the prohibition of the us of force Flashcards
War and International Law
“In war the laws are silent” – A quote by Cicero, meaning during wars, it’s often hard to enforce laws.
International Law on War:
Jus in bello: How you fight in a war (rules during the war).
Jus ad bellum: The right to go to war (reasons for starting a war).
UN Charter:
Article 2(4) says no country can use force against another (no more wars to settle disputes).
But self-defense and UN approval (Security Council) are exceptions.
Humanitarian Laws of War (Jus in bello)
In 1859, Henri Dunant saw a battle and thought about protecting soldiers and civilians during wars.
ICRC (International Committee of the Red Cross) was formed to protect victims of war.
Geneva Conventions (1949) are rules that protect people during wars:
Protects the wounded, sick, prisoners, and civilians.
Over 194 countries have agreed to these rules.
Additional Protocols (1977): Added rules on limiting the use of certain weapons (e.g., no poison gas, no expanding bullets).
Autonomous Weapons Systems (New Tech in War)
Drones and robots: There are concerns about autonomous weapons (machines that can decide who to kill).
UN & ICRC say these should be banned, as they can be dangerous and unpredictable.
mplementing International Humanitarian Law (IHL)
Training military personnel to follow these rules.
Domestic Laws: Countries need to make these international rules part of their local laws.
Punishing War Crimes: If someone breaks these rules, they can be prosecuted in court (domestic or international).
The Right to Go to War (Jus ad bellum)
Before the UN: Countries could go to war without many restrictions (e.g., League of Nations couldn’t stop wars).
Kellogg-Briand Pact (1928): Countries promised not to use war to settle disputes.
UN Charter (1945):
Outlawed war except for:
Self-defense.
UN Security Council approval.
UN Security Council (UNSC)
UN Security Council has 15 members:
5 permanent members (China, France, Russia, UK, US) who have a veto (can block decisions).
10 non-permanent members (elected for 2 years).
The UNSC’s job is to keep peace, but because of vetoes, it sometimes doesn’t work well.
For example, Russia and China often use the veto to block resolutions on Syria or Ukraine.
Ireland and the Security Council
Ireland’s role: has served on the UNSC three times, focusing on peacebuilding (helping countries solve conflicts peacefully) and conflict resolution.
They push for solutions in places like Syria, Somalia, and Iran.
Proposals for Reform (Improving the UN)
Veto problem: The P5 countries (permanent members) have too much power because of their veto rights. To fix this:
Suspending the veto for cases of mass atrocities (e.g., genocide).
Adding more permanent members (countries like Brazil, India, etc. want to join).
Requesting an opinion from the International Court of Justice about veto use.
Chapter VII: Actions in Case of Threats to Peace, Breaches of Peace, and Acts of Aggression
Article 39: The UN Security Council (UNSC) decides if there’s a threat to peace, breach of peace, or act of aggression. If there is, they decide what to do.
Article 41: The UNSC can use non-military measures to address the issue. This can include things like stopping economic relations, cutting off communication, and breaking diplomatic ties.
Article 42: If non-military measures aren’t enough, the UNSC can use military force (like air, sea, or land forces) to restore peace.
Delegating Article 42
The UNSC sometimes delegates the authority to use force to other groups (like NATO or regional forces) because, during the Cold War, it couldn’t act effectively itself.
Examples of this include NATO during the Balkan conflict or the US-led coalition in Iraq.
UN Peacekeeping
Peacekeeping (not mentioned in the UN Charter but developed over time) is a tool to maintain peace after conflicts.
Peacekeeping operations are usually authorized by the UNSC, often in places where there’s a ceasefire or post-conflict situation.
Since the Cold War, there have been many peacekeeping missions, especially in Africa and the Middle East.
Examples of Peacekeeping Missions:
Sierra Leone (1999-2005): UN peacekeepers helped end violence from rebels after years of civil war.
Haiti (2004-2017): The UN sent peacekeepers after a coup, but they faced criticism for violence and a cholera outbreak linked to peacekeepers.
Ireland and Peacekeeping:
Ireland has been a long-time contributor to UN peacekeeping, participating in over 20 missions since 1958. Ireland is seen as a neutral country, making it trusted in peacekeeping operations.
sexual Exploitation and Abuse by Peacekeepers
Some UN peacekeepers have been accused of sexual exploitation and abuse (like rape or using their position to gain sex).
This is a huge problem, and the UN is working on improving accountability, but the sending countries are supposed to prosecute offenders.
Right of Self-Defence (Article 51 of the UN Charter)
Self-defence is allowed if a country is attacked. Countries can also argue pre-emptive self-defence (defending before an attack happens).
Caroline test: A pre-emptive strike must meet two conditions:
Necessity: The threat must be imminent (about to happen).
Proportionality: The response must be proportionate to the threat.
Examples of Self-Defence:
India in 1971: Invaded East Pakistan (now Bangladesh) claiming self-defence against refugee aggression.
Israeli bombing of Iraq’s Osirak nuclear reactor: Israel claimed it was a pre-emptive self-defence move to stop Iraq from building a nuclear weapon. This was controversial.
imits on Self-Defence:
The ICJ has said that the construction of a wall in Palestinian territories was not justified as self-defence against terrorism.
conclusion.
The UN is our main system to maintain peace and security, even if it’s not perfect.
In situations like the invasion of Ukraine, a coordinated response from the UN, international courts, and other organizations is needed.
jus in bello
looks at how war is fought. ensuring if the methods used are humane.
and that the treatment of civilians and combatant adheres to international law.
jus ad bellum
a set of legal principles that looks at whether if starting a war is justifiable.
only the government can declare a war.
