Collective self-defence or regional enforcement action: the legality of a SADC intervention in Cabo Delgado and the question of Mozambican consent

2021 ◽  
pp. 1-33
Author(s):  
Marko Svicevic
Keyword(s):  
Enforcement Action ◽  
Collective Self ◽  
Self Defence

33. Use or threat of force by states

2019 ◽  
pp. 717-748
Author(s):  
James Crawford
Keyword(s):  
Security Council ◽  
Individual Member ◽  
Enforcement Action ◽  
Peacekeeping Operations ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Collective Self ◽  
Peace And Security ◽  
The Right ◽  
Self Defence

This chapter discusses international law governing the use or threat of force by states. The UN Security Council has primary responsibility for enforcement action to deal with breaches of the peace, threats to the peace, or acts of aggression. Individual member states have the right of individual or collective self-defence, but only ‘until the Security Council has taken measures necessary to maintain international peace and security’. However, the practice has evolved of authorizing peacekeeping operations that are contingent upon the consent of the state whose territory is the site of the operations.

Remotely Piloted Warfare as a Challenge to the Jus Ad Bellum

2016 ◽  
Author(s):  
Jordan Paust
Keyword(s):  
Security Council ◽  
Use Of Force ◽  
Self Determination ◽  
Legal Principles ◽  
Enforcement Action ◽  
Jus Ad Bellum ◽  
Collective Self ◽  
State Actors ◽  
Self Defence

This chapter examines the use of remotely piloted and other robotics during war and outside the context of war during permissible measures of self-defence and their implications for the jus ad bellum, interpretation of Articles 2(4) and 51 of the UN Charter, and applications of underlying general principles. It discusses the phenomenon of ‘remotely piloted warfare’ as it applies to the use of force by state and non-state actors with respect to self-defence, collective self-defence, self-determination assistance, regional action, and enforcement action authorized by the Security Council. It then considers the use of remotely piloted attacks, self-defence, and warfare in relation to compliance with the principles of reasonable necessity, distinction in targeting, and proportionality. In particular, the chapter looks at the use of weaponized drones and the possible challenges they present to compliance with basic legal principles that limit violence, and some current applications and issues regarding compliance.

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.

The Prohibition of the Use of Force and Non-Intervention

2016 ◽  
Author(s):  
Jean Michel Arrighi
Keyword(s):  
Member State ◽  
Dispute Settlement ◽  
Use Of Force ◽  
Member States ◽  
American States ◽  
Peaceful Settlement ◽  
Collective Self ◽  
History Of ◽  
Settlement Of Disputes ◽  
Self Defence

This chapter examines the principles governing relations among member states of the Organization of American States (OAS) as embodied in the OAS Charter, including reciprocal assistance, collective self-defence and defence of democracy, abstention from the use of force, peaceful settlement of disputes, and non-intervention in the affairs of another member state. It begins by looking at the history of disputes in the Americas, including those arising from border delimitation and demarcation issues, and early efforts to address them. It then discusses the adoption of the Inter-American Treaty of Reciprocal Assistance in 1947 and the establishment of the OAS, together with the adoption of the American Treaty on Pacific Settlement (‘Pact of Bogota’), in 1948. The chapter considers a number of cases in which the provisions embodied in the OAS Charter, particularly the use of force in dispute settlement, were applied.

Ch.7 Decisions and Documents

2014 ◽  
Author(s):  
Sievers Loraine ◽  
Daws Sam
Keyword(s):  
Security Council ◽  
General Assembly ◽  
Sensitive Area ◽  
Armed Attack ◽  
Member States ◽  
Collective Self ◽  
Primary Means ◽  
Multiple Meanings ◽  
The Right ◽  
Self Defence

This chapter discusses the procedures for coming to a consensus within the Security Council and communicating the decision to the broader public. The term ‘decision’ within this context also carries multiple meanings, and when applied in its narrowest sense is used to denote only those decisions of the Council which are intended to be mandatory or binding, as opposed to recommendations, exhortations, or expressions of opinion. Communications also possesses multiple definitions under the Council, as it is a complex and politically sensitive area of the Security Council's practice. Written communications are a primary means by which UN Member States and non-Member States bring disputes or situations ‘to the attention of’ the Security Council or the General Assembly. Another category obligates Member States to report immediately to the Council on measures taken in the exercise of the right of individual or collective self-defence if an armed attack occurs.

4 Self-defence: the framework

2018 ◽  
Author(s):  
Gray Christine
Keyword(s):  
United Nations ◽  
General Framework ◽  
Terrorist Attacks ◽  
Armed Attack ◽  
Collective Self ◽  
The Subject ◽  
The Creation ◽  
State Actors ◽  
The Right ◽  
Self Defence

This chapter discusses the general framework of the law of self-defence. The scope of the right of self-defence is the subject of the most fundamental disagreement between states and between writers. Some of the divisions over the scope of the right of self-defence, especially as to whether anticipatory self-defence against an imminent armed attack and the protection of nationals abroad are lawful, date back to the creation of the United Nations. Other divisions centre on the right to use force in self-defence in response to colonial occupation, to terrorist attacks, and to other attacks by non-state actors. This chapter also discusses the special regime of collective self-defence.

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