Breach and Evolution of the International Customary Law on the Use of Force

Enzo Cannizaro and Paolo Palchetti (Eds.), Customary International Law on the Use of Force : A Methodological Approach, Leiden/Boston, Martinus Nijhoff, 2005

Posted: 12 Apr 2013

See all articles by Olivier Corten

Olivier Corten

Université Libre de Bruxelles (ULB)

Date Written: 2005

Abstract

Over the past few years, legal controversies regarding military interventions carried out without an express authorization oft he Security Council have multiplied, in particular in relation to the interventions in Yugoslavia, Afghanistan, or Iraq. These con­troversies have essentially related to the issue of the actions’ conformity with international conventional law and international customary law prohibiting the use of force. Another aspect of the debate refers to a classic problem within the domain of resort to force: supposing breach of the rule is established, can it generate an evolution of this rule? This second issue is entirely different from the first. It does not depend on the question of the lawfulness, in casu, of an armed attack, and is not consequently tied to an opération of a judiciall nature, tending to judge a state’s conduct.

Suggested Citation

Corten, Olivier, Breach and Evolution of the International Customary Law on the Use of Force (2005). Enzo Cannizaro and Paolo Palchetti (Eds.), Customary International Law on the Use of Force : A Methodological Approach, Leiden/Boston, Martinus Nijhoff, 2005, Available at SSRN: https://ssrn.com/abstract=2247962

Olivier Corten (Contact Author)

Université Libre de Bruxelles (ULB) ( email )

CP 132 Av FD Roosevelt 50
Brussels, Brussels 1050
Belgium

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
373
PlumX Metrics