Professional Documents
Culture Documents
2e - Santiago, P - Week3 - Pil
2e - Santiago, P - Week3 - Pil
Chapter 14 on The Use of Force Short of War and Chapter 15 on The Law of War
THE USE OF FORCE SHORT OF WAR Legality of the Threat or Use of Nuclear
Weapons
Use of Force
The Charter recognizes the inherent right of
General Principle: International law recognizes individual or collective self-defense if an armed
the attack occurs. The entitlement to resort to self-
a. Autonomy of individual states defense is subject to the conditions of necessity and
b. Their right to freedom from coercion and to the proportionality.
integrity of their territory
A further lawful use of force is envisage whereby
Art. 2(4) of the UN Charter: All Members shall the Security Council may take military enforcement
refrain in their international relations from the measures in conformity of the Charter. These apply
threat or use of force against the territorial integrity to any use of force, regardless of the weapons
or political independence of any state, or in any employed.
other manner inconsistent with the Purposes of the
United Nations. Individual and Collective Self-Defense Exception
to the prohibition of the use of force
The above text does not use the word ―war
because it is a technical term which does not Article 51 Measures taken by Members in the
include some uses of force exercise of this right of self-defense shall be
immediately reported to the Security Council and
Hence, the prohibition is broader than the shall not in any way affect the authority and the
prohibition of war noting that it applies to ―any responsibility of the Security Council to take at any
other matter inconsistent with the Purposes of the time such actionas it deems necessary in order to
United Nations maintain or restore international peace and
security.
The prohibition of the use of force is customary
international law Is anticipatory self-defense allowed?
Charter prohibits not just use of force but also the 1. States do not invoke the right because they are
threat of force afraid that it might be used against them too
Typical form of threat of force:
2. Israel launched a preemptive strike against its
A State is given an ultimatum, a time-limit, within Arab neighbors but the UN did not condemn the act
which to accept the demands made upon it and is
told that, if it rejects the demands, war will be Traditionally Allowable Coercive Measures
declared on it or certain coercive measures will be
taken 1. Severance of Diplomatic Relations
CUSTOMARY and CONVENTIONAL LAW -Instead being treated as ordinary criminals when
captured, they are treated as prisoners of war
What is embodied in Hague and Geneva
Conventions are customary law METHODS OF WARFARE: JUS IN BELLO
INTERNATIONAL TERRORISM