International law and Use of Force

1
International law and Use of Force

• Lecture 28
• March 30

2
ASSIGNMENTS

• Wednesday, April 1
• Final draft of paper due
• Guest Speaker
• Professor Kanner Terrorism and International
  Law
• Attendance compulsory
• Friday, April 3
• UN and the Use of Force p.571 Peacekeeping
• A More Secure World Our Shared Responsibility p.
  569
• UN and the Use of Force p.571 Peacekeeping
• Certain Expenses Case p.576
• Kuwait p.580
• Iraq p. 599
• UN Reform p. 610 - A More Secure World Our
  Shared Responsibility p. 569
• War in Iraq 2003 p.599
• UN Reform p. 610 - A More Secure World Our
  Shared Responsibility p. 569
• International law rules on jurisdiction slides
  only

3
Class presentations

• The materials can be used in quizzes and exams
• Make sure if you miss any of them you get the
  information from classmates
• Three important points for each presentation
  send power point or outline 2 days ahead of day
  of presentation

4
Limitations on the use of force

• Prohibition against use of (military) force
• Art. 2(4) considered jus cogens
• Exceptions to the prohibition on use of force -
• 1. Self defense Art. 51 if armed attack
  occurs
• an exception to UN Charter 2(4) and customary
  intl law prohibition on the use of force by
  states
• 2. ART.42-UN Security Council USE OF FORCE
  (UNSC action)
• Art. 2(3) commits members to settle disputes by
  peaceful means

5
WAR ON TERRORISMAfghanistan

• - Hijacking and using airplanes as lethal weapons
  against U.S. was ARMED ATTACK
• - U.S. did declare itself to have been attacked
• - U.S. did request assistance.
• - U.S. worked with NATO which on the evidence
  presented, invoked NATO Art.5 collective
  self-defense in accordance with UN Charter Art.51

6
Self defense (OConnell excerpt)

• Lawful self defense
• Victim of significant armed attack
• Armed attack underway or more armed attacks
  planned
• Defending States target must be responsible for
  the significant armed attack
• Force used must be necessary for the purpose of
  defense and must be proportional
• US National Security Strategy Preemptive action

7
Uniting for Peace Resolution

• Shift of responsibility from UNSC to General
  Assembly
• Why?
• Cold War use of veto power made UNSC powerless

8
Uniting for Peace Resolution

• - Korean War 1950 (Police action)
• UNSC action, under US leadership
• proxy war US defending South Korea which was
  invaded by North Korea, then China joined in
• - Suez crisis 1956 Egypt nationalized the Suez
  Canal Company Israel attacked. British and
  French demanded Israel and Egypt withdraw from
  the Canal area. Egypt objected, the British began
  bombing Egyptian targets and French and British
  paratroops were dropped near Port Said

9
Peacekeeping

• Peacekeeping not mentioned in the UN Charter
• Chapter VI ½
• Uniting for Peace - Certain Expenses Case
  Advisory Opinion
• GA could take measures involving peacekeeping
  forces implied powers