International law and the us of force by states

The prohibition on the use of force

Art 2(4) from the UN charter requires all members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.

Use of Force Exceptions

Self Defense, and Security Council Authorization

1970 Friendly Relations Declaration

1. No wars of aggression

2. No armed reprisals

3. No organizing, assisting or participating in civil strife or terrorist acts in another state

4. No force to violate existing frontiers or solve disputes

5. No force to deprive people of self-determination

Just war (agustin, aquinas)

A war is lawful if the cause is just, there is a right intention and sovereign authority.

Self-Defense

The inherent and natural right of a state to use force to repel an armed attack

Self Defense explanation

Art 51 of the UN charter says it can be exercised individually or collectively until the Security Council takes necessary measures.

Necessary Measures of Self Defense

Must meet the customary requirements of necessity and proportionality.

Caroline Test (Customary Law 1837)

Necessity of self-defense must be: instant, overwhelming, leaving no choice of means, and no moment for deliberation.

Armed Attack

The gravest forms of use of force are actions by regular forces across a border and sending armed bands in such gravity.

Forms of the right of self-defense

Can be both a custom and treaty

Necessity

A reasonable conclusion, based on the facts known at the time.

Proportionality

A response must match the attack or threat, not exceed it, weapons used must also meet the laws of armed conflict.

Anticipatory (interceptive) self-defense

Force against an attack that is imminent and unavoidable, probably lawful under Carolina criteria, depends on evidence.

Pre-emptive Self-Defense

Force against possible future threats, goes beyond current law.

Terrorism

Dispute attacks on property, motives, and state terrorism, a threat to international peace and security even though there is no legal definition on an international level.

Collective Self-Defense

the right of states to help another state/victim of an armed attack, but the state must declare themselves attacked and request assistance ex: Nicaragua.

Retorsion

An unfriendly, but lawful act as a response to another state´s conduct

Reprisal

An illegal act in retaliation for earlier illegal acts, usually prohibited under modern international law. 2 wrongs don´t make a right.

Countermeasures

Non-forceful reprisals to respond to a country´s legal act, still lawful under modern law.

Pacific Blockade

Naval blockade, where a country uses its navy to block another country´s ships to pressure it without officially declaring war, only the Security Council can authorize it.

Non-Intervention

A customary principle (territorial sovereignty) prohibiting a state from using coercion or forcing another state to make decisions about its own politics/economy/society. There is no general right to intervene just because you support the opposition.

Civil War

Armed conflict between groups within the same country, usually between the government and groups trying to change or overthrow it.

Rebellion

People fighting against their government, treated as criminals under domestic law, should not be intervened in by other countries.

Insurgency

Rebels become an organized armed group. Other countries may officially recognize the situation and choose to deal with them.

Belligerency

More formal status, where the rebels now turn into a party to armed conflict with rights and duties under the laws of war.

Recognition of Belligerants

1. Have an organized military structure

2. Respect the rules of war

3. Control a significant amount of territory

Role of other states recognizing belligerancy

They must remain neutral

Aid to Gov

Generally legal if Gov asks for help, gov must be the actual authority with effective control over the country, democratic legitimacy is not the main test.

Aid to rebels

Generally Illegal under IL, other states cannot support armed groups trying to overthrow the government, if support involves significant military force it may violate art. 2(4) from the UN Charter.

Humanitarian Intervention

When one or more countries use military force inside another country to protect people from serious human rights abuses, without permission from the Security Council, they violate art. 2(4), which prohibits the use of force against another state.

Humanitarian Intervention Problem

That powerful countries could use it as an excuse to interfere in other countries. Ex: Syria 2013-2018

Responsibility to Protect (R2P)

Prevent, react, rebuild

Prevent

stop human abuses before it happens.

React

Take action when atrocities occur

Rebuild

Help the country recover after crises