use of force

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International Law

Silence and the Use of Force in International Law

Editor's Note: This piece is crossposted on Lawfare and EJIL:Talk!

States frequently take actions and make statements that implicate international law. But because they do not—and, indeed, could not—express a view on each such act or statement by all other states at all times, silence seems to be the norm, rather than the exception, in international relations.

International Law: Self-Defense

Sometimes a Name is Only a Name

Daniel Bethlehem says that my claim that the Obama administration has embraced the Bush doctrine of preemption for anticipatory self-defense “misses an essential element.” The essential element I missed was that the 2002 National Security Strategy that first announced the preemption doctrine “invented new language and, in doing so, suggested that the United States was moving away, with deliberate thought and careful

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