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USE OF FORCE IN INTERNATIONAL LAW

USE OF FORCE IN INTERNATIONAL LAW. Use of force. One of the most controversial areas of international law. History. Prohibition of the use of force in Article 2(4) of the UN Charter (1945) A response to the Second World War Directed to inter -state conflict

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USE OF FORCE IN INTERNATIONAL LAW

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  1. USE OF FORCE IN INTERNATIONAL LAW

  2. Useofforce • One ofthe most controversialareasofinternationallaw

  3. History • Prohibitionofthe use offorceinArticle 2(4) ofthe UN Charter (1945) • A response to theSecond World War • Directed to inter-state conflict • Since 1945 civil warshaveoutnumberedtraditionalinter-state wars • Cross-borderguerillaincursionsandlimitedinter-state fightinginboprderareas • National liberationmovements for independence

  4. Controversialissues • Thescopeoftherightofself-defence • Theright to use force to furtherself-determinationandtointervenein civil wars • Theright to use force to recoverterritoryillegalyseizedbyanother state • Humanitarianintervention • How far shouldtheCharterbeinterpreted to allowthe use offorce to restore or furtherdemocracy, to restoreorderin a state withoutaneffectivegovernment, to furthertherighttoself-determinationoutsidethedecolonizationcontextandtorespondtoterroristattacks? • How far shouldtheSecurityCouncilexercisecentralizedcontrolovertheseandotherusesofforce?

  5. TheNicaraguacase (1986) • International Court ofJusticeregardedtheCharterprovisions as dynamicandcapableof change over time through state practice • TheCharterprovisions on self-defenceshouldbeinterpretedinthelightofcustomaryinternationallaw • Consideredthequestionofwhatamounted to a use offorceunderArt. 2(4) notamounting to anarmedattackunderArticle 51

  6. Thescopeoftherightofself-defence • A right to use force to protectnationalsabroad, totakeanticipatoryself-defence, torespondtoterrorism as partofself-defence? • Duringthedebates on the 1987 Declaration on theNon-UseofForceonlythe USA and Australia spokeoutexpresslyinfavourofanticipatoryself-defence

  7. Sanctions • The UN collectivesecuritysystem – incapacitatedduringthe Cold War • CondemnationbytheSecurityCouncil or General Assemblyofusesofforcebystates – oftensymbolic

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