Rewriting Histories of the Use of Force: The Narrative of 'Indifference'

This monograph challenges the conventional narrative that the prohibition of the use of force in international law is a twentieth-century achievement and provides a more complex understanding of the history of this prohibition. It examines nineteenth-century doctrine and State practice through the lenses of history, sociology, anthropology, and social psychology to offer new insights into the origins of international law's traditional account.

Format: Hardback
Length: 376 pages
Publication date: 23 September 2021
Publisher: Cambridge University Press

The notion that the prohibition of force is a twentieth-century achievement is a widely held belief, with the implication that prior to that era, states had unrestricted autonomy to employ armed force as they saw fit. However, a more nuanced understanding of the historical context reveals a more complex reality. This monograph employs a multidisciplinary approach, drawing from history, sociology, anthropology, and social psychology, to shed new light on the history of the prohibition of force in international law. Through a thorough analysis of nineteenth-century doctrine and state practice, it challenges the prevailing narrative and seeks to unravel the origins of international law's traditional account of the use of force. In doing so, it offers a broader reflection on how the discipline engages with its own history, both in terms of writing and rewriting it.

The prohibition of force in international law is a topic that has been widely debated and studied for centuries. While it is commonly believed that the twentieth century saw the establishment of this principle, a closer examination of historical sources reveals a more complex picture. In the nineteenth century, the doctrine of self-defense was widely accepted as a justification for the use of force in international relations. This doctrine held that states could use force to protect themselves from external aggression or internal instability.

However, the use of force was not without its limitations. The Charter of the United Nations, which was adopted in 1945, explicitly prohibits the use of force except in self-defense or with the authorization of the Security Council. This charter marked a significant milestone in the development of international law, as it established a framework for the peaceful resolution of conflicts and the protection of human rights.

Despite the existence of the Charter, the use of force in international relations remains a complex and contentious issue. There have been numerous cases of states using force without authorization from the Security Council, including the invasions of Iraq and Afghanistan by the United States in 2003 and 2001, respectively. These actions have been criticized by many as violations of international law and have led to calls for greater accountability and transparency in the use of force by states.

In recent years, there has been a growing interest in exploring alternative narratives to the traditional account of the prohibition of force in international law. One such narrative is the idea that the prohibition of force is a product of the evolution of human consciousness and social norms. This perspective suggests that the use of force has always been condemned by societies as a violation of basic human rights and that the establishment of the prohibition of force in international law was a reflection of this moral consensus.

Another alternative narrative is that the prohibition of force in international law is a result of the power dynamics between states. This perspective argues that the powerful states of the world have been able to establish and maintain the prohibition of force through their influence and coercion. These states have used their economic and military power to enforce their will on weaker states, creating a system of international law that is largely shaped by the interests of the powerful.

Despite these alternative narratives, the traditional account of the prohibition of force in international law remains the most widely accepted. This account holds that the use of force is inherently destructive and that it can only be justified in limited circumstances, such as self-defense or with the authorization of the Security Council. The Charter of the United Nations is widely regarded as the cornerstone of international law and has played a crucial role in shaping the international legal framework for the use of force.

In conclusion, the prohibition of force in international law is a complex and multifaceted issue that has been the subject of much debate and study. While it is commonly believed that the twentieth century saw the establishment of this principle.

Weight: 726g
Dimension: 158 x 235 x 31 (mm)
ISBN-13: 9781108838184
Edition number: New ed