JIB/JAB Podcast JIB/JAB - Episode 6: Monica Hakimi on the Informal Regulation of Jus ad Bellum
Aug 29, 2020
Monica Hakimi, James V. Campbell Professor of Law and former State Department legal advisor specializing in public international law and the law on the use of force. She argues that U.N. Security Council tacit support can informally alter jus ad bellum norms. The conversation covers case studies like Mali, Yemen, Liberia, and U.S. strikes in Syria, plus rule-of-law and argumentative concerns.
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Security Council Endorsements Can Confer Authority
- The Security Council's nonbinding statements can functionally confer authority and alter an operation's normative status.
- Monica Hakimi shows that Council endorsements short of formal authorization made borderline interventions appear lawful in Mali, Yemen, and Liberia.
Council Used To Establish Legitimacy Facts For Consent
- The Council can be used to establish predicate facts (like who is the legitimate government) that justify intervention by consent.
- Hakimi cites Mali and Yemen where states sought Council backing that a particular faction constituted the legitimate authority to validate consent claims.
ECOWAS Liberia Intervention Became Accepted After Council Endorsement
- ECOWAS intervened in Liberia without formal Security Council authorization but later received Council endorsement that reduced objections.
- Hakimi uses Liberia to illustrate how post hoc Council engagement made a contested operation accepted despite weak doctrinal justification.
