The use of force Flashcards
International Conference of American States
Cessions of territory : threats of war /armed force = void
Second Hague Convention
Limitation of the use of force in case of debts
Art I/ II, Kellogg-Briand Pact
- General prohibition of the use of force
- Settlement disputes “shall never be sought except by pacific means”
Art 10, League of Nation Covenant
Accept/ preserve territorial integrity/ independance of the members
Art 2 paragraph 4 UN Charter + resolution 2625
Prohibition of the use of force against state’s sovereignty (treaty + customary international law)
Article 51 UN Charter
Individual / collective right to self defense
Oil Plateforms case
Criteria of scale and effects
Tallinn Manuel, rule 14
Necessity/ proportionality
Nicaragua case
Conditions lawfulness of the right to self defense
- armed attack
- victim state = declaration
- use by 3rd State = formally declared
Article 39 UN Charter
Existence of threat/ breach of peace/ act of aggression
Article 40 UN Charter
Provisional measures
Article 41 UN Charter
Non-forcible measures
Artible 42 UN Charter
Forcible measures