Course Details
Course Description and Learning Outcomes
The use of force constitutes one of the most fundamental and contested issues in international law and international relations. This course examines the regulation of force under the United Nations Charter and its interpretation in state practice, jurisprudence, and contemporary conflicts.
The course begins with the legal framework governing the prohibition of the threat or use of force, the right of self-defence, and the role of the UN Security Council, together with evolving debates such as anticipatory self-defence, humanitarian intervention, and the Responsibility to Protect. It then critically applies these principles to a range of historical and contemporary conflicts in order to assess competing legal claims and the relationship between law and international politics.
By the end of the course, students will be able to interpret and apply jus ad bellum principles to contemporary conflicts, critically analyse legal arguments and distinguish legality from political legitimacy, and construct evidence-based legal positions using international legal sources. Through written assignments and simulation exercises, students will also develop their ability to present structured legal analysis and engage in informed debate on the use of force in international relations.
Course Requirements
Students will be assigned readings on a weekly basis and are expected to come to class prepared and actively participate in the in-class discussions. The up-to-date reading list can be found on the course website. Please make sure that you check the list of readings each week to see if there are any updates.
The final grade will be based on the following tasks:
Hours
We will meet on Wednesdays at 13:40 in Z3, Faculty of Economics and Administrative Sciences. Please make sure that you attend the lectures on time.
Requirements
Please study the course syllabus and the requirements carefully to make sure that you understand your responsibilities and fulfill them accordingly.
Syllabus
In the course syllabus, you will find the details of written and reading assignments. Please check out the details of the current week to see if there are any updates.
HADI Platform
Please remember that you will need to use Hadi platform (i.e. Moodle) to submit your written assignments and follow announcements regarding the course.
This week, we will make a brief introduction to the course and go over the course description, requirements and the syllabus.
Reading assignments:
(1) No reading assignments for this week.
This week, we will study the historical evolution of the regulation of force and the emergence of the UN Charter framework, with attention to the purposes and structure of the post-1945 legal order.
Reading assignments:
(1) Olivier Corten (2021). Introduction and Chapter 1 in The Law Against War: The Prohibition on the Use of Force in Contemporary International Law . London, Bloomsbury.
(2) Simon Chesterman (2001). “Chapter 1: The Just War” in Just War or Just Peace? (pp. 7–44). Oxford: Oxford University Press.
(3) UN Charter, Articles 1–2 (focus on Articles 2(3)–2(4)).
This week, we will focus on the prohibition of the threat and use of force as a fundamental principle of international law, including how “force” and “threat” are interpreted and why this rule is central to the UN system.
Reading assignments:
(1) Olivier Corten (2021). “Chapter 2: What Do Use of Force and Threat of Force Mean?” in The Law Against War . London, Bloomsbury.
(2) Christina Gray (2008). “Chapter 1: Law and Force” and “Chapter 2: Prohibition of the Use of Force” in International Law and the Use of Force. Oxford: Oxford University Press.
(3) UN General Assembly Resolution 3314 (XXIX) on Definition of Aggression, 14 December 1974.
This week, we will examine the inherent right of individual and collective self-defence, focusing on the requirements of necessity and proportionality, the armed attack threshold, and core jurisprudence relevant to the doctrine.
Reading assignments:
(1) Christina Gray (2008). “Chapter 4: Self-defence” and “Chapter 5: Collective Self-Defence” in International Law and the Use of Force. Oxford: Oxford University Press.
(2) ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States) (selected excerpts).
(3) ICJ, Oil Platforms (Islamic Republic of Iran v. United States) (selected excerpts).
This week, we will analyse the principal collective security exception to the prohibition on force: Security Council authorisation under Chapter VII. We will also examine intervention by invitation and consent, and discuss legal and political controversies surrounding these bases for force.
Reading assignments:
(1) Christina Gray (2008). “Chapter 7: The Security Council and the Use of Force” in International Law and the Use of Force. Oxford: Oxford University Press.
(2) UN Security Council Resolution 678 (1990) and Resolution 687 (1991) (selected excerpts).
(3) UN Security Council Resolution 1973 (2011) (Libya) (selected excerpts).
This week, we will explore anticipatory self-defence (Caroline) and contemporary debates over pre-emption, prevention, and the “unwilling or unable” doctrine, including how these claims are argued in state practice after 9/11.
Reading assignments:
(1) Daniel Bethlehem (2012). “Principles Relevant to the Scope of a State’s Right of Self-Defence against an Imminent or Actual Armed Attack.”
(2) Ashley S. Deeks (2012). “Unwilling or Unable: Toward a Normative Framework for Extraterritorial Self-Defense.”
(3) ICJ, Armed Activities on the Territory of the Congo (selected excerpts).
This week, we will examine the use of force for the protection of populations, focusing on humanitarian intervention and the Responsibility to Protect (R2P). We will discuss the legality/legitimacy debate with reference to key cases such as Kosovo and Libya.
Reading assignments:
(1) Pınar Gözen Ercan (2016). “Chapter 2. Humanitarian Intervention and the Path to R2P” and “Chapter 3. International Law and the Right to Intervene” in Debating the Future of the Responsibility to Protect. Palgrave Macmillan.
(2) ICISS (2001). “Section B. Past Humanitarian Interventions”, The Responsibility to Protect (pp. 49–126).
(3) Independent reading on the Kosovo (1999) intervention (to be announced).
This week is reserved for the midterm assignment submission. There will be no lecture.
Reading assignments:
(1) Submit the midterm assignment by the announced deadline on HADI.
(2) Ensure your paper includes the required appendix with the full unedited AI output, and that all legal claims are verified and properly cited.
This week, we will examine the legality debates surrounding the 2003 invasion of Iraq, including the revival argument, Security Council practice, and competing doctrinal interpretations.
Reading assignments:
(1) Simon Chesterman (2001). “Chapter 3: You the People: Unilateral Intervention to Promote Democracy” in Just War or Just Peace? (pp. 88–111).
(2) UN Security Council Resolutions 678 (1990), 687 (1991), and 1441 (2002) (selected excerpts).
(3) Independent research on key legal arguments for and against the 2003 invasion.
This week, we will evaluate self-defence claims after 9/11 and examine how the law on the use of force has been interpreted in relation to terrorism and non-state actors, with Afghanistan (2001) as the core case.
Reading assignments:
(1) Book chapter: “Conflict, War and Terrorism” read through pp. 145–162 (as assigned).
(2) UN Security Council Resolutions 1368 (2001) and 1373 (2001) (selected excerpts).
(3) Independent research on Afghanistan (2001) legal debates.
This week, we will apply jus ad bellum to the Russia–Ukraine war, focusing on aggression, annexation claims, self-defence arguments, and the legal significance of UN and judicial responses.
Reading assignments:
(1) UN General Assembly Resolution ES-11/1 (2022) (selected excerpts).
(2) ICJ, Ukraine v. Russian Federation (Provisional Measures, 2022) (selected excerpts).
(3) Tom Ruys & Felipe Rodríguez Silvestre (2022). Scholarly article on Ukraine and the law on the use of force (to be provided).
This week, we will examine competing legal arguments related to the use of force in Gaza/Israel–Palestine, including questions of self-defence, occupation, necessity and proportionality, and the role of international institutions.
Reading assignments:
(1) UN General Assembly Resolution ES-10/21 (2023) (selected excerpts).
(2) ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion) (selected excerpts).
(3) Marko Milanovic (2024). Scholarly analysis on self-defence and the Israel–Hamas war (to be provided).
This week, we will conduct a UN Security Council simulation on a contemporary use-of-force crisis (to be announced: Ukraine or Gaza). Roles will be assigned by the instructor and announced on HADI.
Reading assignments:
(1) Please download the case scenario and instructions from HADI (to be uploaded).
(2) Each student is expected to conduct independent research regarding their assigned role and state position.
(3) Submit any required peer evaluation form on HADI.
This final week provides an overview of the course and a synthesis discussion on the future of the prohibition of force, including contemporary challenges, institutional constraints, and emerging forms of force (e.g., drones, cyber).
Reading assignments:
(1) Olivier Corten (2021). Conclusion in The Law Against War.
(2) Monica Hakimi (2020). “The Jus ad Bellum’s Regulatory Form” (to be provided).
(3) No additional readings beyond the above; students should review key concepts and cases covered during the semester.