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The Development of International Law by the International Court of Justice$
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Christian J. Tams and James Sloan

Print publication date: 2013

Print ISBN-13: 9780199653218

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199653218.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 April 2021

The International Court of Justice and the Use of Force

The International Court of Justice and the Use of Force

Chapter:
(p.236) (p.237) 11 The International Court of Justice and the Use of Force
Source:
The Development of International Law by the International Court of Justice
Author(s):

Gray Christine

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199653218.003.0011

This chapter examines the ICJ's contribution to the development of the law on the use of force. It considers the Corfu Channel case, in which the UK brought an action against Albania for the damage done by mines to British warships passing through the Corfu Channel in Albanian waters; the Nicaragua case, where Nicaragua claimed that the USA had used force against the left-wing government in Nicaragua by its own military actions and by its support for the armed opposition; and the Court's jurisprudence on the use of self-defence. The chapter shows that the ICJ has taken the clear view that the prohibition of the use of force in Article 2(4) of the UN Charter is a strict one, and it has resisted calls to widen its view of the scope of self-defence.

Keywords:   ICJ, law, use of force, Corfu Channel, Nicaragua case, self-defence

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