Use of Force and Self-defence – Planning, Processes, and Preparedness – A Need of the Hour

2020 ◽  
pp. 180-195
Keyword(s):  
Use Of Force ◽  
Planning Processes ◽  
Self Defence

Immoderate greatness: Is great power restraint a practical grand strategy?

2016 ◽  
Vol 2 (1) ◽  
pp. 111-132 ◽  
Author(s):  
Tudor Onea
Keyword(s):  
Fifteenth Century ◽  
Use Of Force ◽  
Great Powers ◽  
Great Power ◽  
Grand Strategy ◽  
Political Actors ◽  
Victorian Britain ◽  
Scaling Down ◽  
Splendid Isolation ◽  
Self Defence

AbstractThe article examines when and how often great powers are likely to follow a grand strategy of restraint and whether there is any evidence that they have ever done so. The question has considerable implications for the ongoing US grand strategy debate. Restraint refers to the practice of self-discipline in the use of force for self-defence or for addressing massive power imbalances; and in extending security commitments to foreign political actors. The first part of the article examines statistics in the last two hundred years on great power involvement in wars and disputes as well as on their commitments to alliances and dependencies. The second part considers whether two seeming cases of the dominant power scaling down its international involvement – Ming China withdrawal from naval mastery in the fifteenth century and Victorian Britain splendid isolation – represent instances of genuine restraint.

Use of Armed Force against Suspected Foreign Submarines in the Swedish Internal Waters and Territorial Sea

2018 ◽  
Vol 33 (3) ◽  
pp. 585-599
Author(s):  
Said Mahmoudi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Present Article ◽  
National Level ◽  
Use Of Force ◽  
Armed Force ◽  
National Legislation ◽  
Legal Arguments ◽  
Actual Response ◽  
Self Defence

Abstract Sweden’s territorial sea and internal waters have experienced regular intrusions by submerged foreign submarines since the early 1950s. The response of the country to such intrusions is generally well-documented and mainly public. The present article offers an overview of the development of the relevant national legislation, the actual response of the naval forces, and the legal arguments invoked at national level to justify or dismiss use of force in self-defence or under another title. The article discusses the relevance of the immunity that submarines normally enjoy under international law and Sweden’s human-rights obligations, two issues that have been at the centre of the legal discourse. Particular attention is paid to developments since 2014 when a new round of “submarine hunts” started and led to the adoption of new measures both revising the existing laws and strengthening the defence forces.

United Nations Peace Operations: Reconsidering the Principles, Reforming the Practice

2016 ◽  
Vol 60 (3) ◽  
pp. 16-26
Author(s):  
A. Nikitin
Keyword(s):  
Democratic Republic Of Congo ◽  
New Technology ◽  
Use Of Force ◽  
Peace Operations ◽  
Leading Role ◽  
Practical Guidelines ◽  
National Coalition ◽  
Peace Enforcement ◽  
High Level ◽  
Self Defence

The article describes and debates main points and recommendations of the Report-2015 of the Independent High Level Group on the UN Peace Operations. The author analyses doctrinal innovations and practical guidelines suggested by the Group and debates consequences of the recommended “politicizing” of the UN operations (assuring the leading role for the UN in any political peace process supported by UN peacekeepers, and avoiding operations where the UN role is limited to passive disengagement of conflict sides). Necessity for and limits of reconsidering traditional principles of peacekeeping, such as impartiality, consent of conflict parties, and use of force for self-defence are questioned. Trends in UN operations are compared with trends in operations related to conflicts in the Post-Soviet space (South Ossetia/Georgia, Abkhazia/Georgia, Tajikistan, Transnistria/Moldova, etc.). The author advocates timeliness for an extended interpretation of the “defence of the mandate” formula instead of the classical “self-defence of the contingent”. It is suggested to practically erase the dividing line between operations of the “peacekeeping” type under the UN DPKO, and “political missions” under the UN Political Department. The arsenal of the UN instruments for conflict resolution must be widened from non-intrusive observation missions, conflict prevention and mediation, through support of ceasefire agreements and implementation of peace accords, down to coercive peace enforcement, offensive elements, and UN Charter Chapter VII-based collective operations against aggressive regimes and states. Poorly defined functions and insufficiently clarified use of force limits for the SC-mandated “UN Intervention Brigade” in Democratic Republic of Congo lead to unnecessary involvement of the UN into coercive actions. The experience of the UN “infrastructural hubs” establishing, like the one in Entebbe (Uganda) used for supplying eight African UN operations, is described. New technology for peacekeeping, like the use of unpiloted flying drones, opens new opportunities, but creates legal and practical problems. A distinction of functions between “blue helmets” (specially trained multinational UN contingents) and “green helmets” (regular national armies used by states in foreign conflicts) is recommended, including avoidance of counter-terrorism tasks and strong coercive tasks for the UN peacekeepers. Parallel and interfaced “partnerships” between the limited UN operations and more forceful national/coalition operations in the same areas are suggested instead.

11. Use of force

2021 ◽  
pp. 149-164
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
United Nations Security Council ◽  
Armed Force ◽  
Collective Security ◽  
Armed Attack ◽  
Customary International Law ◽  
Significant Achievement ◽  
Self Defence

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the United Nations Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.

11. Use of force

2019 ◽  
pp. 144-159
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Armed Force ◽  
Responsibility To Protect ◽  
Collective Security ◽  
Armed Attack ◽  
Customary International Law ◽  
Significant Achievement ◽  
Self Defence

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.

14. The use of force and collective security

2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Collective Security ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
United Nations Charter ◽  
Self Defence

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

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