International law and Use of Force

1
International law and Use of Force

• Lecture 27
• March 20

2
ASSIGNMENTS

• Monday, March 30
• Art.2(4) and the use of force by states
• Read Henkin and Reisman excerpts (just review
  it)
• The Nicaragua Case, Note p.558
• Lawful Self-defense to Terrorism p.563
  Afghanistan
• National Security Strategy of the United States
  of America p.568
• A More Secure World Our Shared Responsibility
  p. 569
• April 1 Final draft of paper due
• Guest Speaker
• Professor Kanner Terrorism and International
  Law
• Attendance compulsory
• Final exam May 4, 430-7pm, HUMN 1B50
• Today
• The Reparations Case p.469

3
Presentation of Papers

• At the front of the class, on my desk, I have a
  sheet to sign up for oral presentation of your
  optional papers
• April 15 May 1

4
OPTIONAL PAPERS

• Remember to have a clear thesis in one of your
  first few paragraphs (use heading Introduction,
  etc.).
• In Introduction spell out your thesis and at the
  end of introduction have a short overview of the
  topics to be covered in the paper.
• Example In this paper, I will address then
  you just list the topics that will be covered
  thus giving the reader a heads-up on what is to
  come.
• Conclusion sum up your paper reiterate your
  thesis.

5
April 1 - OPTIONAL PAPERS Due

• PROPOSAL (if you got it back or havent handed it
  in) Description of the issue or problem,
  detailed outline, bibliography
• PROPOSAL MUST BE HANDED BACK TOGETHER WITH FINAL
  PAPER OR I WONT ACCEPT THE FINAL PAPER (if I
  have it no worries).
• Final Paper use double-space format,
• font 12

6
Class presentations

• The materials can be used in quizzes and exams
• Make sure if you miss any of them you get the
  information from classmates
• Three important points for each presentation

7
IRAQ

• UNSC Resolution 1441
• UNSC Resolution 687
• http//www.un.org/Depts/unmovic/documents/docslist
  .htm
• UNSC Resolution 678
• UNSC Resolution 660

8
Materials

• Declaration of Principles of International Law
• http//www.hku.edu/law/conlawhk/conlaw/outline/Out
  line4/2625.htm
• Humanitarian intervention http//www.dfait-maeci.
  gc.ca/iciss-ciise/report2-en.asp
• Responsibility to Protect http//www.americaabr
  oadmedia.org/programs/view/id/112

9
The UN can bring claims against a state under

• A. UN Charter Art. 100
• B. UN Charter Art. 2(5)
• C. UN Charter Art. 2(6)
• D. All of the above
• E. None of the above

10
Reparation for Injuries suffered in the Service
of the UN

• Issue Does the UN have the capacity to bring an
  intl claim against both member and non-member
  states?
• Sub-question Does it have international
  personality?
• Yes. The UN has the capacity to bring an
  international claim against both member and
  non-member states. The UN is a subject of intl
  law possessing international personality.

11
Roles and status of NGOs

• - watchdog function
• - gather facts
• - lobby,
• - provide technical expertise
• - UN Charter Art.71 NGOs- consultative status
  with ECOSOC
• - treaties can specify direct role for NGOs
  Treaty to Combat Desertification 1994
• - Lack international legal personality on the
  international plane - cannot bring legal
  claims on the international plane
• - but many NGOs have legal personality in
  national law
• - legal personality within regional
  international legal systems
• - EU
• - Nordic Council

12
NGOs

• Intl Red Cross and Red Cresent Movement
• 1) Intl Committee of the Red Cross
• 2) Intl Federation of Red Cross Societies
• and Red Cresent Societies
• - American Red Cross

13
USE OF FORCE

• Jus ad bellum decision to resort to use of
  force focus in our course
• Jus in bellum humanitarian law law in war
  time - treatment of soldiers, civilians, and
  prisoners of war during interstate hostilities
  1949 Geneva Conventions
• THIS COURSE focuses on the legal constraints on
  states resorting to use of force

14
Coercive and punitive measures short of war
Counter-measures

• retorsion unfriendly measures, but not
  prohibited by intl law severance of diplomatic
  relations, shutting of ports to vessels of an
  unfriendly state, denial of entry visas for its
  nationals, suspension of foreign aid, trade
  restrictions (not guaranteed by treaty)
• reprisal self help - after issue of demand/
  necessity, in response to an illegal act,
  proportional
• self defense necessity thats instant,
  overwhelming, and leaving no choice of means, and
  no moment for deliberation

15
Naulilaa Case 1928

• Issue In order to be a legal reprisal does the
  prior act need to be illegal and the response
  preceded by an unsatisfied demand and must there
  be acceptable proportionality between the alleged
  offense and the reprisals taken?

16
THE CAROLINE DISPUTE

• Self defense will justify an invasion of another
  country only when the need is so great as to
  leave no alternative.
• Right of self-defense only available when the
  necessity of that self-defense was instant,
  overwhelming, and leaving no choice of means, and
  no moment for deliberation.

17
Limitations on the use of force

• Prohibition against use of (military) force
• Art. 2(4) considered jus cogens
• Exceptions to the prohibition on use of force -
• 1. Self defense Art. 51 if armed attack
  occurs
• an exception to UN Charter 2(4) and customary
  intl law prohibition on the use of force by
  states
• 2. ART.42-UN Security Council USE OF FORCE
  (UNSC action)
• Art. 2(3) commits members to settle disputes by
  peaceful means