Module 4 Flashcards
Collective self defence and Nato-EU relations
The return of power politics in a contested world
…an increasing number of actors seeking to expand their political space and challenge the security order .The armed attack againts Ukraine is showing the readiness to use the highest level of military force…
Strategic Implications for the Union*…there is a new strategic landscape emerging that requires us to … show mutual assistance and solidarity in case of agression against one of us.”
Self defence
Self-defencethe right of states to survival(ICJ, 1996)Self-defence permissible form of armed self-help.
Self defence = a state’s right, acting unilaterally or in association with other countries, to respond with lawful force to unlawful force. Self defence is regulated by IL and it can be exercised individually or collectively.
Article 51 UN charter regarding 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.”Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council…”
Limitations to the exercise of collective self defence
Armed attack, necessity and proportionality, CSD is a provisional right. Reporting to UNSC & until clause. Victim asks for assistance of third states.
NATO art 5 Washington treaty
Art.5: “The Parties agree that an armed against one or more of them shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them will assist the party or parties so attacked by taking fortwith, individually and in concert with the other parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North atlantic are.
Any such armed attack and all measures taken as a result thereof shall immediately be reported to the SC. Such measures shall be terminated when the SC has taken measures necesary to restore and maintain international peace and security.
Art.42(7) mutual defence clause
If a member state is the victim of armed aggression on its territory, the other member states shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with article 51 of the UN charter. This shall not prejudice the specific character of the security and defence policy of certain member states.
Commitments and cooperation in this area shall be consistent with commitments under the NATO, which for those states which are members of it, remains the foundation of their collective defence and the forum for its implementation.
Observations EU art 42(7)
Assessment of French decision to invoke Art. 42(7): the military assistance provided to Paris was unevenFrench motivation to invoke Art.42(7) politicalThe episode revealed drastic lack of preparations: EU/supranational institutions no roleEU Global Strategy (2016): first strategic EU document that explicitly acknowledged the potential role of the Union as a forum for the collective defence of its member states.The EU has been concretely involved in the collective defence:Countering hybrid threatsImproving military mobility (2018 EU Action Plan on Military Mobility)How the EU itself could take on a direct role as a collective defence framework?Turkey’s illegal drilling activities in the Eastern Med (2020) by GreeceRussia’s invasion of Ukraine (2022) by Finland and SwedenEU Strategic Compass (2022)*Reference to 42(7) for cyber defence, hybrid and space-relaed threats *but avoids references to conventional deterrence and defence against a third state
CSDP emergence
St Malo Declaration (UK-France, December 1998): “the Union must have the capacity for autonomous action, backed up by credible military forces, the means to decide to use them, and a readiness to do so, in order to respond to international crises”“Europe would be ‘contributing to the vitality of a modernised Atlantic Alliance which is the foundation of the collective defence of its members”European Council Cologne in June 1999: Member states support St Malo Declaration*US conditional acceptance of ESDP: the three Ds’no decoupling of CSDP from NATO; no duplication of capabilities and no discrimination of non-EU NATO members
Petersberg tasks in 1999 Amsterdam Treaty
covered the entire spectrum of military operations from humanitarian and rescue tasks to combat forces in crisis managementhumanitarian and rescue tasks; conflict prevention and peace-keeping tasks; tasks of combat forces in crisis management, including peacemaking; joint disarmament operations; military advice and assistance tasks; post-conflict stabilisation tasks
NATO-EU declaration on ESDP (2002) and Berlin plus arrangements (2003)
provide the basis for EU-NATO cooperation in crisis-management by allowing the EU to have access to NATO’s assets and capabilities for EU-led operations, including command arrangements and assistance in operational planning.make it possible for NATO to support EU-led operations in which NATO as a whole is not engaged.cover three main elements: EU access to NATO planning, NATO European command options and the use of NATO assets and capabilities.
1st NATO-EU joint declaration (2016)
42 areas of cooperation in 7 areas of common interest-countering hybrid threats; cooperation in operations, including in the maritime domain; cyber security and defence; development of defence capabilities; defence industry and research; exercises; and defence and security capacity building for partners
2nd NATO-EU joint declaration 2018
focuses on military mobility, cyber security, hybrid threats, counterterrorism and women and security
3rd NATO-EU joint declaration (2023)
protect critical infrastructure, emerging and disruptive technologies, space, climate change and foreign interference
2022 Russia’s invasion of Ukraine
2022 Russia’s invasion of Ukraine =▷clearer division of labour-NATO =▷territorial defence and deterrence-EU =▷societal preparedness, defence industrial cooperation, economic security tools and crisis management & areas where it can add value to NATO’s core task of territorial defence such as EU-NATO cooperation on military mobility
Recent NATO-EU developments
Regular meetings at different levels:-Defence Ministers-Foreign Ministers-Ambassadors-Military representatives-Regular staff-to-staff talks between NATO IS, IMS & the EEAS, European Commission, EDA, EP-Translatlantic dinners at NATO SummitsRegular progress reports on the implementation of the proposals endorsed in joint declarations (the last one is the ninth progress report adopted in June 2024)*Permanent military liaison arrangements:-NATO Permanent Liaison Team has been operating at the EU Military Staff (since November 2005)-EU Cell at SHAPE (since March 2006)
EU military instruments
EU battlegroups, 2022 EU rapid deployment Capacity, 2017 European defence fund, 2021 European Peace facility, 2017, Permanent Structured Cooperation (PESCO), 2017 Military staff and command structures (MPCC)
EU battlegroups
Helsinki Headline Goal of 2003 –ambitious start2004 EUBG: multinational rapid response units, rotated among EU member statesBattlegroups are employable across the full range of tasks listed in Article 43(1) of the Treaty on European Union: conflict prevention; initial stabilisation; humanitarian interventions;and rescue tasks; crisis management and peacekeepingMajor problem with EUBGs is the funding –contributing member states assume costs*2017: the Council decided that the deployment of BGs should be borne as a common cost by the EU. But no major change
2021 European Peace Facility
Off-budget instrument for EU actions with military and defence implicationsThe EPF consists of two pillars –one for military operations and one for assistance measures*EUR 17 billion for the period 2021-2027
2017 PESCO
allows EU member states to collaborate voluntarily on defenseprojectsdevelop military capabilities and operational readinessIt is established based on Arts 42(6) and 46 TEUPESCO secretariat is under the responsibility of the HR/VP and relies on EDA and EEAS staff*Although participation is voluntary, once a member state signs up for a PESCO project, the obligations it takes on are legally bindin
2017 MPCC
is part of the EEASfirst European integrated military operational HQs*responsible for the operational planning and conduct of the EU’s non-executive military mission
