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Off Limits? International Law and the Excessive Use of Force
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Jan Klabbers
Published/Copyright:
December 8, 2005
This paper aims to explore whether there are any legal limits to the use of force, in particular when force is used (as it so often is) for political reasons. How plausible is it to expect people to limit their options when they feel that what they’re doing paves the way towards paradise? In this light, much of the law of armed conflict would seem to be inadequate, based as much of it is on the premise that force is non-political. To the extent then that limits are conceivable, these may stem from the individual morality of those engaged in battle rather than from any grand legal designs.
Published Online: 2005-12-8
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
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- Power in War
- Iraq and the Use of Force: Do the Side-Effects Justify the Means?
- Ends, Means, Side-Effects, and Beyond: A Comment on the Justification of the Use of Force
- Off Limits? International Law and the Excessive Use of Force
- Excessive Force in War: A "Golden Rule" Test
- Is International Humanitarian Law Lapsing into Irrelevance in the War on International Terror?
- Use of Force in Protecting Property
- Excessive Use of Force as a Means of Social Exclusion: The Forced Eviction of Squatters in Israel
- The Use of Force Beyond the Liberal Imagination: Terror and Empire in Palestine, 1947
- Justification Between Positivism and Decision
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