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This chapter explicates the various ways in which contemporary warfare challenges post-1945 international law on the use of force and the conduct of war. It begins by exploring the rules governing the use of force against non-state actors. This is one of the most pressing issues of the war on terror, much of which has involved military operations against terrorist groups operating from the territory of states that cannot or will not suppress their activities. In particular, campaigns by the US and several other states against ISIS in Syria have seriously undermined the international law framework governing self-defence and the right of states to have their sovereignty and territorial integrity respected. The chapter then looks at another trademark policy of the war on terror: the use of targeted killings, often carried out by unmanned drones, to eliminate suspected terrorists. It also considers a new type of warfare altogether: the emerging phenomenon of cyber warfare, which, too, has implications for both jus ad bellum and jus in bello.

The EU’s ambitions to be a global power are a surprising by-product of European integration. Students of European foreign policy mostly focus on EU trade, aid, and the Common Foreign and Security Policy (CFSP). But the national foreign policy activities of its member states cannot be neglected. On most economic issues, the EU is able to speak with a single voice. It has more difficulty showing solidarity on aid policy but is powerful when it does. The Union’s external policy aspirations now extend to traditional foreign and security policy. But distinct national policies persist, and the EU suffers from fragmented leadership. The chapter begins by considering the development of EU foreign policy and then considers how a national system of foreign policies exists alongside EU policies in the area of trade and international development. It then examines the EU’s CFSP and Common Security and Defence Policy (CSDP).