Cambridge University Press, 2001. 300 p.
Yoram Dinstein’s seminal textbook is an essential guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This revised third edition incorporates new material on the Kosovo air campaign, ‘humanitarian intervention’, recent resolutions adopted by the Security Council, and the latest pronouncements of the Inteational Court of Justice and the Inteational Criminal Tribunal for the Former Yugoslavia.
Also discussed are new treaties, including the 1998 Rome Statute on the Inteational Criminal Court, and current studies of the Inteational Law Commission. In addition, supplementary sections consider, for example, enforcement action carried out by regional organizations under the authority of the Security Council. War, Aggression and Self-Defence remains a comprehensive and highly readable introduction to the legal issues surrounding war and self-defence, and continues to
provide an indispensable tool for students and practitioners of inteational law, inteational relations and military studies.
The legal nature of war
What is war?
The defnition of war
Status mixtus
The region of war
Neutrality
The course of war
The beginning of war
The termination of war
The suspension of hostilities
The illegality of war
A historical perspective of the legal status of war
The ‘just war’ doctrine in the past
Recent concepts of ‘just war’
The extra-legality of war
The legality of war
Exceptions to the general liberty to go to war
The contemporary prohibition of the use of inter-State force
The Kellogg–Briand Pact
The Charter of the United Nations
Customary inteational law
Treaties other than the Pact and the Charter
The prohibition of the use of inter-State force as jus cogens
State responsibility
The criminality of war of aggression
War of aggression as a crime against peace
The defnition of aggression
Individual responsibility for crimes against peace
Controversial consequences of the change in the legal status of war
War in the technical sense
Inconclusive ‘police action’
Equal application of the jus in bello
Impartial neutrality
Territorial changes
Exceptions to the prohibition of the use of inter-State forceThe concept of self-defence 159
The right of self-defence
Self-defence as a response to an armed attack
Conditions precedent to the exercise of self-defence
The role of the Security Council
The modality of individual self-defence
Self-defence in response to an armed attack by a State
Self-defence in response to an armed attack from a State
Collective self-defence
The meaning of collective self-defence
Collective self-defence treatie
The legal limitations of collective self-defence
The modality of collective self-defence
The Gulf War and collective self-defence
Collective securit
The meaning of collective security
The decision-making process
An overview of the Security Council’s record
The mechanism of employing collective force
Is there an alteative to the Security Council?
Yoram Dinstein’s seminal textbook is an essential guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This revised third edition incorporates new material on the Kosovo air campaign, ‘humanitarian intervention’, recent resolutions adopted by the Security Council, and the latest pronouncements of the Inteational Court of Justice and the Inteational Criminal Tribunal for the Former Yugoslavia.
Also discussed are new treaties, including the 1998 Rome Statute on the Inteational Criminal Court, and current studies of the Inteational Law Commission. In addition, supplementary sections consider, for example, enforcement action carried out by regional organizations under the authority of the Security Council. War, Aggression and Self-Defence remains a comprehensive and highly readable introduction to the legal issues surrounding war and self-defence, and continues to
provide an indispensable tool for students and practitioners of inteational law, inteational relations and military studies.
The legal nature of war
What is war?
The defnition of war
Status mixtus
The region of war
Neutrality
The course of war
The beginning of war
The termination of war
The suspension of hostilities
The illegality of war
A historical perspective of the legal status of war
The ‘just war’ doctrine in the past
Recent concepts of ‘just war’
The extra-legality of war
The legality of war
Exceptions to the general liberty to go to war
The contemporary prohibition of the use of inter-State force
The Kellogg–Briand Pact
The Charter of the United Nations
Customary inteational law
Treaties other than the Pact and the Charter
The prohibition of the use of inter-State force as jus cogens
State responsibility
The criminality of war of aggression
War of aggression as a crime against peace
The defnition of aggression
Individual responsibility for crimes against peace
Controversial consequences of the change in the legal status of war
War in the technical sense
Inconclusive ‘police action’
Equal application of the jus in bello
Impartial neutrality
Territorial changes
Exceptions to the prohibition of the use of inter-State forceThe concept of self-defence 159
The right of self-defence
Self-defence as a response to an armed attack
Conditions precedent to the exercise of self-defence
The role of the Security Council
The modality of individual self-defence
Self-defence in response to an armed attack by a State
Self-defence in response to an armed attack from a State
Collective self-defence
The meaning of collective self-defence
Collective self-defence treatie
The legal limitations of collective self-defence
The modality of collective self-defence
The Gulf War and collective self-defence
Collective securit
The meaning of collective security
The decision-making process
An overview of the Security Council’s record
The mechanism of employing collective force
Is there an alteative to the Security Council?