The Use of Force and Just War

CRIME OF AGGRESSION

  • Defined as planning or executing large-scale military aggression (e.g., invasion, annexation).

  • Leadership crimes; only decision-makers can be held accountable.

JUST WAR THEORY

  • Conditions for a just war include:

    • Competent Authority: Public officials must declare war.

    • Probability of Success: War should have achievable aims.

    • Last Resort: All non-violent options must be exhausted.

    • Just Cause: Must protect innocent life in imminent danger.

  • Jus ad bellum: Right to go to war; jus in bello: Right conduct in war.

RULES OF WAR AND LEGAL FRAMEWORK

  • Governed by international laws such as IHL and IHRL.

  • Lethal force allowed only as a last resort under IHRL.

  • Principles under IHL:

    • Proportionality: Balancing military necessity against civilian harm.

    • Distinction: Differentiating between combatants and non-combatants.

    • Precaution: Taking measures to avoid civilian harm before attacks.

UNITED NATIONS CHARTER

  • Article 2 §4: Prohibits the threat or use of force against states.

  • Authorizes force in specific cases:

    • Security Council resolutions for maintaining peace.

    • Article 51: Right to self-defense if attacked.

RESPONSIBILITY TO PROTECT (R2P)

  • States must intervene in cases of crimes against humanity (e.g., genocide).

  • Controversies exist regarding the definition of genocide and intervention.

PEACEKEEPING OPERATIONS

  • Established to maintain peace and security through various missions.

  • Types include: Observation, Interpositional, Multidimensional, and Peace enforcement missions.

  • UN Charter, Chapter VI & VII determines the conditions under which peacekeeping can occur.

PEACEKEEPING CHALLENGES

  • Peacekeepers face risks of violence and have historically committed crimes.

  • Reports of sexual exploitation and health crises (e.g., choleral outbreak).

SELF-DEFENSE AND INTERNATIONAL LAW

  • Nicaragua v. United States case established broader self-defense definitions (not limited to armed attacks).

  • Caroline case articulated criteria for self-defense: necessity and proportionality.

  • Controversy over states using force to protect nationals abroad.