The 2006 War In and Against Lebanon From the Standpoint of Ius ad Bellum

Journal of Sharia & Law, Vol. 36, pp. 21-56, April 2008

38 Pages Posted: 9 Oct 2010

See all articles by Giovanni Distefano

Giovanni Distefano

University of Neuchatel - Faculty of Law; University of Geneva - Geneva Academy of International Humanitarian Law and Human Rights

Date Written: October 7, 2007

Abstract

As the title denotes, the present article focusses on the application of ius contra bellum rules; in other word, the author will examine States' and non-State actors' conducts during summer 2006 events through the sole spectrum of rules relating to the right to the use of force in intern national relations, formerly known as the right to wage war. Thus, this article will not deal with the body of rules pertaining to the conduct of belligerents during armed conflict, i.e. the ius in bellum. Therefore, special, yet not exclusive emphasis will be put on Israel's title to resort to armed force in order to guarantee its allegedly infringed rights. To this effect, the author will review different legal rules (and set of rules) which could validate Israel's conduct. On the other side, Lebanon's conduct in relation to Israel's claims and especially with regard to Hezbollah's activities will carefully be scrutinized in the light of public international law rules. In this framework, the question of States’ lawful reactions to non-State actors’ use of force will be thoroughly examined. Hence, in this respect, the article will assess not only ius contra bellum rules but also international law of State responsibility as well as the right to resort to forcible countermeasures and UN law (notably Security Council prerogatives under United Nations Charter Chapter VII). In conclusion, the author aims to determine Israel, Lebanon (and Hezbollah's) responsibility in the context of this chapter of the Middle East Question.

Note: Downloadable document is in French.

Keywords: Use of Force, International Law, Self-Defense, Self-Help. Forcible Counter-Measures, Non State-Actors, Sovereignty, Security Council

JEL Classification: K33, K10, K40

Suggested Citation

Distefano, Giovanni, The 2006 War In and Against Lebanon From the Standpoint of Ius ad Bellum (October 7, 2007). Journal of Sharia & Law, Vol. 36, pp. 21-56, April 2008, Available at SSRN: https://ssrn.com/abstract=1689005

Giovanni Distefano (Contact Author)

University of Neuchatel - Faculty of Law ( email )

Neuchatel, CH-2000
Switzerland

University of Geneva - Geneva Academy of International Humanitarian Law and Human Rights ( email )

Villa Moynier
120B rue de Lausanne
Geneva, 1211
Switzerland

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