Use Of Force

Question 1

Essential conditions for art 51

Answer 1

1. Armed attack
2. Member of un
3. Simultaneously inform unsc
4. Only until unsc takes measures
5. Individual or collective self defense

Question 2

Cases to write for doctrine of self defense

Answer 2

1. Nicaragua vs USA - customary
2. Caroline case – only if threat is imminent
3. USA vs iran case - prove that there was actual use of force or imminent threat. Either of the 2 should continue when self defense was exercised

Question 3

Anticipatory self defense

Answer 3

1. Also emanates from art 51
2. Instant, overwhelming, no time for deliberations, bop
3. Constitutes various calculations, too early might be coercive
4. International authors - INTERCEPTIVE SELF DEFENCE
5. Proportionate. Preventive rt not punitive rt

Question 4

Define intervention

Answer 4

Prof oppenheim- dictatorial interference by a state in the affairs of another state for maintaining or altering the actual conditions of things

Question 5

Justification of intervention

Answer 5

1. Invitation- advance , by legitimate govt
   Ex. When Germany attacked Belgium in 1830s England intervened because it had a treaty with Belgium
2. Counter measure by state - art 51 of un charter - USA bombing of sudan in 1998 — Kenya and Tanzania - justified under A51
3. Collective intervention- chapter VII- Iraq Kuwait war 1991 a coalition of 39 countries led by USA fought Iraq unsc resolution 678
4. jus genitum- to overthrow tyranny. But not valid under un charter. CanNOT intervene in the affairs of another state to maintain BOP.
5. Humanitarian- kosovo- natonbombing - ethinic Albanians
   But balance between sovereign rights of state and human rts of international community
6. Protect nationals abroad - Israel raid in entebbe. But this ground has ceased to exist as a valid ground, needs permission and authorisation of UN

Question 6

Types of coercive settlement of disputes

Answer 6

1. Retorsion - retailation in the form of unfriendly legitimate acts by the state whose dignity has been affected. Eg; severance of diplomatic relations, regress passport rules etc. . Legal under traditional IL but not under UN charter
2. Reprisals- starkes definition - coercive method adopted be one state against another for settling some dispute brought about by the others illegal/ unjustified act
   Arbitraral court principles - in naulilaa incident - illegal unless based upon a previous illegal act, proportionate, only when unsuccessful demand of redress.
   Boycott of goods, embargo, seizure of property and person. Collective reprisals under Geneva drugs convention
3. Pacific blockade- coerce states whose ports have been blocked into complying with a request of blockading state. Legality doubtful. Usually by stronger states. Chapter 7
4. Intervention-
5. War - ultimate sanction of IL. right to wage war now restricted both under Brian kellog pact and obligation under unc

Since finality of these modes is still debatable, can be concluded under the auspices of UN that states must at best stay away from adopting any of these measures

Question 7

Necessity and proportionality is at the heart of self defence . Explain

Answer 7

1. Art 2(4), art 51
2. Caroline case , Us secy of state guideline — 1. Necessity, instant , overwhelming and no room for deliberation. 2. Must not be unreasonable or excessive. Both these eventually accepted as part of IL
3. USA vs Iran - attack on Iran oil platforms unnecessary, no evidence that USA has complained to Iran
4. Democratic republic of Congo vs Uganda - Ugandan forces taking down airports hundreds of km away from its borders seems disproportionate to its claims of trans border attacks which gave rise to rt of self defence