Legal Basis for the Use of Force

Question 1

What is the just war theory?

Answer 1

Just war theory is an ethical framework used
to determine when it is permissible to go to
war. It originated from Catholic moral
theologians like Augustine of Hippo and
Thomas Aquinas, though it has had a variety
of different forms over time.

Question 2

What were the criteria for just war, when first introduced?

Answer 2

• The war needed to be waged by a legitimate authority (competent authority)
• Have a just cause, and
• Have the right intentions.

Question 3

What are the criteria for just war now?

Answer 3

1. Competent authority
2. Right intentions
3. Just cause
4. Probability of success
5. Last resort
6. Proporionality

Question 4

What are the criteria for self-defense?

Answer 4

1. Immediacy
2. Proportionality
3. Necessity

Question 5

What does Article 2 par. 4 of the UN Charter say?

Answer 5

“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.”

Question 6

What does the nececissity criterion in self-defence say?

Answer 6

The necessity requires the verification that the conflict cannot be solved by peaceful measures.
The condition of the necessity requires the presence of conclusions, which are based on the proved facts, that an armed attack is imminent and requires the response.

Question 7

What does the proportional criterion in self-defence say?

Answer 7

The use of force must be limited to the neutralization or abolition of the attack against which a state is defending itself.

Question 8

What does the immediacy criterion in self-defence say?

Answer 8

Principally, the action in self-defence must immediately follow the start of an attack.

Question 9

When does an attack begin?

Answer 9

This is a controversial issue. We have two opinions:
▪ 1st view=“if an armed attack occurs” which should be read in connection with the main purpose of the Charter of the United Nations to limit
the unilateral use of force in international relations.
▪ the use of force for self-defense is lawful only after the armed attack had already been launched
▪ 2nd view=Not allow adversary to deliver the first and perhaps the fatal blow (pre-emptive self-defence).

Question 10

What is an imminent attack?

Answer 10

A sequence of events has been set in motion which will inevitably lead to an armed attack.

Question 11

Which are the criteria for collective self-defence?

Answer 11

▪ Armed attack by one state against another
▪ The victim state must declare it
▪ Invitation for assistance to another State

Question 12

What is the Responsibility to Protect (R2P)?

Answer 12

Forcible intervention by a state or a group of states, including by military means, in the sphere of sovereignty of another state in order to bring an end to massive assaults on human rights that the territorial state is not able or willing to stop.

Question 13

What is the three pillar strategy to protect the states?

Answer 13

1. Every state has the Responsibility to Protect its populations from the four mass atrocity crimes.
2. The wider international community has the responsibility to encourage and assist individual states in meeting that responsibility.
3. If a state is manifestly failing to protect its populations, the international community must be prepared to take appropriate collective action in a
   timely and decisive manner and in accordance with the UN Charter.

Question 14

What are the four types of mass atrocities crimes?

Answer 14

• Genocide
• Ethnic cleansing
• Crimes against humanity
• War crimes

Question 15

How does R2P work?

Answer 15

1. Diplomacy and other peaceful measures
2. Coercive measures through UNSC
3. Collective military action by willing states