Military Assistance on Request and General Reasons Against Force: Consent as a Justification for the Use of Force

Journal on the Use of Force in International Law

University of Cambridge Faculty of Law Research Paper No. 28/2020

48 Pages Posted: 5 Aug 2020

See all articles by Federica Paddeu

Federica Paddeu

Queens' College, University of Cambridge

Date Written: August 4, 2020

Abstract

Is consent a defence or part of the definition of the prohibition of force? The mainstream answer has been to read (non)consent into the definition of the prohibition. The rule would thus prohibit only non-consensual force. In this article, I challenge this approach. This approach implies that there is no general reason against force in international society, that consensual force is not harmful and does not call for justification. And yet, the use of force, whether internal or international, always harms or threatens harm to international peace - the paramount purpose of the United Nations, so that maintaining international peace must count as a general reason against force. Moreover, international actors offer and expect justifications whenever force is used, including with consent. To reflect the general reason against force, the prohibition must exclude consent from its definition. Consent must be recast as a defence.

Keywords: use of force, consent, intervention by invitation, exceptions, defences

Suggested Citation

Paddeu, Federica, Military Assistance on Request and General Reasons Against Force: Consent as a Justification for the Use of Force (August 4, 2020). Journal on the Use of Force in International Law, University of Cambridge Faculty of Law Research Paper No. 28/2020, Available at SSRN: https://ssrn.com/abstract=3666909

Federica Paddeu (Contact Author)

Queens' College, University of Cambridge ( email )

Silver Street
Cambridge, CB3 9ET
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/fi-paddeu/2208

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

Paper statistics

Downloads
146
Abstract Views
739
rank
257,400
PlumX Metrics