Part 1 The Cold War Era (1945–89), 8 The Indian Intervention in Goa—1961

This contribution discusses the 1961 Indian intervention in Goa. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Portugal), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it has contributed to an exception to the prohibition on the use of force for the recovery of 'pre-colonial' title.

Part 1 The Cold War Era (1945–89), 15 The Indian Intervention into (East) Pakistan—1971

10.1093/law/9780198784357.003.0015 ◽

2018 ◽

Author(s):

Kritsiotis Dino

Keyword(s):

Cold War ◽

Final Section ◽

Humanitarian Intervention ◽

Use Of Force ◽

Legal Framework ◽

Jus Ad Bellum ◽

Cold War Era ◽

The Cold War ◽

This contribution discusses the 1971 Indian intervention in east Pakistan. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Pakistan), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it is a precedent for humanitarian intervention.

Part 1 The Cold War Era (1945–89), 20 The Larnaca Incident—1978

10.1093/law/9780198784357.003.0020 ◽

2018 ◽

Author(s):

Antonopoulos Constantine

Keyword(s):

Cold War ◽

Final Section ◽

Use Of Force ◽

Legal Framework ◽

International Airport ◽

Cold War Era ◽

The Cold War ◽

This contribution examines the 1978 Egyptian commando operation at Larnaca International Airport in Cyprus. It sets out the facts and context of the incident, the legal positions of the states involved (Egypt and Cyprus) and the international community’s reactions. It then evaluates the legality of the Egyptian operation by reference to the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the ius ad bellum, in particular whether it has contributed to an exception to the prohibition on the use of force for the protection of a state’s nationals abroad.

Part 3 The Post 9/11-Era (2001–), 49 The Iraq War—2003

10.1093/law/9780198784357.003.0049 ◽

2018 ◽

Author(s):

Weller Marc

Keyword(s):

Iraq War ◽

Final Section ◽

Use Of Force ◽

Cumulative Effect ◽

Legal Framework ◽

International Community ◽

Legal Basis ◽

Jus Ad Bellum ◽

The Us ◽

This contribution discusses the Iraq War of 2003. It begins by setting out the facts and context of the US and British invasion. It then considers the legal justifications put forward by the intervening states and assesses the reaction of the international community to these events. It then tests the legality of the intervention against the international legal framework governing the use of force as it stood at the time of the events. In particular it considers whether UNSC Resolution 1441 provided a legal basis for the use of force against Iraq. The final section examines if, and to what extent, the case had an impact on the further development of the jus ad bellum. The Iraq War of 2003 did indeed have an effect on the erosion of the prohibition of the use of force, however it was a cumulative effect, rather than an immediate and decisive one.

Part 1 The Cold War Era (1945–89), 4 The Suez Crisis—1956

10.1093/law/9780198784357.003.0004 ◽

2018 ◽

Author(s):

Hofer Alexandra

Keyword(s):

United Kingdom ◽

Cold War ◽

United Nations ◽

Final Section ◽

Use Of Force ◽

Legal Framework ◽

Member States ◽

Suez Crisis ◽

The United Kingdom ◽

This chapter examines the intervention led by France, the United Kingdom and Israel against Egypt in 1956. After recalling the facts of the Suez Canal Crisis, it examines the legal positions of the main protagonists (Israel, France, the United Kingdom and Egypt) and the reactions of United Nations member states. The intervention’s legality is then assessed against the international legal framework governing the use of force as it stood in 1956. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that if the intervention initially undermined the United Nations, the forceful reaction of UN member states affirmed the importance of the UN Organization and its principles.

Part 1 The Cold War Era (1945–89), 35 The US Strikes Against Libya—1986

10.1093/law/9780198784357.003.0035 ◽

2018 ◽

Author(s):

Kamto Maurice

Keyword(s):

Cold War ◽

Use Of Force ◽

Legal Framework ◽

The Us ◽

West Berlin ◽

Cold War Era ◽

The Right ◽

The Cold War ◽

Night Club ◽

Self Defence

This contribution discusses the US air strikes against Libya in 1986. It sets out the facts that led to the air strikes – notably the bombing of a West Berlin night club on 5 April 1986 –, the legal positions of the main protagonists (the US and Libya), and the international community’s reactions. It then tests the legality of the US strikes against the international legal framework governing the use of force as it stood at the time of the events, namely the rules governing the right to self-defence. The chapter concludes that the use of force in this particular case could not be convincingly justified under Article 51 of the UN Charter.

Part 1 The Cold War Era (1945–89), 28 Israel’s Airstrike Against Iraq’s Osiraq Nuclear Reactor—1981

10.1093/law/9780198784357.003.0028 ◽

2018 ◽

Author(s):

Ruys Tom

Keyword(s):

Cold War ◽

Final Section ◽

Nuclear Reactor ◽

Legal Framework ◽

Potential Alternative ◽

Legal Arguments ◽

The Right ◽

The Cold War ◽

Further Development ◽

Self Defence

This contribution discusses Israel’s 1981 air strike against the nuclear reactor of Osiraq, Iraq. It sets out the facts and context of the operation, the legal arguments invoked by Israel and the reactions within the international community. It then tests the legality of the Israeli intervention against the international legal framework governing the use of force, having regard in particular to the right of self-defence, as well as to potential alternative legal bases. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, focusing in particular on its relevance for the debate on the permissibility of pre-emptive self-defence.

Part 1 The Cold War Era (1945–89), 17 Turkey’s Intervention in Cyprus—1974

10.1093/law/9780198784357.003.0017 ◽

2018 ◽

Author(s):

Dörr Oliver

Keyword(s):

Cold War ◽

Final Section ◽

Armed Force ◽

Jus Ad Bellum ◽

Cold War Era ◽

The Right ◽

The Cold War ◽

Self Defence

This contribution discusses the 1974 intervention by Turkey in Cyprus. It sets out the facts and context of the crisis, the legal positions of the main protagonists (Turkey and Greece), and the international community’s reactions. Concerning the intervention’s legality, it examines, above all, the right to intervene under the 1960 Treaty of Guarantee and the right to self-defence. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that the role of the territorial state’s consent to the intervention was critical in the Cyprus case, and that the case clearly demonstrates that states may effectively limit their consent by agreeing on substantial restrictions or procedural prerequisites to the use of armed force on their territory.

Part 1 The Cold War Era (1945–89), 34 The Killing of Khalil al-Wazir by Israeli Commandos in Tunis—1988

10.1093/law/9780198784357.003.0034 ◽

2018 ◽

Author(s):

Pobjie Erin ◽

Declercq Fanny ◽

van Steenberghe Raphaël

Keyword(s):

Cold War ◽

Use Of Force ◽

International Community ◽

Small Scale ◽

Targeted Killing ◽

Jus Ad Bellum ◽

Targeted Attacks ◽

Cold War Era ◽

State Actors ◽

This contribution discusses the 1988 killing of Khalil Al-Wazir by Israeli commandos in Tunis. It first sets out the facts and context of the killing, the legal positions of the main protagonists (Israel and Tunisia) and the reactions of the international community. The chapter then examines the legal debate on targeted killing under the jus ad bellum that was raised by the incident. This chapter concludes that this precedent contributed to a strengthening of the view that even small-scale, targeted attacks by a state against non-state actors in another state violate the prohibition of the use of force.

Part 1 The Cold War Era (1945–89), 25 The Soviet Intervention in Afghanistan—1979–80

10.1093/law/9780198784357.003.0025 ◽

2018 ◽

Author(s):

Nolte Georg ◽

Barkholdt Janina

Keyword(s):

Cold War ◽

Soviet Union ◽

Final Section ◽

International Community ◽

Large Majority ◽

Negative Reaction ◽

Applicable Law ◽

The Soviet Union ◽

Cold War Era ◽

This contribution discusses the intervention by the Soviet Union in Afghanistan (1979-1980). After recalling the facts and the context of this intervention, it sets out the legal positions of the main protagonists (the Soviet Union and Afghanistan) and examines the reaction of the international community of States. It then analyses the different grounds invoked by the Soviet Union as justification for the lawfulness of its intervention focusing on the claim of an intervention by invitation. In the final section it is argued that the negative reaction of a large majority of states to the justifications offered by the Soviet Union have led to a confirmation and clarification of the applicable law.

Part 1 The Cold War Era (1945–89), 5 The Soviet Intervention in Hungary—1956

10.1093/law/9780198784357.003.0005 ◽

2018 ◽

Cited By ~ 1

Author(s):

Lieblich Eliav

Keyword(s):

Cold War ◽

International Law ◽

Real Time ◽

Use Of Force ◽

Warsaw Pact ◽

Jus Ad Bellum ◽

Soviet Invasion ◽

In late October 1956, the Soviet army crushed a burgeoning rebellion in Hungary, ostensibly upon the invitation of the Hungarian government, and allegedly in conformity with the provisions of the Warsaw Pact. While the intervention was widely condemned, international law could not prevent the Soviet invasion nor secure the USSR's withdrawal from Hungary. Seven decades later, this Chapter analyses the Soviet intervention under jus ad bellum. It focuses on the positions of relevant actors in real-time, as well as on the enduring aspects of the affair. As the Chapter reveals, the Hungary intervention presented dilemmas that plague the law on the use of force even in contemporary times. It raised questions that remain burning today, such as the role of consent in legalizing external forcible intervention, the ability of international law to face superpowers, and the dialectics between effectiveness and legitimacy in the determination of lawful authority during internal strife.