Full Description
This book critically examines the use of indirect force by states and the extent of its prohibition under international law. The indirect use of force by states - what are colloquially referred to as 'proxy wars' - has been steadily rising.
With the emergence of new modes of asymmetric warfare, the state's use of indirect force is gradually moving away from the covert style of the Cold War era to a more overt form. Despite such a shift, this state practice has received very little critical scrutiny and, as a result, its position within the existing international legal framework remains unclear. Viewing this practice through both doctrinal and critical-indeterminacy and TWAIL-theoretical lenses, this book argues that the current international law and jurisprudence on the meaning and scope of the use of indirect force is fundamentally inadequate and inadvertently suited to favour powerful states. Stressing the inherent weakness of positivist legal frameworks to address the tension between state sovereignty and state power, the book offers new tools for re-conceptualising the meaning and scope of the prohibition of indirect force under international law.
International Law and the use of Indirect Force will appeal to scholars and students with relevant interests in international law, international relations and politics, as well as practitioners working in conflict prevention and management
Contents
Introduction
1. Reconceptualising the Meaning of Indirect Force Under International Law
2. Reassessing the Scope of the Prohibition of the Use of Indirect Force as a Form of Self-Defence Under International Law
3. Reassessing the Scope of the Prohibition of the Use of Indirect Force by States Under the UN Security Council Authorisation Model
4. Reassessing the Scope of the Prohibition of the Use of Indirect Force by 'Third States' in Civil Wars Under International Law
5. Reassessing the Scope of the Prohibition of the Use of Indirect Force for Humanitarian Purposes Under International Law
6. Conclusion
