scholarly journals The Use of Force in International Law

2018 ◽  
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Written Text ◽  
Law And Politics ◽  
Extensive Coverage ◽  
The Us ◽  
Methodological Approaches ◽  
Complex Question ◽  
Invasion Of Iraq

The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

scholarly journals The Will and Authority of the Security Council after Iraq

2004 ◽  
Vol 17 (4) ◽  
pp. 645-672 ◽  
Author(s):  
NIGEL D. WHITE
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Corporate Body ◽  
Executive Action ◽  
The Will ◽  
One Year ◽  
The Relationship ◽  
Invasion Of Iraq

One year after the invasion of Iraq, what lessons are to be drawn about the role of the Security Council in peace and security? This article looks at the issue by considering the nature of the Security Council in its dual functions as a forum for diplomacy and a corporate body for executive action. The idea of the Security Council's possessing a separate will in its executive function is developed. The article stresses the importance for the authority of the Council of that organ expressing its will within the legal parameters of the Charter and international law. It is argued that similar legal parameters are also applicable to the permanent members in exercising their power of veto and in interpreting resolutions. Further, when interpreting resolutions member states should not misconstrue the will of the Council. The Iraq crisis of 2003 raised all these issues and, further, necessitated a reappraisal of the rules of international law governing the use of force. This article considers the relationship between diminution in Council authority and erosion of the rules of the UN Charter governing the threat or use of force in international relations.

scholarly journals International criminal law: Between law and politics

2013 ◽  
Vol 65 (1) ◽  
pp. 42-67
Author(s):  
Dragan Jovasevic
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
Criminal Courts ◽  
Law And Politics

Crimes against international law are committed by violating the rules of international humanitarian law during wars or armed conflicts. The perpetrators of these crimes are under the jurisdiction of international criminal courts (military or civil, permanent or ad hoc). The process of the commission of crimes against international law may comprise several different phases or stadiums. Moreover, such criminal offences rarely appear as the results of only one person?s activities. On the contrary, in numerous cases of these criminal offences, accomplice appears as a form of collective participation of several persons in the commission of one or more crimes against international law. All these facts represent grounds for the specific type of criminal responsibility of the perpetrators of crimes against international law. It is a object of regulation international criminal law about whose characteristics converse this article.

1 Introduction

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Important Distinction ◽  
Legal Rules ◽  
Arms Trade ◽  
Law Of Armed Conflict ◽  
The Law

This relatively brief chapter introduces the book as a whole. It positions weapons law within the framework of international law in general, and of the law of armed conflict in particular, noting the important distinctions between international and non-international armed conflicts, and between the law on the resort to the use of force and that which regulates the conduct of hostilities. The logical flow of the book is presented, and certain terms that are vital to the ensuing discussion, namely weapons, means of warfare and methods of warfare are explained. The all-important distinction between weapons law and the legal rules that regulate targeting is noted. A concluding section addresses the recently-adopted Arms Trade Treaty.

The Threat of the Use of Force and Ultimata

2016 ◽  
Author(s):  
Anne Lagerwall ◽  
François Dubuisson
Keyword(s):  
International Law ◽  
Use Of Force ◽  
The Us

This chapter deals with international law governing the threat of force. More specifically, it discusses the conditions under which an act may be considered a threat of force contrary to the UN Charter. It shows that a threat is unlawful under Article 2(4) of the UN Charter when the use of force contemplated by the threat would itself be unlawful. The chapter also examines the application of the rule prohibiting the threat of force by focusing on three cases: the US and British threats of force against Iraq in 2002 and 2003; the dispute between Suriname and Guyana in 2007; and the conflict involving Russia and Georgia in 2009.

12. War and law in the twenty-first century

2021 ◽  
pp. 267-286
Author(s):  
Nicole Scicluna
Keyword(s):  
International Law ◽  
War On Terror ◽  
Use Of Force ◽  
First Century ◽  
Cyber Warfare ◽  
Military Operations ◽  
The Us ◽  
Terrorist Groups ◽  
New Type ◽  
The Right

This chapter explicates the various ways in which contemporary warfare challenges post-1945 international law on the use of force and the conduct of war. It begins by exploring the rules governing the use of force against non-state actors. This is one of the most pressing issues of the war on terror, much of which has involved military operations against terrorist groups operating from the territory of states that cannot or will not suppress their activities. In particular, campaigns by the US and several other states against ISIS in Syria have seriously undermined the international law framework governing self-defence and the right of states to have their sovereignty and territorial integrity respected. The chapter then looks at another trademark policy of the war on terror: the use of targeted killings, often carried out by unmanned drones, to eliminate suspected terrorists. It also considers a new type of warfare altogether: the emerging phenomenon of cyber warfare, which, too, has implications for both jus ad bellum and jus in bello.

scholarly journals Terrorism, The use of Force and International Law After 11 September

2002 ◽  
Vol 51 (2) ◽  
pp. 401-414 ◽  
Author(s):  
Michael Byers
Keyword(s):  
United States ◽  
International Law ◽  
Use Of Force ◽  
The United States ◽  
Terrorist Attacks ◽  
International Organisations ◽  
Military Action ◽  
The Us

The United States response to the terrorist attacks of 11 September 2001 was encouraging for those who worry about a tendency towards unilateralism on the part of the single super-power. The US deliberately engaged a number of international organisations and built an extensive coalition of supporting States before engaging in military action.

scholarly journals The Use of Force during Territorial Occupation

2020 ◽  
Vol 5 (1) ◽  
pp. 78-106
Author(s):  
Sardar Muhammad Abdul Waqar Khan Arif
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Jammu And Kashmir ◽  
Palestinian Territory

It is well established that the provisions of International Humanitarian Law (IHL) regulates armed conflicts and guarantees protection to civilians. Similarly certain protections are also available under laws, such as, International Law of Occupation (ILOC) and International Human rights Law (IHRL). However, we know that often an occupying power uses force against civilians in the course of and maintenance of its occupation? But what grounds they give for the justification of use of force is the matter of critical focus in this article. We analyze the case studies of the State of Jammu and Kashmir (J & K) and Occupied Palestinian Territory (OPT) to critically discuss the grounds of use of force under international law.

Targeted Killings in International Law: Considering Extra-judicial Killings on Canadians Abroad

2018 ◽  
Author(s):  
Karina Esmail
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Armed Conflicts ◽  
Military Force ◽  
New Paradigm ◽  
Law Of War ◽  
The Us ◽  
Islamic Terrorism ◽  
The Law ◽  
Global War

The use of targeted killings has become more typical since the US declaration of a “Global War on Terror”. States such as the US and Israel have employed targeted killings as a means to combat the growing threat of international Islamic terrorism; the US has transitioned from a law enforcement paradigm to a law of war paradigm, through the Congress’ Authorization on the Use of Military Force. Although the legality of targeted killings is still contested in the international community, I argue that while the law enforcement paradigm is ineffective at containing the growing threat of terrorism, the law of war paradigm disregards international law and risks the protections of civilians unnecessarily. More constraints are needed through international law in order to maintain the core principles of the international humanitarian framework, while still combating terrorism and expanding the existing framework to cover non international armed conflicts such as that between al-Qaeda and the US. This can be done through the establishment of a new paradigm, called the continuous hostilities paradigm. If the existing international principles such as distinction, proportionality, military necessity and humanity are considered, targeted killings can be legal under international law. However, the indiscriminate killing of suspected terrorists by States cannot be considered legal, and it is crucial to consider the necessity of the protection of civilians

Part 1 The Cold War Era (1945–89), 36 The US Intervention in Panama—1989

2018 ◽  
Author(s):  
Tsagourias Nicholas
Keyword(s):  
Cold War ◽  
International Law ◽  
Use Of Force ◽  
Panama Canal ◽  
The Us ◽  
Us Government ◽  
Legal Arguments ◽  
The Right ◽  
The Cold War ◽  
Us Intervention

This chapter examines the legality of the 1989 US intervention in Panama and assesses its impact on the use of force regime. After recalling the facts of the incident, it goes on to analyse the legal arguments provided by the US government to justify its action. More specifically, the US invoked its right to protect American citizens abroad as part of its right to self-defence; the right to intervene to protect the Panama Canal provided by the Panama Canal Treaties; and the invitation of the democratically elected Leader of the Opposition. The chapter then presents the reactions of states and the views of legal commentators. It concludes by saying that the incident affirms existing law but also contributes to the development of the rules regulating the use of force in international law.

Private Military Companies and the Jus Ad Bellum

2016 ◽  
Author(s):  
Ian Ralby
Keyword(s):  
International Relations ◽  
International Law ◽  
Real World ◽  
Use Of Force ◽  
Armed Forces ◽  
Armed Conflicts ◽  
State Responsibility ◽  
Private Companies ◽  
Jus Ad Bellum ◽  
Private Military Companies

This chapter examines the use of private military companies (PMCs) to deal with international armed conflicts and the prohibition of the use of force in relation to such entities. It considers the jus ad bellum implications of private military contracting in international law and international relations. The chapter explains what PMCs are and what they do, drawing a distinction between mercenaries and various terms used to refer to private companies hired by states in lieu of armed forces. It presents case studies where PMCs have engaged in prohibited or lawful use of force at the behest of a state, or where they may be used by a state in situations that run counter to jus ad bellum. Three real-world examples are highlighted. The chapter concludes by assessing the implications of using PMCs in armed conflicts for state responsibility with respect to the prohibition on the use of force.

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