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Andrew Garwood-Gowers – Faculty of Law, QUT

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.

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Andrew Garwood-Gowers – Faculty of Law, QUT

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  1. 19th annual anzsil conference - the promise and limits of international law – 23-25 June 2011 canberra, australiaInternational law and the regulation of violence: shifting perceptions of the legitimacy of the jus ad bellum? Andrew Garwood-Gowers – Faculty of Law, QUT

  2. 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 justifications 2. apparent lack of concern over legality Shifting perceptions of legitimacy of the jus ad bellum?

  3. 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

  4. Legitimacy and the jus ad bellum • Post-Iraq debate: ‘Realists’ vs. ‘Liberals’ • State rhetoric and legal discourse as indicators of states’ perceptions of legitimacy

  5. 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: • Failure to offer explicit legal justifications/report use of force to Security Council • International community’s apparent lack of concern over legality of uses of force

  6. Interpretations and implications Shifting perceptions of legitimacy? - ‘realist’ interpretation - ‘war on terror’ and ‘unequal sovereigns’ - natural development of customary international law

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