Week 9

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Questions and Answers

What must occur before the UNSC can authorize the use of force under collective security?

A military alliance must be formed

All peaceful means must be tried and failed (correct)

A global consensus must be reached

The affected state must agree to it

Under Article 51 of the UN Charter, what constitutes an armed attack?

Mere incidents at the border that escalate into conflict

Action by regular armed forces across an international border (correct)

Provision of support to internal rebel groups

Threatening another State without physical violence

Which article of the UN Charter specifies the steps the Security Council can take when it finds a threat to peace?

Article 39 (correct)

Article 41

Article 30

Article 12

According to the definition adopted by General Assembly Resolution 3314, which of the following describes aggression?

Use of armed force against another state’s sovereignty Signup and view all the answers

What principle must be established after confirming the necessity of using force, according to the Oil Platforms case?

Proportionality Signup and view all the answers

What is a significant factor that differentiates mere frontier incidents from armed attacks?

The scale and effects of the incident Signup and view all the answers

What happens while the Security Council is considering a peaceful settlement of disputes?

The General Assembly cannot act Signup and view all the answers

What did the US claim as justification for its military activities against Nicaragua in the 1980s?

Collective self-defense Signup and view all the answers

How is assistance to rebels typically classified under international law?

A threat or use of force Signup and view all the answers

Under which chapter of the UN Charter does collective security action fall?

Chapter VII Signup and view all the answers

In the context of the Nicaragua case, what constituted an 'armed attack'?

Sufficient force usage by another state Signup and view all the answers

What role does the UNSC play under Chapter VII of the UNC?

Maintains international peace and security Signup and view all the answers

Which article of the UN Charter discusses the right to self-defense?

Article 51 Signup and view all the answers

What was determined about Nicaragua's support for the Marxist guerilla group in El Salvador?

It did not amount to an armed attack. Signup and view all the answers

What limits the right to self-defense under international law?

Only actions that amount to an armed attack Signup and view all the answers

Which military activities by the US against Nicaragua were deemed illegal?

Direct attacks and intervention Signup and view all the answers

What type of measures can the Security Council recommend or decide upon according to Article 41?

Sanctions and other economic measures Signup and view all the answers

What was a key feature of the justification for US military involvement in Nicaragua?

Proportional assistance Signup and view all the answers

Which of the following is NOT a condition the UNSC must find to act under collective security?

Existence of allies Signup and view all the answers

What was the reasoning behind the claim of collective self-defense by the US during its military activities against Nicaragua?

To respond to a direct military threat Signup and view all the answers

What is a major difference between 'use of force' and 'armed attack' as demonstrated in the Nicaragua case?

The criteria for 'use of force' is lower. Signup and view all the answers

What did the court determine regarding the US's military actions in Nicaragua from 1983 to 1984?

The US breached its customary international law obligations. Signup and view all the answers

Which justification was rejected by the court for the US military activities in Nicaragua?

Collective self-defense. Signup and view all the answers

What specific obligation did the US breach when its aircraft flew over Nicaraguan territory?

The obligation to not violate the sovereignty of another State. Signup and view all the answers

How did the ICJ define 'armed attack' in the context of the Nicaragua case?

Significantly grave use of force that reaches a threshold of gravity. Signup and view all the answers

In what way did the US intervene in Nicaragua's domestic affairs according to the court?

By training and equipping contra forces. Signup and view all the answers

What was one of the actions that resulted in a breach of customary international law by the US in Nicaragua?

Laying mines in Nicaraguan waters. Signup and view all the answers

Which of the following was NOT a ground for breaching international law by the US as per the ruling?

Retaliating against a terrorist organization. Signup and view all the answers

What threshold did the ICJ find necessary for an action to be defined as an 'armed attack'?

A threshold of gravity in the use of force. Signup and view all the answers

What major shift does the Responsibility to Protect (R2P) represent in terms of state sovereignty?

From a right to non-interference to an obligation to protect populations Signup and view all the answers

Which document outlines the three pillars of the Responsibility to Protect?

2005 UN World Summit Outcome Document Signup and view all the answers

Under the Responsibility to Protect, what is one of the obligations of each state?

To protect their populations from grave crimes Signup and view all the answers

In the context of armed conflicts, what is necessary for the acts of armed groups to be attributed to another state?

Effective control by the other state Signup and view all the answers

Which of the following describes a limitation of the Responsibility to Protect?

It requires international consensus for enforcement Signup and view all the answers

What does Article 51 of the UN Charter pertain to regarding state actions?

The right to self-defense in the face of armed attacks Signup and view all the answers

What is meant by 'timely and decisive response' in relation to R2P?

A well-planned and executed response to emerging crises Signup and view all the answers

Which of the following best describes the nature of the Responsibility to Protect?

A norm or principle within customary international law Signup and view all the answers

What was the primary concept introduced by the Kellog-Briand Pact?

Renounced war as an instrument of national policy Signup and view all the answers

Which article of the UN Charter specifically prohibits the use of force against the territorial integrity of states?

Article 2 (4) Signup and view all the answers

What defines 'individual self-defense' in the context of the use of force?

Action taken by a state until the threat is neutralized Signup and view all the answers

What requirement must be met for collective self-defense to occur?

Notification to the Security Council Signup and view all the answers

According to Thomas Aquinas's 'Just War Theory,' which aspect is critical for waging war?

Right intention for a just cause Signup and view all the answers

What major change occurred post-2003 regarding the concept of sovereignty?

Sovereignty transformed into a conditional concept Signup and view all the answers

What are the two limitations established during the 1907 Hague Peace Conference?

Prohibition of armed force to recover debt and requirement to declare war Signup and view all the answers

What principle did the US Secretary of State emphasize regarding anticipatory self-defense?

It must be instantaneous and leave no choice of means Signup and view all the answers

What was a key message in the Preamble of the UN Charter?

The intention is to outlaw war for future generations Signup and view all the answers

How did the era before the 20th century view war?

War was considered acceptable and common practice Signup and view all the answers

Study Notes

Public International Law: Use of Force

Three eras of international law regarding the use of force exist
Era 1 (before the 20th century): war was considered legal and acceptable, with few exceptions
Era 2 (20th century): war, use of force, and the threat of force were prohibited
Era 3 (post-2003): The Responsibility to Protect (R2P) framework shifted the concept of sovereignty, emphasizing the obligation to protect populations from mass atrocities

Historical Developments

Just War Theory (13th century): Explored the morality of war, focusing on just cause, right intention, and rightful sovereign
Hague Peace Conference (1907): Limited state's freedom to wage war, requiring formal declarations of hostilities and prohibiting use of armed force to collect debts
Kellogg-Briand Pact (1928): Renounced war as an instrument of national policy

Major Turning Point: The UN Charter (1945)

UN Charter's preamble expresses the determination to prevent future wars
Use of force (and threat of use of force) is prohibited under almost all circumstances; this is enshrined in Article 2(4) of the UN Charter
Article 2(4) requires all members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state

Exceptions to Prohibition

Article 51: Allows for self-defense in response to an armed attack
Articles 39-50: Outline collective security measures, but these require UNSC authorization as a last resort after all peaceful means have failed

Self-Defense

Individual self-defense: A state facing an armed attack is permitted to use necessary and proportional force until the threat is neutralized
Collective self-defense: The victim state can request help from other states, following consultation with the Security Council and based on the necessity and proportionality of the mutual assistance

The Caroline Rule (1837)

Criteria for anticipatory self-defense. It must be necessary and there must be no choice of means or moment of deliberation

Oil Platforms Case (ICJ, 2003)

Necessity is a prerequisite for the use of force
Proportionality must be established as well

Nicaragua Case (1986)

US supported Contras against the Nicaraguan government
The case established a higher threshold for 'armed attack' than 'use of force', arguing that aid and support did not constitute an armed attack
The US's actions were not considered collective self-defense, as Nicaragua did not endanger El Salvador

The Nicaragua Case: Relevant Issues

Did the use of force breach customary international law obligations to not intervene in the affairs of another state or to use force against another state?
Could the US's actions be justified as collective self-defense?
Did the US actions violate the sovereignty of Nicaragua?

ICJ Judgment in the Nicaragua Case

The court ruled that the US breached customary international law obligations in various aspects of its actions
Collective self-defense was not a valid justification
Violation of Nicaraguan sovereignty was found to have occurred

Armed Attack

Criteria for an armed attack for the purpose of invoking self-defense, drawn from the Nicaragua Case
The threshold for an armed attack is higher than for other uses of force
Acts that did not constitute armed attacks in the Nicaragua Case include lesser uses of force, such as providing arms to rebels

Collective Security

Definition: Multiple states cooperating to maintain or restore international peace and security
Chapter VII of the UN Charter gives the UN Security Council the responsibility to maintain international peace and security
When the UNSC deems a threat to peace, a breach of the peace, or an act of aggression exists, it can take measures to restore order, including the use of force as a last resort (Art. 42)
Measures that the UNSC can take short of use of force are sanctions (Art. 41)
The affected state has voting restrictions on some measures (Art. 27(3))

Aggression

Definition of aggression, according to UN General Assembly Resolution 3314 (XXIX), is the use of armed force by one state against another's sovereignty (and outlined in other aspects as well)
Aggression is different from criminal aggression(ICJ context)

Third Era: Responsibility to Protect (R2P)

Sovereignty has shifted from a right to non-interference to an obligation to protect populations from grave crimes
International community can take measures for the protection of populations
Including use of force as a last resort
No universally agreed definition for R2P
A norm but no separate legal instrument

Armed Groups

Attribution of armed group acts to a state: Effective control is a key criterion

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Description

Explore the evolution of international law concerning the use of force across three distinct eras. From the acceptance of war pre-20th century to the establishment of the Responsibility to Protect framework, understand the legal and moral shifts that shape today's global policies. Learn about significant historical developments such as the UN Charter and Just War Theory.