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CONTENTS

Introduction to the Third Edition = xi

From the introduction to the First Edition = xii

Table of cases = xiv

Table of treaties = xvi

Table of Security Council resolutions = xxii

Fable of General Assembly resolutions = xxiv

List of abbreviations = xxv

PartⅠ The legal nature of war = 1

 1. What is war? = 3

  A. The definition of war = 3

   (a) The numerous meanings of war = 3

   (b) An analysis of Oppenheim's definition of war = 4

    ⅰ. Inter-State and intra-State wars = 5

    ⅱ. War in the technical and in the material sense = 9

    ⅲ. Total wars, limited wars and incidents short of war = 10

    ⅳ. War as an asymmetrical phenomenon = 13

   (c) A proposed definition of war = 14

  B. Status mixtus = 15

   (a) Peacetime status mixtus = 16

   (b) Wartime status mixtus = 17

  C. The region of war = 19

   (a) The territories of the parties to the conflict = 19

   (b) The high seas and the exclusive economic zone = 21

   (c) Outer space = 23

  D. Neutrality = 23

   (a) The basic principles = 23

   (b) Some concrete rules = 24

    ⅰ. Passage of belligerent military units and war materials = 24

    ⅱ. Enrolment in belligerent armed forces = 25

    ⅲ. Military supplies to belligerents = 26

 2. The course of war = 29

  A. The beginning of war = 29

   (a) War in the technical sense = 29

   (b) War in the material sense = 32

  B. The termination of war = 33

   (a) Treaties of peace = 33

    ⅰ. The significance of a treaty of peace = 33

    ⅱ. Peace preliminaries = 36

    ⅲ. The legal validity of a treaty of peace = 37

   (b) Armistice agreements = 39

   (c) Other modes of terminating war = 44

    ⅰ. Implied mutual consent = 44

    ⅱ. Debellatio = 45

    ⅲ. Unilateral declaration = 46

  C. The suspension of hostilities = 47

   (a) Different types of suspension of hostilities = 47

    ⅰ. Local cease-fire agreement = 48

    ⅱ. General cease-fire agreement = 49

    ⅲ. Cease-fire ordered by the Security Council = 49

   (b) The nature of cease-fire = 51

   (c) Denunciation and breach of cease-fire = 53

PartⅡ The illegality of war = 57

 3. A historical perspective of the legal status of war = 59

  A. The 'just war' doctrine in the past = 59

   (a) The Roman origins = 59

   (b) Christian theology = 60

   (c) The 'fathers' of international law = 61

  B. Recent concepts of 'just war' = 63

   (a) Kelsen's theory = 63

   (b) 'Wars of national liberation' = 64

   (c) 'Humanitarian intervention' = 66

  C. The extra-legality of war = 69

  D. The legality of war = 71

  E. Exceptions to the general liberty to go to war = 73

   (a) Special arrangements = 73

   (b) The Hague Conventions = 74

   (c) The Covenant of the League of Nations = 75

 4. The contemporary prohibition of the use of inter-State force = 78

  A. The Kellogg-Briand Pact = 78

  B. The Charter of the United Nations = 80

   (a) The prohibition of the use of inter-State force = 80

   (b) Attempts to limit the scope of the prohibition = 83

  C. Customary international law = 86

   (a) The general prohibition of the use of inter-State force = 86

   (b) The relationship between customary and conventional law = 90

  D. Treaties other than the Pact and the Charter = 91

  E. The prohibition of the use of inter-State force as jus cogens = 93

   (a) The significance of jus cogens = 93

   (b) How can jus cogens be modified? = 96

  F. State responsibility = 98

   (a) Application of general rules 01 State responsibility = 98

   (b) State responsibility for international crimes = 102

 5. The criminality of war of aggression = 106

  A. War of aggression as a crime against peace = 106

  B. The definition of aggression = 114

  C. Individual responsibility for crimes against peace = 120

   (a) The scope of the crimes = 120

    ⅰ. Ratione materiae = 120

    ⅱ. Ratione personae = 121

    ⅲ. Ratione temporis = 123

   (b) Mens rea = 124

    ⅰ. Mistake of fact = 126

    ⅱ. Mistake of law = 126

    ⅲ. Duress = 127

    ⅳ. Insanity = 128

   (c) Inadmissible defence pleas = 128

    ⅰ. Obedience to national law = 128

    ⅱ. Obedience to superior orders = 129

    ⅲ. Acts of State = 132

   (d) The penal proceedings = 133

 6. Controversial consequences of the change in the legal status of war = 135

  A. War in the technical sense = 136

  B. Inconclusive 'police action' = 137

  C. Equal application of the jus in bello = 140

   (a) Self-defence = 140

   (b) Collective security = 146

  D. Impartial neutrality = 147

  E. Territorial changes = 151

PartⅢ Exceptions to the prohibition of the use of inter-State force = 157

 7. The concept of self-defence = 159

  A. The right of self-defence = 159

   (a) The meaning of self-defence = 159

   (b) Self-defence as a right = 161

   (c) Self-defence as an 'inherent' right = 163

  B. Self-defence as a response to an armed attack = 165

   (a) Armed attack and preventive war = 165

   (b) The scope of an armed attack = 169

    ⅰ. The beginning of an armed attack = 169

    ⅱ. A small-scale armed attack = 173

    ⅲ. The locale of an armed attack = 176

    ⅳ. The target of an armed attack = 179

    ⅴ. Support of armed bands and terrorists = 181

  C. Conditions precedent to the exercise of self-defence = 183

  D. The role of the Security Council = 185

   (a) The two phases rule = 185

   (b) The options before the Security Council = 187

   (c) Failure to report to the Security Council = 189

 8. The modality of individual self-defence = 192

  A. Self-defence in response to an armed attack by a State = 192

   (a) Measures short of war = 192

    ⅰ. On-the-spot reaction = 192

    ⅱ. Defensive armed reprisals = 194

    ⅲ. The protection of nationals abroad = 203

   (b) War = 207

    ⅰ. Necessity = 207

    ⅱ. Proportionality = 208

    ⅲ. Immediacy = 212

  B. Self-defence in response to an armed attack from a State = 213

   (a) Extra-territorial law enforcement = 213

   (b) The practice of States = 218

   (c) Webster's formula = 219

 9. Collective self-defence = 222

  A. The meaning of collective self-defence = 222

  B. Collective self-defence treaties = 226

   (a) Mutual assistance treaties = 227

   (b) Military alliances = 230

   (c) Treaties of guarantee = 233

  C. The legal limitations of collective self-defence = 236

   (a) The primacy of the UN Charter = 236

   (b) The requirement of an armed attack = 237

   (c) Other conditions for the exercise of collective self-defence = 239

  D. The modality of collective self-defence = 240

  E. The Gulf War and collective self-defence = 242

 10. Collective security = 246

  A. The meaning of collective security = 246

  B. The decision-making process = 253

   (a) The duties incumbent on UN Member States = 253

   (b) The responsibility of the Security Council = 255

  C. An overview of the Security Council's record = 256

   (a) The 'Cold War' era = 256

   (b) The Gulf War = 258

   (c) The years since the outbreak of the Gulf War = 261

  D. The mechanism of employing collective force = 263

   (a) Article 42 and the absence of special agreements = 263

   (b) Peacekeeping forces = 266

   (c) Enforcement action beyond the purview of Article 42 = 268

  E. Is there an alternative to the Security Council? = 273

   (a) The General Assembly = 273

   (b) The International Court of Justice = 276

    ⅰ. Concurrent or consecutive competence of the Council and the Court = 276

    ⅱ. Can the Court invalidate binding decisions adopted by the Council? = 279

Conclusion = 283

Index of persons = 285

Index of subjects = 292