Facts, intuitions and uncertainties in the jus ad bellum

Author: Sam Selvadurai
Published: 04.11.2022
Lawyers disagree about international law governing the resort to force. That much is obvious and evident in numerous posts on this and other sites and in the extensive literature studying controversies in the jus ad bellum. Disagreements between lawyers representing states are easy to attribute to their clients’ clashing interests and ideologies, rather than genuine differences in legal opinions. Yet even highly qualified jurists have sincere disagreements about what the jus ad bellum permits or prohibits in general and in specific cases. My research, based on systematic textual analysis of scholarly writings and ICJ judgments, and interviews with 31 UK-based…