Claus Kreß - Böcker

Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.

The 20th century was influenced profoundly by the experience of two world wars. It was also characterized, however, by the attempt to replace armed conflict with non-violent conflict management. As the United Nations Charter preamble declares: The “People of the United Nations are determined to save succeeding generations from the scourge of war.” International law and international institutions have made considerable progress toward this goal, but the world is still a long way from effectively banning major organized violence between or within states.Current governance theories are grappling with the reality of today’s complex international relations. What lessons do these theories hold for overcoming violent conflict? What do theories about global governance tell us about international public authority? Is such an authority desirable at all? What would the ideal international society look like from the perspective of global governance theory? What is the role of law, authority, and international institutions in realizing the ideal?The aim of this book is to offer an interdisciplinary debate on these normative responses to the problem of war: law, authority, governance, and constitution.