Use of Force Flashcards
Acheson Plan
Provides that when the Security Council cannot exercise its powers under Chapter 7, the General Assembly can step in
Purpose is to increase the UN’s effectiveness against aggression
Jus ad Bellum
Rules that govern when it is legal to resort to force/entry into conflict
Jus in Bello
Rules that govern behavior during war/conduct during hostilities
International humanitarian law
Retorsion
Legal retaliatory action taken by one state against another in response to actions that are regarded as hostile, unfriendly, etc.
Key: would not have been illegal even if there was no first hostile act
Examples:
- Breaking off trade or diplomatic relations
- Denying entry visas
- Denying aircraft or vessel entry to port
Reprisal
Illegal action taken as a measure of self-help in response to a prior illegal act that is not considered unlawful if:
- The first act was actually illegal
- The reprisal is proportionate to first act
AKA: countermeasures
Kellogg-Briand Pact
1928
- Renunciation of war as a means of settling disputes
- Pledge to use pacific means to settle disputes
Now in disuse (desuetude)
Caroline Test
- Necessary
a. Instant
b. Overwhelming
c. No choice of means
d. No moment for deliberation - Response proportional to threat
UN Charter - Article 2(4)
Members shall refrain from threat or use of force against
- territorial integrity or
- political independence of any state or
- in any other manner inconsistent with the purposes of the United Nations
Binding customary law
UN Charter - Article 51
Right of self-defense if armed attack occurs until the Security Council has taken measures necessary to maintain international peace and security
Exceptions to prohibition against use of force
UN Charter:
- Article 2(4)
- Article 51
- Chapter 7 (Security Council: maintain peace and security)
- Chapter 8 (Regional Arrangements)
Belligerent
Conflict between two states
Insurgent
Conflict within a state; rebellion
Lawful Self-Defense to Terrorism (Mary Ellen O’Connell)
- Significant armed attack
- Attack underway or clear and convincing evidence that it will continue in the future
- Target must be responsible for the significant attack
- Force must be necessary and proportionate
Exceptions to the use of force
- Regional Arrangements
- Article 51 (self-defense)
- Grandfathering countermeasures (reprisal and retorsion)
- Article 2(4)
- Humanitarian intervention
- Enforcement measures by UN
- Measures of Security Council (maintain int’l peace and security, act with respect to threats to the peace, breaches of the peace, and acts of aggression)
Jus in Bello Geneva Conventions & Protocols
Conventions:
- Wounded/sick in armed forces in the field
- Wounded/sick/shipwrecked in armed forces at sea
- Prisoners of War
- Civilians in times of war or armed conflict
Protocols
- International armed conflicts
- Armed conflicts not of an international character (applies conventions to civil wars, terrorists, etc.)
