Unit 4
Law and Ethics on the Use of Force

Overview

In this unit we will review the practice and discourse on the use of force. Attitudes and practice on the use of force have changed significantly through the years and law has developed in response to these changes. Governance mechanisms have been implemented to oversee this law, but the law and its implementation have often been designed to serve states’ interests rather than limit the use of force. In this section, we will review state practice with an emphasis on contemporary debates including, but not limited to, the American led invasion of Iraq in 2003. This section will provide an understanding of the arguments pertaining to the use of force by states and the sources of the different viewpoints that have been expressed. It will also provide some insight into the limits of international law in this area.

Learning Objectives

When you have completed Unit 4, you should be able to achieve the following learning objectives:

1. Identify the principal efforts to control the use of force by states
2. Explain how the interests of powerful states have influenced international law on war
3. Explain the difference between self-defence, a pre-emptive use of force, and a preventive use of force
4. Distinguish between jus ad bellum and jus in bellum
5. Identify the core tenets of the just war doctrine
6. Explain what limits have been imposed on the use of force