Research Handbook on International Conflict and Security Law

Research Handbook on International Conflict and Security Law

Jus ad Bellum, Jus in Bello and Jus post Bellum

Research Handbooks in International Law series

Edited by Nigel White and Christian Henderson

This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace.

Chapter 1: Conflict prevention

Kenneth Manusama

Subjects: law - academic, human rights, public international law, terrorism and security law, politics and public policy, human rights, international politics, terrorism and security

Extract

The general purpose of this first chapter is to ascertain and outline the law of conflict prevention through peaceful means with a focus on the role of the United Nations Security Council (hereinafter ‘UNSC’). As such, it is a prelude to the bulk of this volume on the law applicable to armed conflict, albeit a very necessary one, because it is clear that it is better to prepare and prevent, than to repair and repent. Two overriding considerations dictate the scope of the inquiry. First, the study of conflict prevention could comprise various scholarly disciplines such as political science, economics and international law, but also anthropology and theology. Conflict prevention entails more than the enforcement of international law, as a legal rule may have yet to be broken, and sub-topics may vary from the root causes of conflicts to the effectiveness of shuttle diplomacy on the brink of conflict eruption.1 However, to an extent this chapter approaches conflict prevention in a manner that could be viewed as formalistic and legalistic, as the inquiry is conducted on the basis of public international law that provides relevant norms for, and allocates competences to, different actors. Secondly, conflict prevention is squarely placed within the context and institutions of the international collective security system. In doing so, it covers a few areas of the collective security system that are dealt with in far greater substance elsewhere in this volume, but which have a distinct preventive feature in them.

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