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Study guide

Use of Force

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Comprehensive textbook, lecture and academic notes on Topics in International Law. Includes key cases, analysis of the law, academic criticism and my own comments. Got me a 1st

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  • June 21, 2019
  • 14
  • 2018/2019
  • Study guide

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USE OF FORCE
Introduction
Currently ~65 million people displaced by armed conflict. Conflict in Yemen, Syria, South Sudan, Libya,
Ukraine, Afghanistan, DRC, Mali, Central African Republic, Nigeria, Somalia, etc, and tension in Palestine,
NK, with Israel and Saudi Arabia and the US against Iran, and in the South China Sea. Conflict seems to
be an ineffective way of solving issues – look at post-conflict zones in Iraq, Afghanistan, and Libya. 100+
major conflicts since 1945.

Use of force is prohibited by the UNC. Since the end of the Cold War, US has been putting forth wider
use of force doctrines, whereas Russia and China respect a narrower conception at least in theory. The
prohibition is frequently violated, but states usually claim a justified IL basis for their use – point to the
law.

Sources of the law on the use of force


UNC Art 1 sets out the purposes of the UNC, including: “To maintain international peace and security,
and to that end: to take effective collective measures for the prevention and removal of threats to the
peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about
by peaceful means, and in conformity with the principles of justice and international law, adjustment or
settlement of international disputes or situations which might lead to a breach of the peace”


Art 2(3): “All Members shall settle their international disputes by peaceful means in such a manner that
international peace and security, and justice, are not endangered”


Art 2(4) prohibits the use of force; Art 51 preserves the right to self-defence in the case of armed attack.
Chapter VII sets out the UNSC powers to take action in respect of threats to/breaches of the peace or
acts of aggression. Art 2(6) puts the duty on members to ensure non-members follow UN principles as
far as is necessary for international peace and security.


The provisions of the Charter are interpreted by state practice.

GA Resolutions (regarded at statements of CIL or authoritative UNC interpretations when consensus).
Resolutions are kept vague to get enough agreement (eg no consensus on scope of SD).
 Friendly Relations Declaration (1970) – Reiterates Art 2(4) UNC and gives explicit examples of
where force should not be used. Useful to show SP/OJ. States must refrain from organising,
instigating, assisting or participating in acts of civil strife in another state and a have a duty not
to incite or tolerate subversive, armed, or terrorist activities towards the violent overthrow of
another state’s regime.

 The Definition of Aggression (1974)

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