States of War: Defensive Force Among Nations

24 Pages Posted: 28 Sep 2011

See all articles by Guyora Binder

Guyora Binder

University at Buffalo Law School

Date Written: 2009

Abstract

In "Defending Humanity: When Force is Justified and Why," George Fletcher and Jens Ohlin analogize international defensive force to individual self-defense. Based on this analogy, Fletcher and Ohlin justify a presumptive right on the part of every state to intervene against aggression, and a right of humanitarian intervention in support of national groups but not populations. They oppose reprisals, preemptive defense, and resistance to invading armies by irregular troops. This review essay argues that the relative weakness of the Security Council, the unequal power of states, and the contingency of international recognition on effective force all undermine the analogy between the position of states in the international order and the position of individuals in a rule of law state. This disanalogy undermines each of Fletcher and Ohlin's policy recommendations.

Keywords: International Law, Law of War, Self-Defense, Kant

Suggested Citation

Binder, Guyora, States of War: Defensive Force Among Nations (2009). Ohio State Journal of Criminal Law, Vol. 7, pp. 439-461, 2009, Buffalo Legal Studies Research Paper No. 2012-024, Available at SSRN: https://ssrn.com/abstract=1934383

Guyora Binder (Contact Author)

University at Buffalo Law School ( email )

528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-2673 (Phone)
716-645-2640 (Fax)

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