Introduction to the
International Legal System
and Regulation of
the Use of Force
Peace of
Westphalia
Palais des
Nations,
Geneva
Peace Palace,
The Hague
United Nations
Headquarters,
New York
United Nations:
International Law defines the legal responsibilities of States in
their conduct with each other, and their treatment of individuals
within State boundaries. Its domain encompasses a wide range
of issues of international concern such as human rights,
disarmament, international crime, refugees, migration, problems
of nationality, the treatment of prisoners, the use of force, and
the conduct of war, among others. It also regulates the global
commons, such as the environment, sustainable development,
international waters, outer space, global communications and
world trade.
But note -- missing: relations between States and International
Organizations, and between International Organizations inter se
From: http://www.un.org/en/globalissues/internationallaw/
Prohibition on the Use of Force
Article 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.
Exceptions
Consent
Security Council Authorisation: UN Chapter VII (Articles 3942 esp)
Self-defence (Article 51)
Nothing in the present Charter shall impair the inherent right of individual or
collective self-defence 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-defence 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.
Controversial issues
Armed attack
Timing (occurs)
Non-state actors (ie terrorists)
Necessity
Proportionality
Other justifications?
Protection of foreign nationals?
Humanitarian intervention?
Responsibility to protect?