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:
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).