Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Member states of the United Nations wikipedia , lookup
United Nations General Assembly wikipedia , lookup
United Nations peacekeeping wikipedia , lookup
Reform of the United Nations wikipedia , lookup
History of United Nations peacekeeping wikipedia , lookup
Reform of the United Nations Security Council wikipedia , lookup
United Nations Security Council wikipedia , lookup
Chapter 1: Legal Bases for the Use of Force Legal Bases Jus ad bellum – Law applicable to Going to War Jus in Bello – Law applicable in War History Just War Theory War as Fact WWI League of Nations Kellogg-Briand WWII UN Charter Victorious Powers of WWII Presumptive prohibition on the “Use of Force” Granting sovereignty over the “use of force” to an international ogranization UN Charter 1. The Purposes of the United Nations are: 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; UN Charter - 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. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. UN Organization General Assembly (arts. 9-22) Security Council (arts. 23-51) Economic and Social Council Trusteeship Council International Court of Justice (arts. 92-96) Secretariat Use of Force Exceptions to the Prohibition – Consent – Security Council Authorization – Self-Defense Consent Reality of the Consent – Realistic Consent – Coerced Consent Economic pressure Military pressure Sticks vs. Carrots UNSC Authorization Chapter VI Chapter VII Art. 39 Threshold Arts. 41 and 42 No Article 43 Forces Invites/Authorizes – UNSCR Resolution Self-Defense Article 51 - Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. Self-Defense “Armed Attack” Necessity, Proportionality, Timeliness Anticipatory SD Interceptive SD Preemptive SD Armed Attack “if an armed attack occurs” Does “armed” require heat, blast and fragmentation? Cyber attacks? Failed attempts? Principles – an objective necessity to respond Proportionality – response limited in scope, intensity, and duration Timeliness – reasonable proximity in time to the hostile act Necessity Anticipatory SD Caroline Case “instant, overwhelming, and leaving no choice of means, and no moment for deliberation” Interceptive SD Attacker has “committed itself to an armed attack in an ostensibly irreversible way Preemptive “The United States has long maintained the option of preemptive actions to counter a sufficient threat to our national security. The greater the threat, the greater is the risk of inaction— and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy’s attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act preemptively.” Other Uses of Force Protection of Nationals – Noncombatant Evacuation Operations Responsibility to Protect (R2P) – Domestic State responsibility – Int’l communities responsibility to assist Domestic State – Int’l community should use appropriate methods – Int’sl community has the responsibility to intervene if Domestic State fails Contemporary Challenges Non State Actors – UN Charter concerns States Drones – Ad bellum or in bello Cyber Operations – Attack? – Armed? – Attribution Questions?