Episode 10 – Eliav Lieblich on the Humanization of Jus ad Bellum

In this episode, I speak with Eliav Lieblich, Professor of Law at The Buchmann Faculty of Law, Tel Aviv University, Israel, about the relatively under-studied relationship between international human rights law and the use of force by states. Eliav, in a forthcoming article, uses a recent General Comment of the U.N. Human Rights Committee as a point of departure for analyzing whether, and to what extent, violations of the jus ad bellum regime might also violate the right to life enshrined in the International Covenant on Civil and Political Rights. Thus, does an act of aggression by a state infringe human rights law as well as violate the jus ad bellum regime? And do governments contemplating the use of force in self-defense have to consider the human rights obligations owed to its own citizens, and the rights of the people in the state against which it is intending to use force? Eliav explores these fascinating questions, and their important implications, from not only a doctrinal and theoretical perspective, but also through the lens of just war theory and ethics as well.

Materials:

– “The Humanization of Jus ad Bellum: Prospects and Perils,” 32 Eur. J. Int’l L. (forthcoming, 2021).

– “Self-Defense Against Non-State Actors and the Myth of the Innocent State,” in Global Governance and Human Rights (Nehal Bhuta & Rodrigo Vallejo eds., Forthcoming).

Reading Recommendations:

– Helen Frowe, The Ethics of War and Peace (2nd ed., 2016).

– Tom Dannenbaum, The Crime of Aggression, Humanity, and the Soldier (2018).

– Adil Ahmad Haque, Law and Morality and War (2017).

Episode 3 – Adil Haque on the Use of Force, Aggression, and Self-Defense

In this episode, I speak with Adil Haque, Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School. Our discussion focuses primarily on two recent blog posts on Just Security, in which Adil explores the relationship between the use of force, aggression and self-defense. Based on extensive research into the travaux preparatoire for the U.N. Charter, Adil suggests that self-defense is not exactly an exception to the prohibition on the use of force in Art. 2(4) of the Charter, but rather is an exception that only the U.N. Security Council may authorize the use of force to deal with aggression. What is more, self-defense is then understood as being in response to aggression, and that an “armed attack” as used in Art. 51 of the Charter must be understood in these terms. As Adil explains, this both reinforces some of the standard views on self-defense, but also alters and challenges some of those views. It is a conversation that will likely have you questioning your understanding of the relationship! We also briefly discuss his book, Law and Morality at War, at least enough to make you want to read it.

Materials:

“The United Nations Charter at 75: Between Force and Self-Defense – Part One,” Just Security, Jun. 24, 2020.

The United Nations Charter at 75: Between Force and Self-Defense – Part Two,” Just Security, Jun. 24, 2020.

“‘Clearly of Latin American Origin’: Armed Attack by Non-State Actors and the UN Charter,” Just Security, Nov. 5, 2019.

Reading Recommendations:

– Craig Forcese, Destroying the Caroline: The Frontier Raid that Reshaped the Right to War (2018).

– Tadashi Mori, Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter (2018).

– Janina Dill, “Toward a Moral Division of Labour Between IHL and IHRL during the Conduct of Hostilities,” in Z. Bohrer, J. Dill, & H. Duffy eds, Law Applicable to Armed Conflict (2020).