Seminar lecture:

Dr. Yahli Shereshevsky

Minerva Center for the Rule of Law under Extreme Conditions fellow, University of Haifa

 

The Internal Logic of Jus ad Bellum Arguments

Wednesday, May 15, 2019 between 14:15-15:45

 

Room 1013, Terrace building, University of Haifa*

Participation is free 
Lecture is availble on YouTube 

Abstract

Debates regarding the jus ad bellum regime occur between two camps. The first camp (minimalists) stresses the importance of a strict reading of the UN Charter prohibition on the use of force. The second camp (expansionists) emphasizes the significance of bridging the gap between pragmatic necessity and the jus ad bellum regime. Both camps recognize the imperfect function of the Security Council and are concerned with the jus ad bellum regime’s legitimacy. They differ, however, on how to best maintain this legitimacy and navigate the Security Council’s politicization. The paper discusses the structure and substance of each camp arguments. It then critically examines a recent trend in the expansionist literature that deviates from the traditional path of the expansionist camp towards a narrow, case specific, justifications for the use of force. This recent form of argument does not offer the principled, coherent approach that is the expansionist camp paramount contribution to jus ad bellum debates and risks abandoning the benefit of strict adherence to the Charter rules without strengthening the legitimacy of the ad bellum regime by consistently bridging the gap between law and reality.

Paper draft is available upon request. e-mail Michal at: bmichal@geo.haifa.ac.il

* The Center is located at ground level of the Terrace building (Hamadrega). See map
For more details, contact Michal at  minervaextreme@univ.haifa.ac.il