The Two Codes on the Use of Force
Journal: eYLS (Yale Law School)
Year: 2016

The jus ad bellum – the international regime that governs cross-border force – is an enigma. The regime is foundational to the global order and has been remarkably resilient over time. And yet, it is deeply discordant, even incoherent, in its operation. A few use of force norms are settled and robust. Although states occasionally deviate from these norms, the deviations are widely viewed and treated as legal violations. Other use of force norms are noticeably more compromised. Operations that st