INTERNATIONAL LAW

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INTERNATIONAL LAW

• THE USE OF FORCE

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THE PROHIBITION OF FORCE 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.

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PERMISSIBLE USE OF FORCE

• United Nations authorisation under Chapter VII of
  the UN Charter
• Articles 39-42
• Enforcement Acton under Art. 53
• Self defence under customary int. law and under
  Art. 51 of the Charter
• Individual
• Collective

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THE SECURITY COUNCIL AND THE AUTHORISED USE OF
FORCE

• Chapter VII
• Art.39 The Security Council shall determine the
  existence of any threat to the peace, breach of
  the peace, or act of aggression and shall make
  recommendations, or decide what measures shall be
  taken in accordance with Articles 41 and 42, to
  maintain or restore international peace and
  security.
• Art.40 a call on parties to maintain peace
• Art. 41 measures not involving the use of force
• Art. 42 such action by air, sea, or land
  forces as may be necessary to maintain or restore
  international peace and security.

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THE UN AND THE USE OF FORCE IN THE GULF WAR
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THE SECURITY COUNCIL AND THE GULF WAR 1990-91

• In all the Security Council passed 12 resolutions
  on the Gulf situation
• S/RES/660 (1990) - 2 August 1990 (Art.39)
  Determined that a breach of international peace
  and security had taken place (i.e., that it was a
  legitimate issue for the Security Council)
  condemned the Iraqi invasion demanded its
  withdrawal from Kuwait and called upon Iraq and
  Kuwait to negotiate

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SECURITY COUNCIL RESOLUTIONS

• S/RES/661 (1990) - 6 August 1990Determined that
  Iraq had not complied with Resolution 660
• affirmed the right of individual or collective
  self-defence under UN Charter Chapter 7
• called upon all states to impose strict economic
  sanctions on Iraq until it complied with 660.

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SECURITY COUNCIL RESOLUTIONS

• .
• S/RES/665 (1990) - 25 August 1990(Art. 42
  limited use of force) Called upon states
  deploying maritime forces to use such measures as
  may be necessary to halt all maritime shipping in
  order to inspect cargo and ensure strict
  implementation of Resolution 661

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SECURITY COUNCIL RESOLUTIONS

• S/RES/670 (1990) - 25 September 1990Extended
  maritime embargo to air traffic by "taking such
  measures as may be necessary, consistent with
  international law,

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SECURITY COUNCIL RESOLUTIONS

• S/RES/678 (1990) - 29 November 1990(Art. 42 use
  of force) Demands Iraq comply with UNSCR 660 and
  gives it one final "pause of goodwill"
• authorizes states cooperating in multinational
  coalition in the Gulf to "use all necessary means
  to uphold and implement Resolution 660 (1990) and
  all subsequent relevant resolutions and to
  restore international peace and security in the
  area.

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THE WAR
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THE SECOND GULF WAR THE INVASION OF IRAQ
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THE SECURITY COUNCIL RESOLUTIONS

• Res. 687,04/91 Declares effective a formal
  cease-fire and establishes the UN Special
  Commission on weapons (Unscom),
• Res.70715/08/91Condemns Iraq's non-compliance
  on weapons inspections as a "material breach" of
  Resolution 687
• Res. 115 06/97 Condemns the repeated refusal of
  the Iraqi authorities to allow access to sites"
  and "demands that they cooperate fully" with
  Unscom
• 1194 09/98Condemns the decision by Iraq ... to
  suspend cooperation with Unscom and the IAEA",
  demands that the decisions be reversed and
  cancels October 1998 scheduled sanctions review.

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RESOLUTION 1441

• 11/ 2002 US and UK sponsor Res. 1441
• The resolution recalls previous UNSC resolutions
• Recalls that its resolution 678 (1990) authorized
  Member States to use all necessary means to
  uphold and implement its resolution 660 (1990) of
  2 August 1990 and all relevant resolutions
  subsequent to resolution 660 (1990) and to
  restore international peace and security in the
  area

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UNSC Res.1441

• Decides
• that Iraq has been and remains in material breach
  of its obligations under relevant resolutions,
  including resolution 687 (1991),
• by this resolution, a final opportunity to comply
  with its disarmament obligations under relevant
  resolutions of the Council

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ARTILCE 51 SELF-DEFENCE

• 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.

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SEPTEMBER 11 AND INTERNATIONAL LAW
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INTERNATIONAL LAW AND THE ATTACK ON THE US

• Article 51 of the United Nations Charter permits
  individual and collective self defense when an
  armed attack occurs
• Article 5 of the NATO Agreement The Parties
  agree that an armed attack against one or more of
  them in Europe or North America shall be
  considered an attack against them all

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THE RIGHTS OF THE US

• God Almighty hit the United States at its most
  vulnerable spot. He destroyed its greatest
  buildings.
• Praise be to God.
• Here is the United States. It was filled with
  terror from its north to its south and from its
  east to its west.
• Praise be to God.
• (Osama Bin Laden Sunday, 7 October 2001)

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THE RIGHTS OF THE US

• On my orders, the United States military has
  begun strikes against al Qaeda terrorist training
  camps and military installations of the Taliban
  regime in Afghanistan.
• This military action is a part of our campaign
  against terrorism, another front in a war that
  has already been joined through diplomacy
• Today we focus on Afghanistan, but the battle is
  broader.
• (George W Bush 7 October 2001)

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