Use of Force

This chapter reviews domestic cases that address the legality or otherwise of the use of force by states—the jus ad bellum—including military actions undertaken in self-defence, or under United Nations Security Council authority, as well as more contested claims (for example, targeted killings). Two sets of cases are considered: those that amount to a direct challenge to the legality of the use of force by the government of the state, where the court’s major concern is whether it is willing and able to reach decisions on the legality of the use of force given its highly politiciseized nature; and those dealing with indirect challenge or review, where the legality of the war or use of force comes up as a defence or excuse for behaviour, or to support a claim of human rights abuse.