International Civil Tribunals and Armed Conflict

Michael J. Matheson, LLB (1968), Stanford Law School, teaches at George Washington University Law School. He was a senior lawyer and diplomat in the U.S. State Department, has taught at several universities, and has published extensively on international law topics.

“This book is a remarkable analysis of the decisions of international civil tribunals – notably the International Court of Justice (ICJ) and arbitral tribunals – with respect to both the legality of recent armed conflicts and the legality of actions during those conflicts…This timely book presents a fine summary and analysis of the decisions and awards of these international civil tribunals. It should be of high value to all who want to keep current with developments in the international law relevant to armed conflict.” – George H. Aldrich, American Journal of International Law

• Table of Cases Preface Part I. The Involvement of International Civil Tribunals in Armed ConflictChapter 1. The Role of International Civil Tribunals1.1 Purposes served 1.2 Difficulties encountered Chapter 2. Prior Cases Concerning Armed Conflict 2.1. Arbitrations during the 19th Century 2.2. The Hague Peace Conferences2.3. The Post-World War I System 2.4. The Post-World War II System 2.5. Initial ICJ Cases Involving Armed Conflict 2.6. Assessment Chapter 3. Involvement of Civil Tribunals in the Current Period 3.1. The Central American Conflict 3.2. The Iran-Iraq War 3.3. The Gulf War 3.4. The Conflict in Yugoslavia3.5. Territorial Disputes 3.6. The Conflict in the Congo 3.7. The Eritrea-Ethiopia Conflict 3.8. The Arab-Israeli Conflict 3.9. The Conflict in Sudan 3.10. The Conflict in Georgia 3.11. Italian Suits Against Germany 3.12. Use of Nuclear Weapons 3.13. Assessment Part II: The Process of Deciding CasesInvolving Armed ConflictChapter 4. Jurisdiction I. The International Court of Justice 4.1. Declarations under Article 36(2) 4.2. Treaty provisions generally consenting to the Court’s jurisdiction 4.3. Treaty provisions consenting to jurisdiction over disputes under that treaty 4.4. Cases brought with the specific consent of the parties to the dispute 4.5. Advisory cases II. Other Tribunals4.6. The UN Compensation Commission 4.7. The Eritrea-Ethiopia Claims Commission 4.8. Assessment Chapter 5. Admissibility 5.1. Objections to claims5.2. Objections to counter-claims 5.3. Advisory cases 5.4. AssessmentChapter 6. Provisional Measures 6.1 The framework for provisional measures6.2 Types of provisional measures6.3 Relationship to political processes6.4 AssessmentChapter 7. Determining the Facts on the Merits7.1 The burden and standard of proof7.2 Forms of evidence7.3 Reliance on other fact-finders7.4 Independent tribunal fact-finding7.5 AssessmentChapter 8. Adjudicating the Law on the Merits 8.1 Contentious cases8.2 Advisory cases8.3 Articulation of the law8.4 What substantive issues the tribunal addresses8.5 Interaction among tribunals8.6 Interaction with non-judicial organs8.7 AssessmentChapter 9. Determining Relief 9.1 Legal findings9.2 Remedial actions9.3 Compensation9.4 AssessmentPart III: Substantive Law Concerning Armed ConflictChapter 10. Resort to Force10.1 Response to attacks by the forces of another state10.2 Support or tolerance of non-state groups10.3 Collective response to attacks10.4 Necessity and proportionality in the use of force10.5 Involvement of the Security Council10.6 Issues not decided10.7 AssessmentChapter 11. Law of Armed Conflict11.1. Applicability of agreements11.2. Conduct of military operations11.3. Treatment of persons11.4. Responsibility for the actions of others11.5. AssessmentChapter 12. Application of Other Legal Norms12.1. Genocide12.2. Human rights obligations12.3. Protection of diplomats12.4. Commercial agreements12.5. AssessmentChapter 13. Territorial Status13.1. Secession13.2. Territorial claims13.3. Occupied territory13.4. AssessmentConclusion Selected bibliography