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

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 ◽  
Further Development

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), 15 The Indian Intervention into (East) Pakistan—1971

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 ◽  
Further Development

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), 8 The Indian Intervention in Goa—1961

2018 ◽  
Author(s):  
Ruys Tom
Keyword(s):  
Cold War ◽  
Final Section ◽  
Use Of Force ◽  
Legal Framework ◽  
Jus Ad Bellum ◽  
Cold War Era ◽  
The Cold War ◽  
Further Development

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 3 The Post 9/11-Era (2001–), 61 The Intervention of France and African Countries in Mali—2013

2018 ◽  
Author(s):  
Bannelier Karine ◽  
Christakis Theodore
Keyword(s):  
International Organizations ◽  
Final Section ◽  
Use Of Force ◽  
Legal Framework ◽  
Military Operations ◽  
African Countries ◽  
Jus Ad Bellum ◽  
Self Defense ◽  
Collective Self ◽  
Legal Arguments

This contribution analyses the joint French-African intervention in Mali in 2013. After recalling the facts of the intervention, it examines the legal positions of the main protagonists and the reactions of third States and international organizations. It then tests the operation in Mali against the international legal framework governing the use of force as it stood at the time of the events. While the French and African military Operations in Mali were clearly legal, they raise important questions of jus ad bellum regarding the legal arguments put forward to justify them: collective self-defense, intervention by invitation and UNSC authorization. The final section analyses the intervention’s precedential value and its impact on the law against force.

Part 3 The Post 9/11-Era (2001–), 57 US Extra-Territorial Actions Against Individuals: Bin Laden, Al Awlaki, and Abu Khattalah—2011 and 2014

2018 ◽  
Author(s):  
Kretzmer David
Keyword(s):  
Final Section ◽  
Use Of Force ◽  
International Community ◽  
Targeted Killing ◽  
The Us ◽  
Terrorist Groups ◽  
Legal Position ◽  
Wide Gap ◽  
State Actors ◽  
Osama Bin Laden

This chapter discusses the targeted killing by the US of Osama bin Laden in Pakistan and of Anwar al Awlaki in Yemen, and the capture of Ahmed Abu Kattalah in Libya. It presents the facts and context of the actions, the legal position of the US and other protagonists and reactions in the international community. It proceeds to discuss the arguments for and against the legality of these extra-territorial actions by the US under law regarding use of force (but not under ius in bello). In the final section it is argued that rather than having precedential value the actions and reactions in these cases serve to emphasize the wide gap that exists in the different perceptions of states and scholars regarding the law on the extra-territorial use of force against terrorist groups or other groups of non-state actors.

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

2018 ◽  
Author(s):  
Antonopoulos Constantine
Keyword(s):  
Cold War ◽  
Final Section ◽  
Use Of Force ◽  
Legal Framework ◽  
International Airport ◽  
Cold War Era ◽  
The Cold War ◽  
Further Development

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

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 ◽  
The Cold War

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.

THE UK GOVERNMENT‘S LEGAL OPINION ON FORCIBLE MEASURES IN RESPONSE TO THE USE OF CHEMICAL WEAPONS BY THE SYRIAN GOVERNMENT

2015 ◽  
Vol 64 (1) ◽  
pp. 179-196 ◽  
Author(s):  
Christian Henderson
Keyword(s):  
Use Of Force ◽  
Legal Argumentation ◽  
Chemical Weapons ◽  
Legal Basis ◽  
Short Article ◽  
Military Action ◽  
The Us ◽  
Legal Position ◽  
The Uk ◽  
Legal Opinion

AbstractOn 29 August 2013, the UK government published a memorandum setting out its ‘position regarding the legality of military action in Syria following the chemical weapons attack in Eastern Damascus on 21 August 2013’. While other States had contemplated some form of military action, most notably the US, none had been as clear and candid as to the legal basis upon which this would be launched. It might seem in this respect perhaps a little surprising that the UK decided in its relatively brief opinion that ‘the legal basis for military action would be humanitarian intervention’. As this article will attempt to highlight, this basic justification is far from uncontroversial. This short article will seek to be clear as to what the UK's legal position exactly was, whether and how this position can be reconciled with the lex lata governing the use of force for humanitarian purposes and its immediate impact upon it, and finally offer some reflections upon the contribution the opinion and its central legal argument has made to future legal argumentation in this area.

13. The international regulation of the use of force

2021 ◽  
pp. 251-272
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Use Of Force ◽  
Legal Framework ◽  
International Regulation ◽  
Jus Ad Bellum ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Peace And Security ◽  
The Right ◽  
Self Defence

This chapter discusses the regulation of when and for what purpose a state may use force against another state jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.

Part 3 The Post 9/11-Era (2001–), 52 The Turkish Intervention Against the PKK in Northern Iraq—2007–08

2018 ◽  
Author(s):  
Trapp Kimberley N
Keyword(s):  
Final Section ◽  
International Community ◽  
Northern Iraq ◽  
The Us ◽  
State Actors ◽  
Armed Intervention

This contribution examines the armed Turkish intervention (against the Kurdish Workers’ Party (PKK)) in northern Iraq in late 2007/2008. The chapter sets out the context of the armed intervention by Turkey, including a brief account of the broader conflict between Turkey and the PKK, before recalling in some detail the facts of the 2007/2008 intervention. The second section further explores the positions of the main protagonists (Turkey, Iraq and the US) and the rather muted reactions of the broader international community, by way of situating the discussion regarding the legality of the intervention. The final section examines the precedential value of the intervention insofar as defensive force against non-state actors is concerned.

Part 1 The Cold War Era (1945–89), 27 The Iran–Iraq War—1980–88

2018 ◽  
Author(s):  
de Guttry Andrea
Keyword(s):  
United Nations ◽  
Iraq War ◽  
Final Section ◽  
Military Operations ◽  
The United Nations ◽  
The Cold War ◽  
The Military ◽  
Further Development ◽  
Development And Evolution ◽  
Self Defence

This contribution discusses the 1980-1988 Iran-Iraq war. After presenting the facts and context of the crisis (on which the parties strongly disagreed), this chapter examines the legal positions of the main actors involved in the war (Iran and Iraq), and discusses the reaction, or lack thereof, of the international community, and specifically of the United Nations. The legality of the military operations carried out by both parties is then investigated. The final section analyses if, and to what extent, the case has had an impact on the further development and evolution of the concepts of self-defence and of preventive self-defence and comments on the limited role played by the United Nations during most part of the war.

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