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Summary

This introduction highlights the prevailing uncertainty regarding the meaning of a ‘use of force’ under article 2(4) of the UN Charter and customary international law. It sets out the key research questions that this monograph addresses regarding the meaning of ‘use of force’ under jus ad bellum, including if ‘force’ means physical/armed force only and whether kinetic means or the use of particular weapons required, if a (potential) physical effect is required and the required nature of such effects, if there is a de minimis gravity threshold, and if a coercive or hostile intent is required. It also explains why the definition of prohibited force matters and its consequences under international law, including with respect to the gap between ‘use of force’ under article 2(4) and ‘armed attack’ under article 51 as well as the rise of grey zone operations. Finally, it sets out the aims and contributions of this monograph and an outline of its structure.

The International Court of Justice rendered its judgement on the merits in the case concerning Oil Platforms (Islamic Republic of Iran v. United States of America) on 6 November 2003. This article reviews the judgement, focusing on the Court's substantive legal determinations on the scope of ‘armed attack’ under the right of self-defence. The review further considers the implications of the judgement as regards the role of the Court in the judicial settlement of disputes. It concludes by considering the impact of the judgement on the legal framework for international peace and security as applied in the maritime context.

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Introduction

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‘Armed Attack’ after the Oil Platforms Case

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Introduction

Summary

‘Armed Attack’ after the Oil Platforms Case