OUVRAGE : E. Pobjie, Prohibited Force: The Meaning of ‘Use of Force' in International Law

Erin POBJIE

Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students.

TABLE OF CONTENTS

Foreword, Claus Kreß
Acknowledgements 

Introduction

The Research Question
Why Does It Matter?
Aims and Contribution of Work
Outline of Book

PART I.
TREATY VERSUS CUSTOM 

1. How and When Did the Customary Prohibition of the Use of Force Emerge? The Status of the Customary Norm Pre-1945

Introduction
The Nicaragua Case
How and When Did the Customary Prohibition of the Use of Force Emerge?
The Status of the Customary Norm Pre-1945
Conclusion

2. Baxter’s Paradox and the Customary Prohibition of the Use of Force

Introduction
Challenges of the Two-Element Approach
The ‘Own Impact’ of Article 2(4)
Conclusions: Are the Charter and Customary Prohibitions of the Use of Force Identical?

3. The Relationship between the Customary Prohibition of the Use of Force and Article 2(4) of the UN Charter

Introduction
Effect of Customary Prohibition on the Interpretation of Article 2(4)
Evolutive Interpretation of Article 2(4)
Jus Cogens and the Prohibition of the Use of Force
Conclusion: Which Source to Interpret or Apply?

 

PART II.
ELEMENTS OF PROHIBITED FORCE

4. Contextual Elements of a Prohibited ‘Use of Force’: International Relations

Introduction
‘All Members’
‘Shall refrain . . . from’
‘in their international relations’
‘against the territorial integrity or political independence of any state or in any other manner inconsistent with the Purposes of the United Nations’
Conclusion

5. Elements of ‘Use of Force’: Means

Introduction
Subsequent Agreements Regarding Article 2(4)
Ordinary Meaning
Means
Conclusion

6. Elements of ‘Use of Force’: Effects, Gravity and Intention 

Introduction
Effects
Gravity
Intention
Conclusion

 

PART III.
DEFINING PROHIBITED FORCE

7. Anomalous Examples of ‘Use of Force’ and Non-‘Use of Force’ under Article 2(4) of the UN Charter

Introduction
Anomalous Examples of ‘Use of Force’
Anomalous Examples of Non-‘Use of Force’
Possible Explanations

8. The Meaning of Prohibited ‘Use of Force’ in International Law

Introduction
What Is a Type?
Type Theory and ‘Use of Force’
Applying Type Theory to Anomalous Examples of ‘Use of Force’
Illustrative Examples of Balancing the Elements of a ‘Use of Force’
Case Study: The Attempted Killing of Sergei Skripal
Case Study: Use of Force in Outer Space
Reflections

Conclusion: A Definition of Prohibited ‘Use of Force’

Bibliography
Index

Erin POBJIE, Prohibited Force: The Meaning of ‘Use of Force' in International Law, Cambridge, Cambridge University Press, 2024 (277 pp.)