The Venezuela Crisis 2019: Use of Lethal Force and Action Short of Force

2019 ◽  
Vol 113 ◽  
pp. 273-277 ◽  
Author(s):  
Mary Ellen O'Connell
Keyword(s):  
News Media ◽  
Use Of Force ◽  
Humanitarian Assistance ◽  
Legal Issues ◽  
Armed Force ◽  
Military Assistance ◽  
Lethal Force ◽  
Second Category ◽  
Taking Action ◽  
Dangerous Level

These comments briefly address two international legal issues of concern in the Venezuela crisis: the legality of any party resorting to lethal force or taking action short of lethal force. Turmoil in Venezuela moved to a new, more dangerous level, when in January 2019 the leader of the parliament, Juan Guaidó, claimed to be the legitimate president in place of the incumbent, Nicolás Maduro. A variety of parties have taken and have threatened to take action in the wake of Guaidó’s claim. The news media has reported on three categories of action short of lethal force, including economic sanctions, military assistance, and humanitarian assistance. In the second category, lethal force, two examples are most relevant, the use of force against protesters and others not organized to use armed force, and the use of force by, on behalf of, and against groups that are organized to fight.

Offensive Use of Force in Peace Operations: The Force Intervention Brigade

2016 ◽  
Vol 4 (2) ◽  
pp. 116
Author(s):  
Menent Savas Cazala
Keyword(s):  
Host Country ◽  
Democratic Republic ◽  
Use Of Force ◽  
Armed Force ◽  
Peace Operations ◽  
Basic Principles ◽  
Political Issues ◽  
Republic Of The Congo

This study focuses on the establishment of the force intervention brigade in the Democratic Republic of the Congo as an offensive armed force into the equation of peacekeeping and on the paradox related to legal, military and political issues. Introducing an overtly offensive combat force will confront controversial implications for UN peacekeeping’s basic principles regarding the use of force, consent of the host country and impartiality. The intervention brigade changed unprecedentedly the boundaries of peacekeeping while creating an environment of hesitation and reluctance in spite of successful actions and its renewed mandate since 2013.

Offensive Use of Force in Peace Operations: The Force Intervention Brigade

2016 ◽  
Vol 2 (2) ◽  
pp. 116
Author(s):  
Menent Savas Cazala
Keyword(s):  
Host Country ◽  
Democratic Republic ◽  
Use Of Force ◽  
Armed Force ◽  
Peace Operations ◽  
Basic Principles ◽  
Political Issues ◽  
Republic Of The Congo

This study focuses on the establishment of the force intervention brigade in the Democratic Republic of the Congo as an offensive armed force into the equation of peacekeeping and on the paradox related to legal, military and political issues. Introducing an overtly offensive combat force will confront controversial implications for UN peacekeeping’s basic principles regarding the use of force, consent of the host country and impartiality. The intervention brigade changed unprecedentedly the boundaries of peacekeeping while creating an environment of hesitation and reluctance in spite of successful actions and its renewed mandate since 2013.

Challenging the Ordinality of Police Use-of-Force Policy

2021 ◽  
pp. 088740342110383
Author(s):  
Scott M. Mourtgos ◽  
Ian T. Adams ◽  
Samuel R. Baty
Keyword(s):  
United States ◽  
Use Of Force ◽  
Police Department ◽  
The United States ◽  
Physical Force ◽  
Police Use Of Force ◽  
Lethal Force ◽  
Police Agencies ◽  
Municipal Police ◽  
Force Data

Most use-of-force policies utilized by U.S. police agencies make fundamental ordinal assumptions about officers’ force responses to subject resistance. These policies consist of varying levels of force and resistance along an ordinally ranked continuum of severity. We empirically tested the ordinal assumptions that are ubiquitous to police use-of-force continua within the United States using 1 year’s use-of-force data from a municipal police department. Applying a quantitative technique known as categorical regression with optimal scaling, we found the assumptions of ordinality within the studied department’s use-of-force continuum (which is similar to many police use-of-force continua within the United States) are not met. Specifying physical force as a “lower” force option than less-lethal tools is associated with increased officer injury and decreased subject injury. Our findings call into question use-of-force continua featuring ordinal rankings for varying categories of less-lethal force.

Reconciling Results on Racial Differences in Police Shootings

2018 ◽  
Vol 108 ◽  
pp. 228-233 ◽  
Author(s):  
Roland G. Fryer
Keyword(s):  
Social Sciences ◽  
Criminal Justice ◽  
Racial Differences ◽  
Use Of Force ◽  
First Century ◽  
Police Brutality ◽  
Investigative Journalism ◽  
Police Use Of Force ◽  
Lethal Force ◽  
The Social

Police use of force, particularly lethal force, is one of the most divisive issues of the twenty-first century. To understand the nexus of race, criminal justice, and police brutality, academics and journalists have begun to amass impressive datasets on officer-involved-shootings (OIS). I compare the data and methods of three investigative journalism articles and two publications in the social sciences on a set of five rubrics and conclude that the stark differences between their findings are due to differences in what qualifies for a valid research design and not underlying differences in the datasets.

scholarly journals The Challenge of Cyber Attacks in the “Information Age” and the Jus Ad Bellum

2019 ◽  
Vol 5 (2) ◽  
pp. 79
Author(s):  
Pshtiwan Mohammed Qader
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Information Age ◽  
Cyber Attacks ◽  
Armed Force ◽  
Critical Infrastructures ◽  
Cyber Attack ◽  
Armed Attack ◽  
Self Defense ◽  
The Right

The present paper examines the problem of cyber-attacks under existing international law. It takes the view that the (United Nations) UN Charter provisions on the use of force can be extended to cyber-attacks by means of interpretation although the relevant provisions do not explicitly address such issue. This Article argues that cyber-attacks resulting in material damage or destruction to property, death or injury to persons, or severe disruption of the functioning of critical infrastructures can be characterized as use of armed force and therefore violate the prohibition contained in article 2(4) of the Charter. However, cyber-attacks not resulting in the above consequences may be illegal intervention in the internal affairs of other states if such attacks are coercive in nature. In addition, the current study discusses that a cyber-attack which amounts to a use of armed force per se is not sufficient to give the victim state the right to self-defense, unless its scale and effects are equivalent to those of a conventional armed attack. Finally, the study concludes that an international cyber treaty is truly necessary to more effectively address cyber-attacks.

Threats and Coercive Diplomacy: An Ethical Analysis

2018 ◽  
Vol 32 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Gregory M. Reichberg ◽  
Henrik Syse
Keyword(s):  
Speech Act ◽  
Just War ◽  
Use Of Force ◽  
Ethical Analysis ◽  
Armed Force ◽  
International Affairs ◽  
Armed Attack ◽  
Coercive Diplomacy ◽  
Actual Use ◽  
Special Category

AbstractThreats of armed force are frequently employed in international affairs, yet they have received little ethical scrutiny in their own right. This article addresses that deficit by examining how threats, taken as a speech act, require a moral assessment that is distinctive vis-à-vis the actual use of armed force. This is done first by classifying threats within the framework of speech act theory. Then, applying standard just war criteria, we analyze conditional threats of harm under Thomas Schelling's twofold distinction of compellence and deterrence. We aim to show how threats of armed attack, while subject to many of the same evaluative principles as the corresponding use of force, nevertheless have distinctive characteristics of their own. These are outlined under the headings of just cause, ad bellum proportionality, legitimate authority, and right intention. The overall aim is to explain how threats in the international sphere represent a special category that warrants a just war analysis.

Use of Armed Force against Suspected Foreign Submarines in the Swedish Internal Waters and Territorial Sea

2018 ◽  
Vol 33 (3) ◽  
pp. 585-599
Author(s):  
Said Mahmoudi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Present Article ◽  
National Level ◽  
Use Of Force ◽  
Armed Force ◽  
National Legislation ◽  
Legal Arguments ◽  
Actual Response ◽  
Self Defence

Abstract Sweden’s territorial sea and internal waters have experienced regular intrusions by submerged foreign submarines since the early 1950s. The response of the country to such intrusions is generally well-documented and mainly public. The present article offers an overview of the development of the relevant national legislation, the actual response of the naval forces, and the legal arguments invoked at national level to justify or dismiss use of force in self-defence or under another title. The article discusses the relevance of the immunity that submarines normally enjoy under international law and Sweden’s human-rights obligations, two issues that have been at the centre of the legal discourse. Particular attention is paid to developments since 2014 when a new round of “submarine hunts” started and led to the adoption of new measures both revising the existing laws and strengthening the defence forces.

11. Use of force

2021 ◽  
pp. 149-164
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
United Nations Security Council ◽  
Armed Force ◽  
Collective Security ◽  
Armed Attack ◽  
Customary International Law ◽  
Significant Achievement ◽  
Self Defence

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the United Nations Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.

3 Direct Military Assistance on Request During Civil Wars

2020 ◽  
Author(s):  
De Wet Erika
Keyword(s):  
Civil War ◽  
Civil Wars ◽  
Military Intervention ◽  
Use Of Force ◽  
Organizational Practice ◽  
Military Assistance ◽  
Post Cold War ◽  
Current State ◽  
State Practice ◽  
The Right

This chapter examines whether the right to self-determination in international law prevents military intervention on the side of the recognized government during a civil war. Post-Cold War state and organizational practice does not convincingly support the claim that direct military assistance at the request of a recognized government is prohibited during a civil war, otherwise known as a ‘non-international armed conflict’ (NIAC). Attempts to explain current state practice by means of counter-terrorism and counter-intervention exceptions to a general prohibition of such assistance also is not grounded in state or organizational practice, nor are such exceptions viable in practice. Instead, state and organizational practice seems to confirm the right of recognized governments to request military assistance from third states, also during civil wars/NIACs, as long as they retain their recognized, de jure status. The potential lack of ‘representativeness’ in such a situation does not seem to limit the extent to which the de jure government can act on behalf of the state (and its people) in matters pertaining to the use of force.

Sign in / Sign up

Export Citation Format

Share Document