles in Military, War, and Peace

Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies Jul 2023

Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Aid And Assistance As A “Use Of Force” Under The Jus Ad Bellum, Michael N. Schmitt, W. Casey Biggerstaff Apr 2023

Aid And Assistance As A “Use Of Force” Under The Jus Ad Bellum, Michael N. Schmitt, W. Casey Biggerstaff

International Law Studies

Although the prohibition of the use of force is a cornerstone of international law, our understanding of what constitutes a “use of force” under Article 2(4) of the UN Charter nonetheless continues to evolve. While the term was traditionally understood to mean armed force, emerging interpretations are expanding our understanding of the prohibition’s breadth. The Charter’s text, travaux préparatoires, and subsequent interpretations and practice by States, reinforced by the persuasive reasoning of the International Court of Justice, all confirm that the notion of force extends to indirect force, which includes military support provided to parties to a conflict. Yet, to …