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27 October 2023 / Marc Weller , Malik Dahlan
Issue: 8046 / Categories: Opinion , International
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Every war must aim for peace

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Beyond the dark headlines & predictions, could Israel use this moment of great moral & military strength to achieve a real reordering of the Middle East? Marc Weller & Malik Dahlan

War may well be another means of politics, as Carl von Clausewitz famously observed. But like Machiavelli, who had similar thoughts, Clausewitz is not an appealing character in the history of political philosophy. His views on the primacy of the national interest over ethics have remained as controversial now as they were when he first set pen to paper. Indeed, some may regard the firm denial of war as just another option of policy, a denial now enshrined in the Charter of the United Nations, as the principal achievement of civilisation since that time.

Self-defence applies

Of course, a defensive war remains legitimate, provided the strict conditions of self-defence enunciated in Art 51 of the UN Charter are met. Since 9/11, it is clear that self-defence can also be invoked against non-state actors, in that case the al-Qaida terrorist movement. Clearly, the attack on Israeli civilians by

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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