The Political and Legal Force of the Prohibition of Force: Assessing State Behaviour

2008 ◽  
Vol 21 (4) ◽  
pp. 995-1003
Author(s):  
ALFRED VAN STADEN
Keyword(s):  
Effective Control ◽  
Military Force ◽  
The Us ◽  
Un Security Council ◽  
Us Government ◽  
State Behaviour ◽  
The Right ◽  
Military Campaign ◽  
The Military ◽  
Self Defence

Recent political developments on the global scene have shed new light on established rules concerning the employment of military force while giving rise, among other things, to a reappraisal of the scope and limits of the right of self-defence. The terrorist attacks of September 2001 raised the question of whether actions by non-state actors can fall within the concept of ‘armed attack’. Those attacks were defined by UN Security Council Resolution 1368, under Article 39 of Chapter VII of the UN Charter, as ‘a threat to international peace and security’, but the ambiguous formulation left sufficient scope for upholding the prevailing view that Article 51 may only be invoked in the case of conflict between states. According to this view, which meanwhile has been contested, any resort to self-defence for legally justifying unilateral military action against terrorist organizations operating in other countries needs to be supported by evidence or argumentation that attacks perpetrated by those organizations can be attributed to a state. In defending the military campaign conducted to oust the Taliban regime in Afghanistan, the US government could credibly argue that this regime, exercising effective control over the country, was to be held accountable since it was harbouring members of al Qaeda on its territory and was actively supporting them.

The Alleged Use of Chemical Weapons Against the Syrian People: Does It Justify Forceful Intervention?

2017 ◽  
Vol 21 (2) ◽  
pp. 138-159
Author(s):  
S. Krishnan
Keyword(s):  
Crimes Against Humanity ◽  
American People ◽  
Chemical Weapons ◽  
Military Force ◽  
Us Military ◽  
Geneva Conventions ◽  
The Us ◽  
Us Government ◽  
The Usa ◽  
Military Campaign

The USA continues to deliberate over the use of military force against the Syrian regime under Bashar al-Assad, after its alleged use of chemical weapons against civilians. So long as the UN Security Council does not agree with intervention, any US action is not permissible under the UN Charter. Even the principle of Responsibility to Protect would not be justified in this case, as any action is likely to be short, punitive, and unlikely to end the attacks on Syrian civilians. To determine if international law permits the launching of US military strikes in Syria, it is the UN Charter, and not the Geneva Conventions, which must guide the US government and the American people. Then, there is the so-called humanitarian intervention, or a military campaign calculated to stop widespread attacks on a civilian population, including acts of genocide, other crimes against humanity, and war crimes.

Functioning of Ukrainian Bureau in Washington D. C. (March 1939 – May 1940)

2019 ◽  
pp. 142-157
Author(s):  
Danylo Kravets
Keyword(s):  
New York ◽  
The United States ◽  
College Degrees ◽  
The Us ◽  
Us Government ◽  
General Functioning ◽  
History Of ◽  
Governmental Institutions ◽  
History Of Journalism ◽  
The Military

The aim of the Ukrainian Bureau in Washington was propaganda of Ukrainian question among US government and American publicity in general. Functioning of the Bureau is not represented non in Ukrainian neither in foreign historiographies, so that’s why the main goal of presented paper is to investigate its activity. The research is based on personal papers of Ukrainian diaspora representatives (O. Granovskyi, E. Skotzko, E. Onatskyi) and articles from American and Ukrainian newspapers. The second mass immigration of Ukrainians to the US (1914‒1930s) has often been called the «military» immigration and what it lacked in numbers, it made up in quality. Most immigrants were educated, some with college degrees. The founder of the Ukrainian Bureau Eugene Skotzko was born near Western Ukrainian town of Zoloczhiv and immigrated to the United States in late 1920s after graduating from Lviv Polytechnic University. In New York he began to collaborate with OUN member O. Senyk-Hrabivskyi who gave E. Skotzko task to create informational bureau for propaganda of Ukrainian case. On March 23 1939 the Bureau was founded in Washington D. C. E. Skotzko was an editor of its Informational Bulletins. The Bureau biggest problem was lack of financial support. It was the main reason why it stopped functioning in May 1940. During 14 months of functioning Ukrainian Bureau in Washington posted dozens of informational bulletins and send it to hundreds of addressees; E. Skotzko, as a director, personally wrote to American governmental institutions and foreign diplomats informing about Ukrainian problem in Europe. Ukrainian Bureau activity is an inspiring example for those who care for informational policy of modern Ukraine.Keywords: Ukrainian small encyclopedia, Yevhen Onatsky, journalism, worldview, Ukrainian state. Keywords: Ukrainian Bureau in Washington, Eugene Skotzko, public opinion, history of journalism, diaspora.

Thucydides at Amphipolis

Antichthon ◽  
1978 ◽  
Vol 12 ◽  
pp. 28-35
Author(s):  
J. R. Ellis
Keyword(s):  
The Right ◽  
The Military ◽  
Self Defence

Posterity has on the whole judged Thucydides not ungenerously over his failure to save Amphipolis in the winter of 424. Although some of those who have attempted to analyse the military circumstances of the loss, almost wholly from the historian’s own account, have found him culpable in some way, most scholars have preferred not to add their condemnation to that of the Athenian demos. Rather the majority have tended towards the non-committal or have celebrated what they have seen to be the author’s resolute determination, in his failure to present a palpable self-defence, not to be diverted from the primary aims of his work. Gomme even suggested reasons why Thucydides may actually have been in the right and why, by consequence, his exile may have been a perversion of justice. But in the end, of course, as Gomme and many others have realized, we simply do not have the evidence to judge with any certainty.

Part 3 The Post 9/11-Era (2001–), 48 The Intervention in Afghanistan—2001–

2018 ◽  
Author(s):  
Byers Michael
Keyword(s):  
International Law ◽  
Security Council ◽  
Customary International Law ◽  
The Us ◽  
Un Security Council ◽  
State Actors ◽  
Complex Relationships ◽  
Self Defence

This chapter addresses the US and NATO-led intervention in Afghanistan from 2001 to the present day. It examines the different legal justifications advanced or available for the intervention, namely self-defence, UN Security Council authorization, and intervention by invitation. It explores the complex relationships between these justifications and, particularly, the strategies adopted by states in choosing between them. The chapter concludes by considering the effects of the intervention on the customary international law of self-defence as it concerns non-state actors located in “unaware or unable” states, and anticipatory or pre-emptive responses.

Part 2 The Post-Cold War Era (1990–2000), 42 The US Airstrike Against the Iraqi Intelligence Headquarters—1993

2018 ◽  
Author(s):  
Starski Paulina
Keyword(s):  
Cold War ◽  
Use Of Force ◽  
Post Cold War ◽  
The Us ◽  
State Practice ◽  
Observable State ◽  
The Right ◽  
President Bush ◽  
Intelligence Service ◽  
Self Defence

This contribution analyses the normative implications of the US raid against the headquarters of the Iraqi Intelligence Service in 1993 in reaction to a foiled assassination attempt against former President Bush. It examines the legality of the operation, its precedential value and its evolutive potential regarding the regime on the ius contra bellum and specifically the right to self-defence. After dissecting the multiple contentious dimensions of the US claim of justification, the article concludes that the raid constituted an illegal ‘armed reprisal’. In light of observable state practice, its precedent-setting nature should not be overstated. However, albeit qualified as an ‘one-off incident’ the US raid did not leave the prohibition on the use of force and the contemporary discourse surrounding it untouched. Hence, it appears essential to demystify its frequently asserted evolutive potential particularly regarding the temporal limitations of Article 51 UN Charter to which this article is dedicated.

Blockades and Interdictions

2016 ◽  
Author(s):  
Wolff Heintschel von Heinegg
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Jus Ad Bellum ◽  
Un Security Council ◽  
Collective Self ◽  
Rules And Principles ◽  
Principle Of Proportionality ◽  
The Right ◽  
Self Defence

This chapter examines the rules and principles that govern a naval or aerial blockade or some other form of interference with foreign vessels and aircraft in the absence of an explicit authorization by the UN Security Council. After clarifying the concept of blockade under the jus ad bellum and the jus in bello, it considers blockades authorized as military enforcement measures. It also discusses some unresolved or even contested issues regarding the legality of blockades, with reference to blockades in situations other than international armed conflict and the principle of proportionality in relation to humanity. The scope of interdiction operations and its legal bases under international treaties are analysed next, together with maritime interdiction operations and the applicability of prize law during non-international armed conflicts. Finally, the chapter explores the right of individual or collective self-defence as a basis for interdiction operations.

Coercive Mediation on the Road to Dayton

1996 ◽  
Vol 1 (3) ◽  
pp. 547-570 ◽  
Author(s):  
Saadia Touval
Keyword(s):  
Military Operations ◽  
The Road ◽  
The Us ◽  
On The Road ◽  
Military Campaign ◽  
The Military

AbstractThe article tries to explain why the American mediation at Dayton resulted in agreement, whereas previous attempts to settle the Bosnian conflict had failed. After examining the evolution of American policies prior to 1995, the article discusses the US initiative of taking the lead in the negotiation, and the methods and tactics it employed. It argues that the military operations against the Serbs do not fit the description of the mediator as a manipulator inducing a mutually hurting stalemate. The military campaign having endowed Western policies with credibility, intimidated the Serbs, and redrawn the front-lines, might be called coercive mediation. It suggests that the description of the mediator as an intervenor who does not employ force needs to be revised.

scholarly journals Educational Television in El Salvador and Modernisation Theory

2009 ◽  
Vol 41 (4) ◽  
pp. 757-792
Author(s):  
HÉCTOR LINDO-FUENTES
Keyword(s):  
El Salvador ◽  
Educational Television ◽  
Pivotal Moments ◽  
The Social ◽  
Alliance For Progress ◽  
The Us ◽  
Us Government ◽  
The Cold War ◽  
The Military ◽  
International Aid Agencies

AbstractThis article investigates the introduction of educational television in El Salvador in the late 1960s, an Alliance for Progress project, in light of the preoccupations of the Cold War, the application of modernisation theory, the growing influence of a development community grounded in the social sciences and the Salvadorean elite's particular obsession with communism. The top-down approach used by the military regime to introduce a flurry of changes in the education system was facilitated by the extensive resources provided by international aid agencies and the US government. However, the reforms alienated Salvadorean teachers and fuelled teachers' strikes that are still remembered as pivotal moments in the urban mass movements of the 1970s which preceded the civil war of the 1980s.

scholarly journals A financial risk and fraud model comparison of Bear Stearns and Sehman Brothers: was the right or wrong firm bailed out?

2013 ◽  
Vol 11 (1) ◽  
pp. 68-87
Author(s):  
Hugh Grove ◽  
Maclyn Clouse
Keyword(s):  
Financial Reporting ◽  
Financial Risk ◽  
Model Comparison ◽  
The Us ◽  
Lehman Brothers ◽  
Us Government ◽  
Crisis Conditions ◽  
The Stability ◽  
The Right ◽  
Bail Out

In March 2008, the US government bailed out a failing Bear Stearns by arranging a sale to JP Morgan Chase, with US government guarantees for many Bear Stearns’ toxic assets that came with the acquisition. In September 2008, the US government failed to bail out a failing Lehman Brothers, which then went into bankruptcy. Soon thereafter, the US government established a bailout program for many other failing financial institutions. This paper uses financial risk and fraud models to attempt to answer the question as to why Bear Stearns was bailed out, but Lehman Brothers was not. Based on the analysis, was the right or wrong firm bailed out? In summary, these financial risk and fraud models show potential for developing effective risk management monitoring and stronger corporate governance in order to enhance relationships between management, financial reporting, and the stability of the economic system in crisis and post-crisis conditions.

scholarly journals La crisi in Afghanistan: l’intervento militare e il recente disimpegno internazionale in una prospettiva regionale

2019 ◽  
Author(s):  
Andrea Carati
Keyword(s):  
Terrorist Attacks ◽  
Obama Administration ◽  
Soviet Occupation ◽  
Global Power ◽  
The Us ◽  
Military Campaign ◽  
The Military ◽  
Great Game ◽  
Us Intervention ◽  
Freedom Of Action

The paper delves into the Afghanistan crisis in a regional perspective. It frames the regional and international influences in the country emphasizing the interdependence between global and regional interferences. It argues that regional actors tend to gain more freedom of action in Afghan affairs when global actors – empires or superpowers – disengage from the country. Conversely, when global powers are intervening (as during the Great Game, the Soviet occupation or the US intervention since 2001), regional actors lose their sway. Accordingly, the paper investigates the recent crisis in Afghanistan identifying three phases starting from the US mission launched in the aftermath of the 9/11 terrorist attacks: the G.W. Bush approach to the military campaign in Afghanistan (2001-8); the Af-Pak Strategy implemented by the Obama administration (2009-14); the years of international withdrawal (2015-19). For each period, the analysis underlines the activism of regional actors in Afghanistan and how it becomes prominent when the global power tends to disengage.

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