Use of Force and Self Defence

Question 1

What constitutes to a use of force?

Answer 1

1. supply of weapons
2. border incidents
3. training
4. intelligence

Supply of finance doesn’t count
*Example, the US provided finance and the above to the Contras in Nicaragua but they could not use it as self defence.

Question 2

Where does it stipulate about use of force

Answer 2

Article 2 UN Charter

- Prohibition on the use of force.

Question 3

Armed attack and use of force are the same thing?

Answer 3

• NO.
• armed attack is a more aggravated and more serious use of force. Self defence is only available in an instance of armed attack

Question 4

What proposals have been forwarded about other legal uses of self defence?

Answer 4

1) Rescue of National abroad
- Israeli plane hijacked, non jewish were freed. So Israel mounted a raid in Uganda to free hostages without govs permission
- it has not yet been established whether mere nationals protection is applied or if it only refers to gov officials

2) Humanitarian Intervention
- Most states oppose but UK has special agreement
- 2018 Syria Policy Paper - only intervene where there is extreme humanitarian suffering and no alternative.
- KOSOVO - NATO intervention when there was no official authorisation

Question 5

What is one way use of force can be legally used? (2nd explicit use of force)

Answer 5

UN Enforcement Action
Chapter 7 Article 39
- Allows self defence
-represents collective actions of states

Article 41
- measures taken that do not include the use of force
economic sanctions - smart sanctions

Article 42

• seal of approval by SC to engage in enforcement action
• countries have a VETO
• 3 cases (South Korea and North Korea war)

Question 6

what is UN Peacekeeping?

Answer 6

UN acts in a neutral capacity to reduce conflict and not to impose a solution on

example - used in Kashmir for 70 years to prevent war

• must have consent of all parties

Question 7

when can self defence be triggered?

Answer 7

Article 51 - Self Defence is an inherent right for states to use. The following criteria must be sought

1. is it an armed attack?
2. attribution?
3. satisfy requirement of necessity as a prerequisite
   (must be no other alternatives)

Examples: Oil Platforms Case

• US had blown up oil platforms and ships in Iran as self defence
• didnt hit exact ships and therefore not a use of force

Question 8

What are the principle to engage in self defence

Answer 8

Timing - must be done when act is being carried out
too late - may be classed as an armed reprisal
Example - Falkland (Britain responded as quickly as possible)

Too early - scope for abuse, self defence can not be used in speculation.

Proportionality - must be proportionate and restore status quo Example - Iran and Iraq 1980’s

Question 9

what is the position with terrorist and non state groups?

Answer 9

Yes - Israel and US claim that terrorism is a military problem rather than criminal

No - Red Cross say terrorism is an armed conflict and should be treated as a crime.

World Court has has no global pronouncement on the matter