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The two codes on the use of force / Monica Hakimi and Jacob Katz Cogan

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Document type:
Article
Title:
The two codes on the use of force
Author zone:
Monica Hakimi and Jacob Katz Cogan
Host item entries:
  • European journal of international law = Journal européen de droit international, Vol. 27, no. 2, May 2016, p. 257-291
Languages:
English
Abstract:
The jus ad bellum – the international regime that governs cross-border force – is an enigma. The regime is foundational to the global order and has been remarkably resilient over time. And yet, it is deeply discordant, even incoherent, in its operation. A few use of force norms are settled and robust. Although states occasionally deviate from these norms, the deviations are widely viewed and treated as legal violations. Other use of force norms are noticeably more compromised. Operations that stray from these norms are still perceived to be unlawful, but such operations might be tolerated or even supported in practice. Still other norms are highly contested. The substantive content of the norms is so openly and heatedly debated that the credibility of the entire regime has been called into question. This article presents a theory to explain why the regime on the use of force operates as it does. We argue that the regime is best understood as a site of ongoing contestation and compromise between two visions of the legal order – two ‘codes’. Each code has its own substantive policies, decision-making processes, and key advocates. The way in which advocates of the two codes interact in any given context determines whether and how specific use of force norms are articulated, invoked or applied.
Links:
  • Full text : only from ICRC headquarters
Authors:
Hakimi, Monica
Cogan, Jacob Katz
Keyword in English:
JUS AD BELLUM
UN CHARTER
STATE
UN SECURITY COUNCIL
ATTACK
Keyword in French:
JUS AD BELLUM
CHARTE DE L'ONU
ETAT
CONSEIL DE SECURITE DE L'ONU
ATTAQUE
Go to:
  • European journal of international law = Journal européen de droit international / European university institute
  • European journal of international law = = Journal européen de droit international [Vol. 27, no. 2, May 2016] / European university institute

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