- Concept of ‘just war’ arose as a result of the expansion of the holy Roman empire,

Christianity turning away from pacifism.

o As Christian states began to fight against each other, and attitudes in general
changed (e.g. rise of positivism) , the concept of ‘just war’ began to erode
- League of Nations did not prohibit war/use of force, set up a procedure designed to
restrict it.
- Art 2(4) of UN Charter: All members shall refrain in their international relations from
the use of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the purpose of the United Nations.
o Elaborated on in the 1970 Declaration on Principles of International Law
 Wars of aggression constitute a crime against peace for which there is
responsibility under int law
 States must not threaten or use force to violate existing int frontiers
or to solve int disputes
 States are under a duty to refrain from acts of reprisal involving the
use of force
 States must refrain from organising, instigating, assisting, or
participating in acts of civil strife or terrorist acts in another state.
 Declaration itself is not binding, but is important as an interpretation
of the relevant provisions
o Important exceptions include collective measures of the UN, and acts of self
defence. Controversial whether such a defence exists wrt humanitarian
intervention.
- Some question as to whether ‘force’ has to be armed force.
o Preamble to the charter does refer to the need to ensure that ‘armed force’
should not be used, while art 51, referring to self defence, does refer
specifically to armed force.
o Use of economic force might be wrong, has been suggested before, but
unlikely to constitute a violation of art 2(4)
o Legality of the Threat or Use of Nuclear Weapons: Court stated that a
signalled intention to use force if events occur could constitute a threat.
 Possession of nuclear weapons is not itself a threat.
- Phrase “against the territorial integrity or political independence” is not really
limiting, is merely reinforcing the primary prohibition.
- Forces legitimately in a country may act unlawfully e.g. Russian forces legitimately in
the Crimean region of Ukraine under treaty of 1997 could not move beyond their
bases in 2014.
- Retorsion is the adoption by one state of an unfriendly and harmful act, which is
nevertheless lawful, as a method of retaliation against the injurious legal activities of
another state.
o Examples include severance of diplomatic relations and the expulsion or
restrictive control of aliens, as well as various economic or travel restrictions
o Hickenlooper Amendments to the American foreign Assistance Act are
quotes as an instance of retorsion, required US president to suspend foreign
aid to any country nationalising US property
- Reprisals: Acts which are themselves illegal and have been adopted by one state in
retaliation for the commission of an earlier illegal act by another state

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 o Naulilaa: Concerned a German military raid of Angola, in retaliation for the
mistaken killing of three Germans lawfully in Portuguese territory. Had to be
a sufficient justification, reprisals had to be preceded by an unsatisfied
demand for reparation and accompanied by a sense of proportion between
the offence and the reprisal.
 German claim was rejected
o Reprisals short of force are probably ok (usually termed countermeasures),
but reprisals involving armed force are legitimate only when accompanied
with the right of self-defence.
- Traditional definition of the right of self-defence comes from Caroline (British seizing
and destroying a vessel in a US port. Had to exist a necessity “instant, overwhelming,
leaving no choice of means, and no moment for deliberation’.
o Art 51 upholds this right stating that acts in self-defence must be reported
o Nicaragua: Right to self-defence existed under customary IL as well as under
the UN charter.
o State who resorted to self-defence bears the burden of proof that they were
attacked.
 Oil Platforms: Must show that the attacks were deliberate against that
country.
o Nicaragua: Court argued the right did not extend to situations where a third
state had provided assistance to rebels in the form of the provision of
weapons or logistical or other support. This could constitute a threat or use
of force though.
o Israel in 1967 preemptively struck arab states due to the creation of a
blockade. Problem is that preemptive strikes give states the responsibility of
calculating whether an armed attack is imminent.
 Has been suggested that we should distinguish between foreseeable
and certain preemptive strikes.
 Argued that US wanting to pre-empt other organisations and states
after 9/11 goes beyond the current criteria.
- Difficult to quantify what might be regarded as proportionate
o Oil Platforms: Consider the scale of the whole operation that constituted the
US response.
o May involve the type or weaponry use (Nuclear weapons)
- Force may be used to protect foreign nationals abroad
o Israel going int Uganda - inconclusive
o US involvement in Iraq and bombing Libya also inconclusive
o Never lawful to use force to retrieve material abroad.
- Organisations such as NATO and the Warsaw pact established after WWII based
upon the right of collective self defence. This regional approach of collective self-
defence has been endorsed.
- IL treats civil wars as purely internal matters
o No rule against rebellion, a successful rebellion is dealt with through the
concept of recognition
o Rebels might be recognised as belligerents not criminals.
o Aid to government authorities to repress a revolt is fine as long as it is
requested by government.

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  Hard to define which authorities are entitled to request assistance.
 Panama Invasion 1989
o Is a proposition that aid to rebels is contrary to IL. Courts in Nicaragua and
Congo v Uganda seemed to say that this did amount to use of force if serious
enough.
- Was failure to agree amongst security council members about whether it was
justified to aid rebels in Syria
o Rebels were seen as sole representatives of people by some
-