The 'Sinews of Peace': International Law, Strategy and the Prevention of War

Abstract

What is the contribution of international law to the prevention of war? International lawyers point to the prohibition on war and to the system of collective security under Chapter VII of the Charter of the United Nations, but this answer captures only part of the picture. The international system for the prevention of war is a complex edifice, supported by legal, political and strategic pillars. The make-up of the pillars themselves changes: the law of neutrality was the central block in the legal pillar in the XIX century, the prohibition on the use of force occupies that position today; the balance of power was the key political and strategic idea for preserving peace until 1914, the doctrine of deterrence played that role during the Cold War. This structure is buttressed by practical legal instruments - concrete tools often more effective at preventing war than large general precepts.

Keywords: international law, war, prevention, collective security