The Legality of the Use of Force to Recover Occupied Territory

1980 ◽  
Vol 15 (2) ◽  
pp. 160-179
Author(s):  
Nathan Feinberg
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
Party Leaders ◽  
Occupied Territory ◽  
Take Back ◽  
Heads Of State

Numerous and complex problems relating to the prohibition of the use of force in international relations have arisen in the protracted Arab-Israel conflict. One of these—and certainly not the least important—is whether there exists any foundation, from a legal point of view, to the claim by the Arab States that the Charter of the United Nations and general international law entitled them to resort to armed force in order to take back the territories occupied by Israel in the Six Day War of 1967. This claim to a right to a military option has been put forward not only in slogans flaunted in fiery speeches by second-rate politicians or extreme party leaders, but by the Heads of State responsible for the formulation of their countries' foreign policy.

The protection of civilians mandate in UN peacekeeping operations: reconciling protection concepts and practices

2013 ◽  
Vol 95 (891-892) ◽  
pp. 517-538 ◽  
Author(s):  
Haidi Willmot ◽  
Scott Sheeran
Keyword(s):  
Human Rights ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Critical Role ◽  
Use Of Force ◽  
Physical Protection ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
The Common

AbstractThe ‘protection of civilians’ mandate in United Nations (UN) peacekeeping operations fulfils a critical role in realising broader protection objectives, which have in recent years become an important focus of international relations and international law. The concepts of the ‘protection of civilians’ constructed by the humanitarian, human rights and peacekeeping communities have evolved somewhat separately, resulting in disparate understandings of the associated normative bases, substance and responsibilities. If UN peacekeepers are to effectively provide physical protection to civilians under threat of violence, it is necessary to untangle this conceptual and normative confusion. The practical expectations of the use of force to protect civilians must be clear, and an overarching framework is needed to facilitate the spectrum of actors working in a complementary way towards the common objectives of the broader protection agenda.

scholarly journals The Legality Of Nato'S Action In The Former Republic Of Yugoslavia (Fry) Under International Law

2000 ◽  
Vol 49 (4) ◽  
pp. 910-925 ◽  
Author(s):  
Christine Chinkin
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Territorial Integrity ◽  
Political Independence ◽  
The United Nations ◽  
United Nations Charter

The use of force has been prohibited in international relations since at least the United Nations Charter, 1945. Article 2 (4) of the Charter states: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 United Nations.

scholarly journals International law on the principle of non-use of force or the threat of force

2020 ◽  
Vol 6 (3) ◽  
pp. 115-122
Author(s):  
Vladimir A. Jilkine
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Military Force ◽  
Legal Analysis ◽  
Fundamental Factor ◽  
The World ◽  
The United Nations

The Article presents an analysis of the main provisions of the principle of non-use of force or the threat of force proclaimed in the UN Charter and amended by Helsinki Final Act. The UN Charter puts first the principle of non-use of force or the threat of force among the main principles of international law, which is a fundamental factor in ensuring peace and safety throughout the world. The only mechanism for making decisions on the use of military force as the final argument can only be the UN Charter. The problem of the use of force was and remains one of the most complex and debatable in international law. The article provides a comparative and legal analysis of sources of international law governing the use of force or the threat of force in international law and individual cases in the practice of international relations. Russia does everything possible to prevent the use of military force in violation of the Charter of the United Nations, destabilization of the situation in the world, and builds international relations on the principles of international law for ensuring the reliable and equal security of states.

The Concept of "Just War" in Contemporary International Law

10.12737/3468 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 117-126 ◽  
Author(s):  
Кира Сазонова ◽  
Kira Sazonova
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Just War ◽  
Use Of Force ◽  
Armed Forces ◽  
Responsibility To Protect ◽  
Practical Implementation ◽  
The United Nations ◽  
Real Challenge

The aims and goals of war have drastically changed during the recent decades. The prohibition of the use of force fixed in the Charter of the United Nations became a real challenge to many states. Nevertheless, we observe regular use of force in international relations. Though "classic" interstate wars became rather rare, the states continue to solve their political problems by exploiting the armed forces. In these circumstances it is problematic to explain the use of force from the legal point. That is why we talk so much about "preventive self-defence", "humanitarian intervention", "the responsibility to protect" and some other controversial concepts. One of the most disputable among them is a "just war" concept, which has practically not been analyzed in our domestic doctrine. However, the western school of international law is actively implementing precisely the legal dimension of the "just war" concept. Of course, the concept itself is extremely political, but the consequences of its practical implementation may have a great impact on contemporary international law, as it tries to legitimize the use of force in circumvention of the Charter of the United Nations. Because of the huge importance of the question, the analysis of the concept seems extremely actual.

scholarly journals The principle of preventing the threat of force in international relationsWithin the framework of the Charter of the United Nations: مبدأ منع التهديد باستعمال القوة في العلاقات الدولية في إطار ميثاق الأمم المتحدة

2019 ◽  
Vol 3 (9) ◽  
Author(s):  
AMIR HUSIN, YOUSIF ABDULLA ALMARZOOQI, FAREED BIN MOHD HASSA
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Legal Order ◽  
International Peace ◽  
International Legal Order ◽  
Descriptive Approach ◽  
The United Nations ◽  
International Conventions

The study dealt with the principle of preventing the threat of use of force in international relations within the framework of the Charter of the United Nations by stating the content of the principle of preventing the threat of use of force in accordance with Article 2/4 of the Charter of the United Nations and analyzing legitimate exceptions to the use of force in accordance with the provisions of general international law. In order to achieve the objectives of the research, the descriptive approach was adopted to analyze the provisions of the Charter of the United Nations and international law and the international conventions governing the principle of preventing the threat of force in international relations and the views of scholars of international law. The problem of research is highlighted in the weaknesses of the Charter of the United Nations Force in international relations. The study concluded that the principle of preventing the threat of force in international relations was one of the fundamental pillars of the international legal order established by the Charter of the United Nations. The study reached a number of recommendations, the most important being the re-evaluation of measures to maintain international peace and security through a review of The Security Council acted by reducing the veto.

The United Nations and Some African Political Attitudes

1964 ◽  
Vol 18 (3) ◽  
pp. 499-520 ◽  
Author(s):  
Ali A. Mazrui
Keyword(s):  
Political Philosophy ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Foreign Relations ◽  
Point Of View ◽  
Diplomatic Relations ◽  
African Countries ◽  
The Status ◽  
Domestic Affairs

What constitutes “sovereign statehood”? Elaborate answers can be given under international law, under theories of international relations, under jurisprudence, and under general political philosophy. But from the point of view of African countries the empirical answer is perhaps the simplest. These countries know that it was not when they assumed control of their domestic affairs that they ceased to be colonies. As a matter of experience, many of them found that the ultimate expression of sovereignty was not direct rule internally but direct diplomatic relations with other countries abroad. The very process of attaining independence might, in their case, be reduced to a single catch phrase—“from foreign rule to foreign relations.” In other words, an African colony was said to have attained independence when it had moved from the status of being under foreign rule to the status of conducting foreign relations with full authority.

Basic principles of Russian foreign policy under Vladimir Putin

Upravlenie ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 116-122
Author(s):  
Sadeghi Elham Mir Mohammad ◽  
Ahmad Vakhshitekh
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
World Order ◽  
Policy Decision ◽  
Point Of View ◽  
Russian Foreign Policy ◽  
National Interests ◽  
Basic Principles ◽  
Interstate Relations ◽  
The Moment

The article considers and analyses the basic principles and directions of Russian foreign policy activities during the presidency of V.V. Putin from the moment of his assumption of the post of head of state to the current presidential term. The authors determine the basic principles of Russia's foreign policy in the specified period and make the assessment to them. The study uses materials from publications of both Russian and foreign authors, experts in the field of political science, history and international relations, as well as documents regulating the foreign policy activities of the highest state authorities. The paper considers the process of forming the priorities of Russia's foreign policy both from the point of view of accumulated historical experience and continuity of the internal order, and in parallel with the processes of transformation of the entire system of international relations and the world order. The article notes the multi-vector nature of Russia's foreign policy strategy aimed at developing multilateral interstate relations, achieving peace and security in the interstate arena, actively countering modern challenges and threats to interstate security, as well as the formation of a multipolar world. The authors conclude that at present, Russia's foreign policy activity is aimed at strengthening Russia's prestige, supporting economic growth and competitiveness, ensuring security and implementing national interests. Internal political reforms contribute to strengthening the political power of the President of the Russian Federation and increasing the efficiency of foreign policy decision-making.

Consolidation of Statehood through Membership in the UN: Some Remarks on Kosovo, Democracy and International Law

2018 ◽  
Vol 43 (3) ◽  
pp. 331-349
Author(s):  
Iliriana Islami ◽  
Remzije Istrefi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
State Building ◽  
Former Yugoslavia ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Building Process

Kosovo declared its independence on 17 February 2008. Subsequently, one of the aims of Kosovo’s foreign policy was to further consolidate this position and to justify Kosovo’s prospective membership in the United Nations. This article examines the issue of recognition, elucidating how Kosovo is different from other countries and comparing it with the case of the former Yugoslavia. Other aspects in the state-building process such as ‘building constitutionalism’ will be presented as a step toward justifying recognition and membership. Furthermore, the Advisory Opinion of the International Court of Justice (ICJ) of 8 October 2008 will be presented as evidence of Kosovo’s strengthening international position in its quest for further recognition. Thus, the article will discuss and analyze the arguments in favor of Kosovo being admitted to the UN.

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