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    The Use of Armed Force Outline: Cecilia M. Bailliet

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    leeashlee
    The document outlines the international legal framework governing the use of armed force under the UN Charter and customary international law. It discusses the general prohibition on the use of force in Article 2(4) and exceptions for individual or collective self-defense if an armed attack occurs as outlined in Article 51. It also examines debates around anticipatory self-defense, responses to non-state actors, conditions for lawful self-defense such as necessity and proportionality, Security Council authorization, and humanitarian intervention.

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    The Use of Armed Force Outline: Cecilia M. Bailliet

    Uploaded by

    leeashlee
    83 views16 pages
    The document outlines the international legal framework governing the use of armed force under the UN Charter and customary international law. It discusses the general prohibition on the use of force in Article 2(4) and exceptions for individual or collective self-defense if an armed attack occurs as outlined in Article 51. It also examines debates around anticipatory self-defense, responses to non-state actors, conditions for lawful self-defense such as necessity and proportionality, Security Council authorization, and humanitarian intervention.

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    Customary International Law

    Original Title

    Armed Force

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    The document outlines the international legal framework governing the use of armed force under the UN Charter and customary international law. It discusses the general prohibition on the use of force in Article 2(4) and exceptions for individual or collective self-defense if an armed attack occurs as outlined in Article 51. It also examines debates around anticipatory self-defense, responses to non-state actors, conditions for lawful self-defense such as necessity and proportionality, Security Council authorization, and humanitarian intervention.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    83 views16 pages

    The Use of Armed Force Outline: Cecilia M. Bailliet

    Uploaded by

    leeashlee
    The document outlines the international legal framework governing the use of armed force under the UN Charter and customary international law. It discusses the general prohibition on the use of force in Article 2(4) and exceptions for individual or collective self-defense if an armed attack occurs as outlined in Article 51. It also examines debates around anticipatory self-defense, responses to non-state actors, conditions for lawful self-defense such as necessity and proportionality, Security Council authorization, and humanitarian intervention.

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    The Use of Armed Force

    Outline
    Cecilia M. Bailliet

    UN Charter Art. 1

    To maintain international peace and


    security, and to that end: to take effective
    collective measures for the prevention and
    removal of threats to the peace, and for the
    suppression of acts of aggression or other
    breaches of the peace, and to bring about
    by peaceful means, and in conformity with
    the principles of justice and international
    law, adjustment or settlement of
    international disputes or situations which
    might lead to a breach of the peace;

    UN Charter Art. 2 (4)

    All members shall refrain in their


    international relations from the threat or use
    of force against the territorial integrity or
    political independence of any State, or in
    any other manner inconsistent with the
    Purposes of the United Nations.
    ICJ Cases: Corfu Channel, The Wall,
    Nicaragua ICJ, obligation not to use force is
    jus cogens, principle of non-intervention is
    customary international law.

    UN General Assembly
    Resolutions

    Declaration on the Inadmissibility of


    Intervention in the Domestic Affairs of
    States (2131, 1965)
    Declaration of the Principles of International
    Law (2625, 1970) (States should refrain
    from reprisals)
    Definition of Aggression (3314, 1974)
    Resolution on Enhancing the Effectiveness
    of the Prohibition of the Use of Force
    (42/22, 1987)

    Friendly Relations
    Declaration 1970

    Every State has the duty to refrain from


    organizing, instigating, assisting or
    participating in acts of civil strife or terrorist
    acts in another State or acquiescing in
    organized activities within its territory
    directed towards the commission of such
    acts, when the acts referred to in the
    present paragraph involve a threat or use of
    force.

    Use of Force

    Invasion
    Bombardment
    Blockade
    Armed attack (launching of missiles,
    deployment of armed groups)
    Inappropriate use of military force
    present in another states territory by
    consent

    Does 2 (4) permit:

    Use of force in rescue operations


    (Israel in Uganda, USA in Grenada)
    Use of force to promote democracy
    (USA in Haiti)
    Use of force to support selfdetermination
    What about lack of effectivenes of
    Security Council?

    Exceptions to Prohibition
    on the Use of Force

    Art. 51: Nothing in the present Charter shall


    impair the inherent right of individual or
    collective self-defence if an armed attack
    occurs against a Member of the United
    Nations, until the Security Council has taken
    measures necessary to maintain
    international peace and security. Measures
    taken by Members in the exercise of this
    right of self-defence shall be immediately
    reported to the Security Council.
    Case: Nicaragua ICJ

    Definition of Armed
    Attack

    ICJ Nicaragua Case:


    The sending by or on behalf of a State of
    armed bands, groups, irregulars or
    mercenaries, which carry out acts of armed
    force against another State of such gravity
    as to amount to an actual armed attack, or
    its substantial involment
    See UNSC resolution 1368 and 1373
    (attacks by terrorists are threat to the peace
    justifying self-defence)

    Use of Armed Force

    Use of armed force to conduct rescue operation


    for the protection of Nationals
    Response to armed attack that has already
    occurred (strict constructionist school)
    Response to an imminent armed attack that has not
    yet occurred (anticipatory self-defense) (1896
    Caroline case, UK attack of the Caroline schooner
    necessary to prevent supplies to Canadian rebels.
    US Sec. of State Webster: necessity of selfdefence is instant, overwhelming, leaving no choice
    of meanse, and no moment for deliberation.)
    (Imminent and unavoidable)
    Response to possible grave attack that may occur
    in the future if action is not taken (preemptive selfdefense) (Bush Doctrine- use of force against rogue
    states possessing WMDs)

    Use of Armed Force


    Against Non-State Actor

    UN Security Council Resolutions 1368


    & 1373- terrorist attacks threaten
    international peace and security, right
    to self-defense
    But see ICJ, Israeli Wall Opinion, Art.
    51 right to self-defence refers to
    armed attack by one state against
    another state.

    Collective Self Defence

    NATO Treaty, Article 5: An Armed


    Attack against one party shall be
    considered an armed attack against all
    NATO parties

    Conditions of SelfDefense Action

    Armed Attack/invitation by victim state to


    respond
    Necessity: are there peaceful alternatives to
    self-defense. Is use of force necessary to
    recuperate land or repel attack?
    Proportionality
    Report actions to SC
    Customary International Law
    ICJ: Nicaragua, Nuclear Weapons, Oil
    Platforms cases

    Authorization by the UN
    Security Council

    UN Charter Arts. 24 & 39: UN Security Council may


    authorize states to use force.
    UN Charter, Chapter VII,(Arts. 39,41, 42) UN
    Security Council determines existence of threat to
    peace, breach of the peace, or act of aggression
    Peace Enforcement
    Peacekeeping (UN Charter Chapter VI, or Chapter
    VII)
    Self-determination (SC action in support of people
    of East Timor)

    Regional Organizations

    UN Charter Chapter VIII


    Inter American Treaty of Reciprocal
    Assistance (Rio Treaty), OAS Charter
    African Union
    Economic Community of West African
    States (ECOWAS)
    Arab League
    NATO

    Humanitarian
    Intervention

    If government fails to protect the rights of its


    people (there is a risk of overwhelming
    humanitarian catastrophe, govt is unwilling or
    unable to prevent), the intl community is entitled to
    intervene.
    Is it an autonomous right, or is it contingent on SC
    resolution (Chap VII)?
    Must it be a collective action?
    Is use of bombs legitimate?
    Are there alternatives?
    Proportionality
    Case: Legality of the Use of Force (Yugoslavia v.
    Belgium) ICJ

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