AuthorCraig Forcese
1 Rear Admiral Andrew Drew, A Narrative of the Capture and Destruction of the
Steamer ‘Caroline’ and Her Descent over the Falls of Niagara (London: Spottis-
woode & Co, 1864).
1 The Queen’s Advocate, Attorney and Solicitor-General to Viscount Palmerston
(21 February 1838), Doc 29, in Kenneth Bourne, ed, British Documents on Foreign
Af‌fairs: Reports and Papers from the Foreign Oce Conf‌idential Print, Pt 1, Ser-
ies C, North America 1837–1914, vol 1 (Frederick, MD: University Publications
of America, 1986) at 27 & 28. Also reproduced in Arnold (Lord) McNair, Inter-
national Law Opinions (Cambridge: Cambridge University Press, 1956) at 225.
1 William Faulkner, Requiem for a Nun (New York: Vintage International, 2011)
at 69.
Chapter 1: Introduction
1 Counter-terrorism question 9656 (8 September 2015), online: www.
notes For pages 1–3
2 ISIS is the acronym for “Islamic State in Iraq and Syria” while ISIL stands for
“Islamic State of Iraq and the Levant.
3 UK Intelligence and Security Committee (ISC), UK Lethal Drone Strikes in Syria
Report (April 2017) at 6–10, online: a/‌iles/20170426_UK_Lethal_Drone_
4 For a discussion of the relevant facts, see Letter from the Permanent Repre-
sentative of the United Kingdom of Great Britain and Northern Ireland to the
United Nations (7 September 2015), addressed to the President of the Secur-
ity Council, S/2015/688. See also UK Parliament, Joint Committee on Human
Rights, The Government’s Policy on the Use of Drones for Targeted Killing, 2d
Report of Session 2015–16, HL Paper 141; HC 574 (10 May 2016), online: www. Soon
after, two other Britons were killed in US airstrikes. In one of these instances,
the prime minister announced “the UK intelligence and security Agencies had
been working with US colleagues to track down” the target. UK Intelligence and
Security Committee of Parliament, Annual Report 2015–2016 at 7, online: http://‌iles/2015-2016_ISC_AR.pdf.
5 UK, HC, Parliamentary Debates, vol 599, col 25 (7 September 2015).
6 Letter (7 September 2015), above note 4.
7 Joint Committee on Human Rights, above note 4; ISC, above note 3 at 6–10.
8 See Joint Committee on Human Rights, above note 4 at 45 and 97. See also
Counter-terrorism question, above note 1.
9 For the “grammar” analogy, see Martti Koskenniemi, From Apology to Utopia:
The Structure of International Argument (Cambridge: Cambridge University
Press, 2005) at 563 et seq. For similar points in relation to war, see Scott
Andrew Keefer, “‘An Obstacle, Though Not a Barrier’: The Role of International
Law in Security Planning during the Pax Britannica” (2013) 35:5 International
History Review 1031 at 1032.
10 See Max Roser, “War and Peace” (2016), online: Our World in Data https:// See also Steven Pinker, The Better Angels
of Our Nature (New York: Penguin Books, 2012). There is occasional contro-
versy over the data and how they should be interpreted. See John Gray, “Ste-
ven Pinker Is Wrong about Violence and War” The Guardian (13 March 2015),
wrong-violence-war-declining; Kristian Skrede Gleditsch & Steve Pickering,
“Wars Are Becoming Less Frequent: A Response to Harrison and Wolf” (2014)
67:1 Economic History Review 214. See also Oona Hathaway & Scott Shap-
iro, The Internationalists: How a Radical Plan to Outlaw War Remade the World
(Toronto: Simon & Schuster, 2017) at 334.
11 See, for example, Eric Posner, “Have the Use of Force Rules Reduced the Fre-
quency of War?” (5 March 2014), online: Eric Posner
have-the-use-of-force-rules-reduced-the-frequency-of-war. Posner (along
with others) is generally skeptical of the role international law plays in shaping
notes For pages 3–10
state behaviour. See Jack Goldsmith & Eric Posner, The Limits of International
Law (Oxford: Oxford University Press, 2009).
12 See Eliot Cohen, The Big Stick: The Limits of Soft Power and the Necessity of
Military Force (New York: Basic Books, 2016).
13 There is a considerable literature on this issue. For an overview on the “pol-
itics of justif‌ication” and studies detailing the impact of international law and
political decision-making in the context of use of force, see Ryan Goodman,
“Humanitarian Intervention and Pretexts for War” (2006) 100 American Jour-
nal of International Law 107 at 114 and 123; Charlotte Peevers, The Politics of
Justifying Force: The Suez Crisis, the Iraq War, and International Law (Oxford:
Oxford University Press, 2014). For a more detailed theory of international
law and international decision- making, see Jutta Brunnée & Stephen Toope,
Legitimacy and Legality in International Law (Cambridge: Cambridge Univer-
sity Press, 2010). See also Harold Koh, “Why Do Nations Obey International
Law?” (1997) 106 Yale Law Journal 2599; Oona Hathaway & Scott Shapiro,
“Outcasting: Enforcement in Domestic and International Law” (2011) 121 Yale
Law Journal 252.
14 On this last point, the International Criminal Court will soon have jurisdiction
over the crime of “aggression,” at least in relation to those states who par-
ticipate fully in the regime. More generally, see Peevers, above note 13, for a
discussion of the political calculus associated with international law and use
of force.
15 Keefer, above note 9 at 1037–38. The Earl of Clarendon’s statement was made
about the ef‌fect of including a mediation provision in an 1856 peace treaty.
16 See, most recently, Hathaway & Shapiro, above note 10 at xxi.
Part I: The Destruction of the
1 Poem which appeared originally in Coburg Star (7 February 1838), reproduced
in Robina Lizars & Kathleen MacFarlane Lizars, Humours of ’37: Grave, Gay
and Grim: Rebellion Times in the Canadas (Toronto: William Briggs, 1897) at 9.
Chapter 2: The Insurgency
1 Robina Lizars & Kathleen MacFarlane Lizars, Humours of ’37: Grave, Gay and
Grim: Rebellion Times in the Canadas (Toronto: William Briggs, 1897) at 203.
2 Alasdair Roberts, America’s First Great Depression (Ithaca: Cornell University
Press, 2012) at 86.
3 Herbert Bell, Lord Palmerston (London: Longman, Green, 1966) vol 1 at 244.
4 Except as otherwise noted, the summary of the situation in the Canadas and
the 1837 rebellions is drawn from Edwin Guillet, The Lives and Times of the
Patriots (Toronto: Ontario Publishing, 1963); Frederick H Armstrong & Ronald
J Stagg, “Mackenzie, William Lyon” in Dictionary of Canadian Biography, Vol IX
(1861–1870), online:

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