andrew garwood-gowers – faculty of law, qut
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19th annual anzsil conference - the promise and limits of international law – 23-25 June 2011 canberra , australia International law and the regulation of violence: shifting perceptions of the legitimacy of the jus ad bellum ?. Andrew Garwood-Gowers – Faculty of Law, QUT. Overview. - PowerPoint PPT PresentationTRANSCRIPT
19TH ANNUAL ANZSIL CONFERENCE - THE PROMISE AND LIMITS OF INTERNATIONAL LAW – 23-25 JUNE 2011 CANBERRA, AUSTRALIA
INTERNATIONAL LAW AND THE REGULATION OF VIOLENCE: SHIFTING PERCEPTIONS OF THE LEGITIMACY OF THE JUS AD BELLUM?Andrew Garwood-Gowers – Faculty of Law, QUT
Overview
The concept of legitimacy Legitimacy and the jus ad bellum Features of recent state practice in the
‘war on terror’:1. failure to provide legal justifications2. apparent lack of concern over
legalityShifting perceptions of legitimacy of the jus ad bellum?
The concept of legitimacy
Hurd’s definition: ‘an actor’s normative belief that a rule or institution ought to be obeyed’
A perception based on the substance of a rule or its source or process of formation
Norm internalization and socialisation Methodological difficulties in assessing
states’ perceptions
Legitimacy and the jus ad bellum Post-Iraq debate: ‘Realists’ vs. ‘Liberals’ State rhetoric and legal discourse as
indicators of states’ perceptions of legitimacy
Recent state practice
Post-2006 incidents in ‘war on terror’: Israel-Syria (2007 airstrike on Syrian nuclear
facility) Israel-Sudan (2009, 2011 airstrikes) Turkey-Iraq (2008 incursions targeting PKK) Ethiopia-Somalia (2006-2008 intervention)
2 significant features:1. Failure to offer explicit legal
justifications/report use of force to Security Council
2. International community’s apparent lack of concern over legality of uses of force
Interpretations and implicationsShifting perceptions of legitimacy? - ‘realist’ interpretation - ‘war on terror’ and ‘unequal sovereigns’ - natural development of customary international law