Q7.

USING ILLUSTRATIVE EXAMPLES,EXAMINE THE

CIRCUMSTANCES UNDER WHICH THE USE OF FORCE IS
LAWFUL UNDER INTERNATIONAL LAW
GROUP 7 MEMBERS WHO PARTICIPATED
COURTNEY MYA MAKONI R223950N
KUMBIRAYI FREDDY RYAN MUGAYI R224059B
MERCY CHIPESI R224304D
KHALIPHILE NYONI R224000P
THELMA TANAKA WIZIMANI R224099E
LILLIAN TADIWANASHE ARITURI R224213V
WILMAH NYASHA RUZVIDZO R224164T
SHAMISO MTISI R215604N
AUDREY NGENYASHA NYAKURIMWA R224219B
SHUVAI R ZIMUNYA R224216X
SOPHIA L MAPARE R223975R
  Article 10 and 11 under the League Of Nations failed to be
particular about the exact prohibitions that encompass the Just
BACKGROUN and Unjust causes of war. It is because of this reason that World
D ON THE USE War II emerged.
 It was only after World War II that the United Nations was formed
OF FORCE that brought forth Jus Ad Bellum. Jus Ad Bellum is a set of criteria
that are to be consulted before engaging in war in order to
determine whether entering into war is permissible, that is, a just
war.
Lawful factors in
International law
Use of Force
  The Declaration on Friendly Relations, UNGAR 2625 (1970) every
state has an inalienable right to choose its political, economic,
social and cultural system without interference in any form by
another state
NON  Article 2 (7) Charter Nothing contained in the present Charter shall
authorize the United Nations to intervene in essentially within the
INTERVENTI domestic jurisdiction of any state
ON  Article 2(4) Charter All member states shall refrain in their
international relations from the threat or use of force against the
PRINCIPLES territorial integrity or political independence of any state or in any
other manner inconsistent with the Purpose of the United Nations
 Self-Defence
Self collective
LAWFUL OR
LEGAL security
PRINCIPLES The security Council
Retorsion
  UN Charter Article 51 Nothing in the present chapter shall impair
the inherent right of individual or collective self if an armed attack
occurs against a member of the united nations until the security
council has taken measures necessary to maintain international
peace and security 1Case study Iraq vs Kuwait 1990 were Iraq
invaded Kuwait states and Saddam Hussein declared Kuwait as 19
state of Iraq
SELF  Case study Israel attacked Iran the Israel launched a strike against
DEFENCE Iran nuclear reacter which was said to be aimed at Israel
 Case study Nicaragua vs America Nicaragua claimed the USA had
supplied troops, weapons and training to the rebels to fight the
Nicaragua Government
 Case study Russia vs Ukraine
  Members states form an alliance against outsiders or the unknown
power which may stray from the path of collective rectitude
COLLECTIVE examples 1949 Nato treaty, Baghdad 1955 and Rio Treaty 1947
SELF  Case Study 9/11 collective self defence against terrorism

SECURITY  Case study Kuwait vs Iraq

  The security council is governed by the treaty of law, the United
Nations Charter VII article 42
 The security council can create economic sanctions to a state
which is not willing to cope with its demand,if a country does not
comply the security council will use force to make the country to
SECURITY comply wit its demands
COUNCIL  Military action of member states under the security council
example Chinese Military Companies Sanctions, Iran Sanctions
and Iraq Sanctions
  It is lawful but unfriendly act conducted by a country to hit back
against aggressive legal activity of another state, accordingly
retorsion is legitimate method to express its displeasure in way
RETORSION that hates another states whilst staying in the boundaries of the
law ie deportation of foreign nationals, imposing economic and
travel ristrictions Case study Russia and America
 United Nations Charter Article 2(4) :
It provides that a UN member state cannot threaten or use force
against the territorial integrity or political independence of another
state,or in anyway way that diverges from the purpose of the
organization of the UN.

Although article 2(4) does not use ‘armed’ or a similar word,most

theorists believe that it only prohibits military force,excluding non
military forms of coercion such as economic or cyber attacks
amongst many.
  TO ensure that a none biased approach is encompassed as we
unfold the question,it is only fair to include that not all Uses Of
HOWEVER Force are lawful under International Law. International Law
prohibits certain Uses of Force in order to safeguard the peace and
sovereignty of and within states.
UNLAWFUL  ILLEGAL SANCTIONS
USES OF  COLLECTIVE INTERVENTION
FORCE
  Economic sanctions are commercial and financial penalties
applied by one or more countries against a targeted self governing
state,group or individual
EXAMPLE :
ILLEGAL The United States of America decided to restrict U.S support for
ECONOMIC multilateral financing to Zimbabwe until Zimbabwe Makes specified
political and economic reforms.
AND
POLITICAL
SANCTIONS What makes this an unlawful use of force is that,U.S is completely
disregarding the sovereignty of Zimbabwe and imposing these
sanctions from the Rhodesian viewpoint,that is, it is still under
British rule. However some may argue that indeed Zimbabwe is in
dire need of reforms and a change in its choice of governance.
  Collective Intervention is when a state helps defend another state
that is being attacked by a different state
 It is prohibited in the UN charter under the issue of Use of Force to
intervene into issues disregarding an independent state that is a
COLLECTIVE member of the UN.
INTERVENTIO  An instance is when Hitler invaded Poland in September 1939
driving Great Britain and France to declare war on Germany which
N marked the beginning of WORLD WAR II.
 Some scholars may choose to argue that if Great Britain and
Poland had not intervened a solution would have been found and
war would not have been waged for 6 years.
GROUP 7  THANK YOU!!!!!!!!!!!!!