Pub Date : 2021-07-03DOI: 10.1080/20531702.2021.2006485
P. Butchard, Jasmin Johurun Nessa
{"title":"Digest of State Practice: 1 January–30 June 2021","authors":"P. Butchard, Jasmin Johurun Nessa","doi":"10.1080/20531702.2021.2006485","DOIUrl":"https://doi.org/10.1080/20531702.2021.2006485","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"343 - 398"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41654148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-03DOI: 10.1080/20531702.2021.1997514
Naz K. Modirzadeh, Pablo A. Arrocha Olabuenaga
ABSTRACT A conversation between Pablo Arrocha Olabuenaga and Naz Khatoon Modirzadeh on the origins, objectives, and context of the 24 February 2021 ‘Arria-formula’ meeting convened by Mexico.
{"title":"A conversation between Pablo Arrocha Olabuenaga and Naz Khatoon Modirzadeh on the origins, objectives, and context of the 24 February 2021 ‘Arria-formula’ meeting convened by Mexico","authors":"Naz K. Modirzadeh, Pablo A. Arrocha Olabuenaga","doi":"10.1080/20531702.2021.1997514","DOIUrl":"https://doi.org/10.1080/20531702.2021.1997514","url":null,"abstract":"ABSTRACT A conversation between Pablo Arrocha Olabuenaga and Naz Khatoon Modirzadeh on the origins, objectives, and context of the 24 February 2021 ‘Arria-formula’ meeting convened by Mexico.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"291 - 342"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47557324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-03DOI: 10.1080/20531702.2021.1967629
Simona Ross
ABSTRACT The scale and gravity of the Syrian conflict has led to calls for the international community to fulfil its responsibility to protect the people. Despite mounting evidence of atrocity crimes committed by the Syrian government and ISIL, the U.S. administrations’ legal justifications for the use of force have centred on more established – albeit in the Syrian context controversial – legal justifications, illustrating the limitations of the Responsibility to Protect in providing a legal framework for the use of force on humanitarian grounds. Nonetheless, the Syrian crisis represents a critical juncture in the evolution of the Responsibility to Protect and the legal justifications provided by the U.S. have implications on this development, particularly with regards to the doctrine’s third pillar on the use of force.
{"title":"U.S. justifications for the use of force in Syria through the prism of the Responsibility to Protect","authors":"Simona Ross","doi":"10.1080/20531702.2021.1967629","DOIUrl":"https://doi.org/10.1080/20531702.2021.1967629","url":null,"abstract":"ABSTRACT The scale and gravity of the Syrian conflict has led to calls for the international community to fulfil its responsibility to protect the people. Despite mounting evidence of atrocity crimes committed by the Syrian government and ISIL, the U.S. administrations’ legal justifications for the use of force have centred on more established – albeit in the Syrian context controversial – legal justifications, illustrating the limitations of the Responsibility to Protect in providing a legal framework for the use of force on humanitarian grounds. Nonetheless, the Syrian crisis represents a critical juncture in the evolution of the Responsibility to Protect and the legal justifications provided by the U.S. have implications on this development, particularly with regards to the doctrine’s third pillar on the use of force.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"233 - 276"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42572620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-03DOI: 10.1080/20531702.2021.2006459
James A. Green
{"title":"Introduction to contributions on the February 2021 ‘Arria formula’ meeting of the UNSC","authors":"James A. Green","doi":"10.1080/20531702.2021.2006459","DOIUrl":"https://doi.org/10.1080/20531702.2021.2006459","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"277 - 277"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49337263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-02DOI: 10.1080/20531702.2021.1864180
James A. Green
The latest book by Professor Erika de Wet examines the issue of military assistance on request. 1 As such, and presumably not by accident, the book’s publication has come at the perfect time in ter...
Erika de Wet教授的最新著作探讨了应请求提供军事援助的问题。因此，这本书的出版恰逢其时，这大概不是偶然的。
{"title":"Military assistance on request and the use of force","authors":"James A. Green","doi":"10.1080/20531702.2021.1864180","DOIUrl":"https://doi.org/10.1080/20531702.2021.1864180","url":null,"abstract":"The latest book by Professor Erika de Wet examines the issue of military assistance on request. 1 As such, and presumably not by accident, the book’s publication has come at the perfect time in ter...","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"157 - 163"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2021.1864180","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43363619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-02DOI: 10.1080/20531702.2021.1917872
C. Henderson
ABSTRACT Adherents to the so-called ‘negative equality’ principle agree that an exception exists in the form of the doctrine of counter-intervention. This exception is, however, seen as operating asymmetrically, in that while states are permitted to counter-intervene in support of governmental regimes they are not permitted to intervene in support of non-state opposition groups should the governmental regime be in receipt of prior assistance in the context of the civil war. The purpose of this article is to probe the asymmetrical interpretation of the doctrine of counter-intervention in testing whether it can be said to stand up to scrutiny, as well as explore the possibilities for a symmetrical interpretation of the doctrine and the legal and policy issues involved in extending it in this way.
{"title":"A countering of the asymmetrical interpretation of the doctrine of counter-intervention","authors":"C. Henderson","doi":"10.1080/20531702.2021.1917872","DOIUrl":"https://doi.org/10.1080/20531702.2021.1917872","url":null,"abstract":"ABSTRACT Adherents to the so-called ‘negative equality’ principle agree that an exception exists in the form of the doctrine of counter-intervention. This exception is, however, seen as operating asymmetrically, in that while states are permitted to counter-intervene in support of governmental regimes they are not permitted to intervene in support of non-state opposition groups should the governmental regime be in receipt of prior assistance in the context of the civil war. The purpose of this article is to probe the asymmetrical interpretation of the doctrine of counter-intervention in testing whether it can be said to stand up to scrutiny, as well as explore the possibilities for a symmetrical interpretation of the doctrine and the legal and policy issues involved in extending it in this way.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"34 - 66"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2021.1917872","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46569373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-02DOI: 10.1080/20531702.2021.1917857
C. Henderson
{"title":"Introduction","authors":"C. Henderson","doi":"10.1080/20531702.2021.1917857","DOIUrl":"https://doi.org/10.1080/20531702.2021.1917857","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"1 - 3"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2021.1917857","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42250225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-02DOI: 10.1080/20531702.2021.1924945
P. Butchard, Jasmin Johurun Nessa
{"title":"Digest of State Practice 1 July – 31 December 2020","authors":"P. Butchard, Jasmin Johurun Nessa","doi":"10.1080/20531702.2021.1924945","DOIUrl":"https://doi.org/10.1080/20531702.2021.1924945","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"164 - 232"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2021.1924945","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48520661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-02DOI: 10.1080/20531702.2021.1918383
Luca Ferro
ABSTRACT Critics of the so-called negative equality doctrine, which prohibits third-state military intervention upon invitation by a government embroiled in civil war, point to recent contravening practice together with a generally passive or politically supportive attitude by states to substantiate their views. If, however, a prohibition indeed remains the starting point under the lex lata, that critical view largely depends on the legal transformation of state silence into acquiescence. This article contests such a transformation based on the accepted conditions for acquiescence to arise, concerns which are confirmed by two case studies on interventions in the Libyan and Yemeni civil wars. As a result, states’ inaction to controversial military operations rarely qualifies as ‘negative opinio juris’. Indeed, the erosion of customary international norms, especially those that regulate sending troops to war, surely requires more than a few deviant states and a regrettable but legally inconsequential apathy by the international community.
{"title":"The doctrine of ‘negative equality’ and the silent majority of states","authors":"Luca Ferro","doi":"10.1080/20531702.2021.1918383","DOIUrl":"https://doi.org/10.1080/20531702.2021.1918383","url":null,"abstract":"ABSTRACT Critics of the so-called negative equality doctrine, which prohibits third-state military intervention upon invitation by a government embroiled in civil war, point to recent contravening practice together with a generally passive or politically supportive attitude by states to substantiate their views. If, however, a prohibition indeed remains the starting point under the lex lata, that critical view largely depends on the legal transformation of state silence into acquiescence. This article contests such a transformation based on the accepted conditions for acquiescence to arise, concerns which are confirmed by two case studies on interventions in the Libyan and Yemeni civil wars. As a result, states’ inaction to controversial military operations rarely qualifies as ‘negative opinio juris’. Indeed, the erosion of customary international norms, especially those that regulate sending troops to war, surely requires more than a few deviant states and a regrettable but legally inconsequential apathy by the international community.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"4 - 33"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2021.1918383","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43555518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-21DOI: 10.1080/20531702.2020.1794441
Michael J. Strauss
ABSTRACT Many states are willing to host on their territory the armed forces of other states, typically through leases of sites where military bases are established. This creates a form of long-term military assistance for the host states that can transcend periods of both peace and armed conflict. The assistance may be sought as such by the host states, or it may be a de facto situation that results from the presence of the foreign troops. This article defines and examines some questions of international law that arise from these arrangements, with a focus on the legal implications for the host states. These implications can include sharing legal responsibility for unlawful acts of the state using the base, the erosion of host-state neutrality when that state is engaged in an armed conflict, and questions about the nature of the host state’s sovereignty in the leased area.
{"title":"Foreign bases in host states as a form of invited military assistance: legal implications","authors":"Michael J. Strauss","doi":"10.1080/20531702.2020.1794441","DOIUrl":"https://doi.org/10.1080/20531702.2020.1794441","url":null,"abstract":"ABSTRACT Many states are willing to host on their territory the armed forces of other states, typically through leases of sites where military bases are established. This creates a form of long-term military assistance for the host states that can transcend periods of both peace and armed conflict. The assistance may be sought as such by the host states, or it may be a de facto situation that results from the presence of the foreign troops. This article defines and examines some questions of international law that arise from these arrangements, with a focus on the legal implications for the host states. These implications can include sharing legal responsibility for unlawful acts of the state using the base, the erosion of host-state neutrality when that state is engaged in an armed conflict, and questions about the nature of the host state’s sovereignty in the leased area.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"67 - 90"},"PeriodicalIF":0.0,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2020.1794441","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46128495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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