Public International Law Lecture 6
Peace and security
Peace and security
- Law on the use of force (ius ad bellum)
- International humanitarian law (ius in bello)
Use of force
- Before 1945 (founding of the United Nations, Charter was signed or ratified after the
end of the Second World War)
o Just war theory
o League of Nations 1919: provides for a cooling-off period, if the other State
didn’t cool-off, the Covenant of the League of Nations provided for a
provision that you could attack the other State and so begin a war if the other
State didn’t cool-off within three months. Kind of failed, because the US were
never a member, just as some other countries.
o Kellogg-Briand Pact 1928: there is a prohibition of force, but no prohibition to
the threat of force. This was a lawful method. The Pact only talks about war,
not about conflicts, so if you would start a war you could just call it a conflict
and it was okay.
- UN Charter
o Prohibition of the use of force (art. 2.4): States are not supposed to use force
against other States.
o Collective security: Chapter VII UN Charter
o Right to self-defence: article 51 UN Charter -> you can use your self-defence if
there is an armed attack. In the Nicaragua Case, the ICJ gave a definition for
armed attack: an armed attack is a qualified form of a use of force. An armed
attack is a serious form of the use of force.
What is use of force?
YES: NO:
- All forms of interstate force - use of force within a state
- Including threats to use force - political and economic pressure
o Advisory opinion on nuclear weapons
Collective security system
- Security Council
- Measures under Chapter VI Charter
- Measures under Chapter VII Charter: final decision of the Security Council:
authorization to use force -> all things necessary. Consent is not needed; the Security
Council can authorize to attack a State that doesn’t want to be attacked. It can also
provide economic sanctions. Article 39 is not referred to explicitly, but you can see
that as done. Article 43 is also an important article; it refers to the troops of the UN.
There is no UN army, the army is formed by people of countries that are able and
Peace and security
Peace and security
- Law on the use of force (ius ad bellum)
- International humanitarian law (ius in bello)
Use of force
- Before 1945 (founding of the United Nations, Charter was signed or ratified after the
end of the Second World War)
o Just war theory
o League of Nations 1919: provides for a cooling-off period, if the other State
didn’t cool-off, the Covenant of the League of Nations provided for a
provision that you could attack the other State and so begin a war if the other
State didn’t cool-off within three months. Kind of failed, because the US were
never a member, just as some other countries.
o Kellogg-Briand Pact 1928: there is a prohibition of force, but no prohibition to
the threat of force. This was a lawful method. The Pact only talks about war,
not about conflicts, so if you would start a war you could just call it a conflict
and it was okay.
- UN Charter
o Prohibition of the use of force (art. 2.4): States are not supposed to use force
against other States.
o Collective security: Chapter VII UN Charter
o Right to self-defence: article 51 UN Charter -> you can use your self-defence if
there is an armed attack. In the Nicaragua Case, the ICJ gave a definition for
armed attack: an armed attack is a qualified form of a use of force. An armed
attack is a serious form of the use of force.
What is use of force?
YES: NO:
- All forms of interstate force - use of force within a state
- Including threats to use force - political and economic pressure
o Advisory opinion on nuclear weapons
Collective security system
- Security Council
- Measures under Chapter VI Charter
- Measures under Chapter VII Charter: final decision of the Security Council:
authorization to use force -> all things necessary. Consent is not needed; the Security
Council can authorize to attack a State that doesn’t want to be attacked. It can also
provide economic sanctions. Article 39 is not referred to explicitly, but you can see
that as done. Article 43 is also an important article; it refers to the troops of the UN.
There is no UN army, the army is formed by people of countries that are able and
