9 - Prohibition On The Use Of Force Flashcards
What is the purpose of article 2(4) of the UN charter?
To prohibit the use of force by a state
What happened in the corfu channel case?
Britain argued that they should be able to sweep mines in the corfu channel, this was rejected as it violated Albanias territorial integrity
What is the scope of the term “force”?
Doesnt only apply to military force, also applies to non military force, examples of this are in article 41. Main example is a “complete or partial interruption of economic relations”
Why is article 2(4) important?
It can prevent wars, it is now a general principle of law and a custom
What is the UN system of collective security?
A system adopted by a collective of states for identifying threats to the common peace and security, for deciding which actions are adequate to address such threats and for implementing such actions
How would you describe the actions of the system of collective security?
Necessary, proportional and lawful
What does the system of collective security require from the states?
The collective of states
That they share common values and interests
Commitment towards collective peace and security
What is a big issue for collective security?
It is unnatural, each state will be moved by its own interests and this possibly clashes with individual security - “straightjacket problem”
What is needed for collective security to work
Prohibition of war
Pacific settlement of international disputes
Legal principles for the protection of fundamental interests and values
Fair and transparent procedures
Institutions
How did the “inherent” right of self defence come about?
Since the creation of collective security, smaller states asked for some form of guarantee that the collective security system would not make it impossible for them to act in self defence, thus came article 51
How long do states have the right of self defence?
Until the security council steps in
What does article 51 look to do?
Find the balance between collective security and individual self defence
What happened in the caroline case?
Defines cases where self defence are allowed as “necessity of that self defence is instant, overwhelming and leaving no choice of means and no moment for deliberation”
What are the 2 conditions which must be met for self defence to be proportional?
Necessity and proportionality
What happened in the nicaragua case in relation to prohibition on the use of force?
The court held that the prohibiton of the use of force is now a jus cogens norm
