Use of Force

2014 ◽  
Author(s):  
Giovanni Distefano
Keyword(s):  
International Relations ◽  
United Nations ◽  
Use Of Force ◽  
Security System ◽  
Institutional Framework ◽  
Collective Security ◽  
Legal Definition ◽  
The United Nations ◽  
Definition Of ◽  
Self Defence

This chapter examines the provisions of the Charter of the United Nations (UN Charter) concerning the comprehensive ban on the use of force in international relations between states. It provides a legal definition of aggression and self-defence and addresses some unanswered questions concerning some of the alleged exceptions to the comprehensive ban on the use of force. It shows that the obligation not to resort to threat or use of force is not subordinated to the actual functioning of the UN collective security system and highlights the UN Charter’s establishment of substantive and institutional framework for making the prohibition on the use and threat of force between states a truly attainable goal.

Part II Predominant Security Challenges and International Law, International Security, Ch.13 Aggression

2021 ◽  
Author(s):  
Kreß Claus
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Security System ◽  
International Criminal Law ◽  
Collective Security ◽  
Un Security Council ◽  
The United Nations ◽  
Definition Of

This chapter discusses the concept of aggression. Article 39, the opening clause of the United Nations Charter’s collective security system, contains the term ‘act of aggression’, the existence of which in a given case falls to be determined by the United Nations (UN) Security Council. Recalling Article 39, the UN General Assembly, in 1974, adopted a resolution on the Definition of Aggression (Resolution 3314 (XXIX)). As the term ‘act of aggression’ is used alongside the terms ‘threat to peace’ and ‘breach of the peace’ in Article 39, the UN Security Council is not bound to determine the existence of an act of aggression to activate the Charter's collective security system and authorize the use of force by one or more States in order to maintain or restore international peace and security. In the view of the International Court of Justice and the International Law Commission, the prohibition of aggression forms part of customary international law. Here again, however, the distinct legal significance of the concept compared to ‘use of force’ and ‘armed attack’ is of quite limited reach. Contrariwise, the concept of aggression has been of considerable importance in the realm of international criminal law since the latter’s inception.

United Nations: General Assembly Resolution Containing the Declaration on the Enhancement Of The Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations

1988 ◽  
Vol 27 (6) ◽  
pp. 1672-1679 ◽  
Keyword(s):  
International Relations ◽  
United Nations ◽  
Use Of Force ◽  
General Assembly ◽  
United Nations General ◽  
Peaceful Settlement ◽  
General Assembly Resolution ◽  
United Nations General Assembly ◽  
The United Nations ◽  
Definition Of

Over the past two decades, the United Nations General Assembly has adopted a number of principles concerning the conduct of international relations. In the preambular paragraphs of the declaration annexed to this resolution, specific principles are reaffirmed. They are: the Declaration on Principles of Interna-tional Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations [9 I.L.M. 1292 (1970)], the Definition of Aggression [13 I.L.M. 710 (1974)], and the Manila Declaration on the Peaceful Settlement of International Disputes [21 I.L.M. 449 (1982)]. The Declaration for 6n the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force is the culmination of 10 years of work, and represents the most recent set of guidelines.

scholarly journals Conditions for the lawful exercise of the right of self-defence in international law

2018 ◽  
Vol 40 ◽  
pp. 01008
Author(s):  
V. Upeniece
Keyword(s):  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
International Peace ◽  
Armed Attack ◽  
The United Nations ◽  
Normative Order ◽  
Definition Of ◽  
The Right ◽  
Self Defence

The Charter of the United Nations wasthought to establish a normative order, maintain international peace and security. According to the Article 51 of the Charter of the United Nations “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs”[1]. However the Article 51 doesnot propose a legal definition of the conduct which is considered as an armed attack or the commencement of such an attack. It does not propose strict criterions for the use of force for self-defence. As a result different interpretations of this norm have been arising and continuing to change in response to new situations and threats.

Switzerland and the United Nations

1976 ◽  
Vol 30 (1) ◽  
pp. 129-152 ◽  
Author(s):  
Michael M. Gunter
Keyword(s):  
International Relations ◽  
United Nations ◽  
League Of Nations ◽  
Security System ◽  
The Political ◽  
Collective Security ◽  
The United Nations

Despite the approaching universality of the United Nations, Switzerland continues to be a non-member. Her traditional policy of permanent neutrality, which is theoretically incompatible with the United Nations collective security system, and an unsatisfactory experience as a member of the League of Nations largely explain this absence. Ironically enough, however, Switzerland has played in effect as active a role in the United Nations as have many actual members. Switzerland belongs to most of the specialized agencies and many of the Organization's ancillary organs. She has even involved herself in numerous peacekeeping activities. Geneva serves as the Organization's European headquarters. Thus, the Swiss freely participate in what they refer to as the “technical,” as distinguished from the “political” United Nations. The increased prestige of neutrality and neutral Austria's successful membership, approaching universality, the waning of collective security, and a desire to participate fully in international relations are encouraging a gradual reorientation towards the United Nations which may some day lead to formal Swiss membership.

scholarly journals Implementation in practice: The use of force to protect civilians in United Nations peacekeeping

2018 ◽  
Vol 25 (2) ◽  
pp. 458-485 ◽  
Author(s):  
Ingvild Bode ◽  
John Karlsrud
Keyword(s):  
New York ◽  
International Relations ◽  
United Nations ◽  
Online Survey ◽  
Use Of Force ◽  
Member States ◽  
Peacekeeping Operations ◽  
The United Nations ◽  
United Nations Peacekeeping ◽  
Normative Foundations

Since the failures of the United Nations of the early 1990s, the protection of civilians has evolved as a new norm for United Nations peacekeeping operations. However, a 2014 United Nations report found that while peacekeeping mandates often include the use of force to protect civilians, this has routinely been avoided by member states. What can account for this gap between the apparently solid normative foundations of the protection of civilians and the wide variation in implementation? This article approaches the question by highlighting normative ambiguity as a fundamental feature of international norms. Thereby, we consider implementation as a political, dynamic process where the diverging understandings that member states hold with regard to the protection of civilians norm manifest and emerge. We visualize this process in combining a critical-constructivist approach to norms with practice theories. Focusing on the practices of member states’ military advisers at the United Nations headquarters in New York, and their positions on how the protection of civilians should be implemented on the ground, we draw attention to their agency in norm implementation at an international site. Military advisers provide links between national ministries and contingents in the field, while also competing for being recognized as competent performers of appropriate implementation practices. Drawing on an interpretivist analysis of data generated through an online survey, a half-day workshop and interviews with selected delegations, the article adds to the understanding of norms in international relations while also providing empirical insights into peacekeeping effectiveness.

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