War, Aggression and Self-Defence

This book re-examines the topics of war, aggression and self-defence, as well as related issues, such as collective security and the use of force short of war. The first part deals with such questions as: What is war? When does it commence and terminate? What is the difference between peace treaties, armistice agreements and cease-fires? Where can war be waged and what is the meaning of neutrality? The focus of the discussion in the second part is the contemporary prohibition of the use of force and its standing as jus cogens. The meaning of aggression is explored. The concept of crimes against peace, which evolved in the Nuremberg trial, is examined. Some controversial implications of the illegality and criminality of war are analysed. The third part explores the concept of self- defence. The scope of armed attack, prior to the exercise of the right of self-defence, is investigated, distinguishing between attacks launched by a foreign State and those that are carried out from its territory by armed bands. An inquiry is made into the respective roles of the Security Council, the General Assembly and the International Court of Justice. Special attention is given to such disputed points as the legality of armed reprisals and the protection of nationals abroad. '... Dinstein has provided a splendid tour d'horizon of the salient issues in this significant area of the law. Practitioners and academics alike owe a debt of gratitude to this erudite and skillful scholar for having made available, in an extremely useful format, an inclusive and up-to-date review of the field that is most deserving of a wide readership.' John H. McNeill, American Journal of International Law