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
Date Written: 2005
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.
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