Use of Force

Subtitle

IR303 – International Law

Tuğba BAYAR
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• Domestic systems  have

• International law  reliance = consent,

consensus, reciprocity, good faith.
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The UN Charter
• §2(4)
All Members shall refrain in their
international relations from the threat or
use of force against the territorial
integrity or political independence of
any state, or in any other manner
inconsistent with the Purposes of the
United Nations.
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The UN Charter prohibts both the USE

of force as well as THREATs of use of
force.
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1970 Declaration on Principles of

Intl’l Law (analyzed 2(4))
1. Act of aggression = crime against peace
2. States must not threaten or use force to violate
existing int’l lines or to solve probs.
3. States must avoid acts of reprisal (=misilleme)
involving use of force.
4. States must not use force to deprive right to self-
determination and independence.
5. Refrain from organising, assisting, instigating or
participating acts of terror in other states .
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According to 1970 Declaration:

• it is a duty of states to refrain from
military, political, economic or any other
form of coercion aimed against the
political independence or territorial
integrity of any state.
• The self-defence right can be used.
• Proportionality is an important element.
• In particular in relate to the damage that
is or might be caused.
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Force
• The FORCE mentioned in the §2(4) is not
only armed force.
• It can be, for instance political or
economic force. Boycotts, Embargoes
against particular states.
• Armed force can be used to deal with the
right to self-defence.
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Categories of force
• Retorsion: (Misilleme, karşılık): reactions which do
not interfere with the target state’s rights under
international law.
- unfriendly, harmful but legal and legitimate.
- Method of showing displeasure.
- a State retaliates by using its natural freedom of
international action persisting in the absence of a
provable prohibition in international law
- Severing diplomatic ties, restrictive control of
aliens.
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• Repraisals: (Kısas)
- Military raid during peacetime.
- Violation of international law to punish
another sovereign state that has already
broken them.
- The act of punishing another for some injury
the latter caused.
- illegal
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• The right of self-defense:

- Victim.
- a necessity, immediate, overwhelming,
leaving no choice.
- Protected by the un Charter §51 (nothing in
the charter shall impair the inherent right of
individuall or collective self-defence.)
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UN Charter Article 51
• Nothing in the present Charter shall impair the inherent
right of individual or collective self-defense 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.
Measures taken by Members in the exercise of this right
of self-defense shall be immediately reported to the
Security Council and shall not in any way affect the
authority and responsibility of the Security Council
under the present Charter to take at any time such
action as it deems necessary in order to maintain or
restore international peace and security.
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UNSC
• Deals with grave human rights violations, often in conflict
areas.
• the UN Charter gives the Security Council the authority to
investigate and mediate, dispatch a mission, appoint
special envoys, or request the Secretary-General to use
his good offices.
• Security Council may issue a ceasefire directive, dispatch
military observers or a peacekeeping force.
• If this does not work, the Security Council can opt for
enforcement measures, such as economic sanctions,
arms embargos, financial penalties and restrictions, travel
bans, the severance of diplomatic relations, a blockade, or
even collective military action.
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UNSC
• International peace and security
• Prohibited involvement in matters essentially
within the domestic juristiction of the states.
• In the absence of a threat to int’l peace and
security the SC has no authority at all.
• Interpretation of «threats against int’l peace
and security» : By each SC resolution.
• 9/11 changed a lot. Terror – terrorists –
errors and unfairness – harmed individuals
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• Aircraft attack – radar of antimissile

system locked-on
• Is Preemption = self defence?
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Terror
• No internationally agreed definiton.
• Only terrorist activities are defined.
• Reason  political approach (One man’s
freedom fighter is another’s terrorist.)
• The lack of definition = lack of int’l law to
deal with the terror problem.
• There is no world court of terrorists etc.
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Humanitarian Intervention
• Definition: a state's use of military force against
another state, with publicly stating its goal is to
end human rights violations in that state.
• Unilateral.
• Without the authorization of the UNSC.
• Refers only to military force.
• Can shelter unacceptable geopolitical goals.
• Legally not structures.
• Its legality & legitimacy are questionable.
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Responsibility to Protect (R2P)

• Legally structured.
• Addresses 4 HR violations: i)genocide, ii)ethnic
cleansing, iii)war crimes, iv) crimes against
humanity.
• Endorsed by the UNSC.
• Military intervantion  as a last remedy. Before
that diplomatic, political, economic sanctions are
implemented.
• Still legitimacy questions.
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The protection of nationals

abroad
= meaning the state is under attack, not the
individuals