Judicial Procedures Relating to the Use of Force

17 Pages Posted: 2 Jul 2010

See all articles by Richard Bilder

Richard Bilder

University of Wisconsin Law School

Date Written: January 1, 1991

Abstract

This article discusses the usefulness of international courts, and particularly the International Court of Justice (ICJ), in settling disputes involving the use of force. The author begins by: (1) noting possible distinctions between use-of-force disputes and other types of disputes; (2) discussing past decisions of the ICJ and other judicial bodies involving such disputes; (3) analyzing the role of judicial organs in use-of-force case as contemplated by the U.N. Charter; and (4) considering possible legal barriers to the adjudication of use-of- force disputes. The author concludes that there are not, in fact, any inherent legal barriers to the ICJ’s adjudication of such disputes.

Based on this conclusion, the author then suggests: (1) the types of situations where adjudication of such use-of-force disputes is likely to be most promising; (2) the possible advantages and disadvantages of adjudication in use-of-force situations; (3) the circumstances where adjudication in use-of-force situations is likely to occur; (4) measures which might enhance the ICJ’s ability to resolve such disputes; and (5) the possible future of the court’s role in resolving use-of-force disputes.

Keywords: International Judicial Procedures, Use of Force, International Court of Justice, International Disputes, International Adjudication, The UN Charter Prohibition on the Use of Force, International Law Constraints on the Use of Force

JEL Classification: K33, K42

Suggested Citation

Bilder, Richard, Judicial Procedures Relating to the Use of Force (January 1, 1991). Virginia Journal of International Law, Vol. 31, No. 2, p. 242, Winter 1991, Univ. of Wisconsin Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1633913

Richard Bilder (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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