Book contents
- Rewriting Histories of the Use of Force
- Cambridge Studies in International and Comparative Law: 160
- Rewriting Histories of the Use of Force
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- Introduction
- Part I The Use of Force in Nineteenth-Century Doctrine
- Part II The Use of Force in Nineteenth-Century Practice
- 5 Justifying the Use of Force in the ‘Centre’
- 6 Justifying the Use of Force in the ‘Semi-peripheries’
- 7 Justifying the Use of Force in the ‘Peripheries’
- Conclusion of Part II
- Part III The Narrative of Indifference in the Twentieth Century
- Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
5 - Justifying the Use of Force in the ‘Centre’
from Part II - The Use of Force in Nineteenth-Century Practice
Published online by Cambridge University Press: 10 September 2021
- Rewriting Histories of the Use of Force
- Cambridge Studies in International and Comparative Law: 160
- Rewriting Histories of the Use of Force
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- Introduction
- Part I The Use of Force in Nineteenth-Century Doctrine
- Part II The Use of Force in Nineteenth-Century Practice
- 5 Justifying the Use of Force in the ‘Centre’
- 6 Justifying the Use of Force in the ‘Semi-peripheries’
- 7 Justifying the Use of Force in the ‘Peripheries’
- Conclusion of Part II
- Part III The Narrative of Indifference in the Twentieth Century
- Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
This chapter is the first of three which attempts to question the assertion according to which the justifications brought forth by States when they resort to force were political and moral and had not legal content or reverberations. It focuses on instance of intervention in the 'centre', i.e., between so-called civilized nations. Five precedents are more particularly analysed in this Chapter: the Austrian intervention in Naples (1821), the Crimean War (1853–1856), the Franco-Prussian War (1870–1871), the Spanish-American War (1898), and the Austrian ultimatum to Serbia (July 1914). It shows how, in each of these instances, States took care to develop legal arguments to explain and justify their actions, sometimes even engaging in thorough debates about the legality of their respective behaviours.
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- Rewriting Histories of the Use of ForceThe Narrative of ‘Indifference', pp. 117 - 149Publisher: Cambridge University PressPrint publication year: 2021