The Use of Force in UN Peace Operations

The Use of Force in UN Peace Operations
Author: Trevor Findlay
Publisher: Oxford University Press on Demand
Total Pages: 486
Release: 2002
Genre: Law
ISBN: 9780198292821

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One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

War, Aggression and Self-Defence

War, Aggression and Self-Defence
Author: Yoram Dinstein
Publisher: Cambridge University Press
Total Pages: 409
Release: 2011-10-20
Genre: Law
ISBN: 1139503170

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Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Necessity, Proportionality and the Use of Force by States

Necessity, Proportionality and the Use of Force by States
Author: Judith Gardam
Publisher: Cambridge University Press
Total Pages: 288
Release: 2004-11-18
Genre: Law
ISBN: 1139456172

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There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

International Law and the Use of Force

International Law and the Use of Force
Author: Christine Gray
Publisher: Oxford University Press
Total Pages: 541
Release: 2018-02-08
Genre: Law
ISBN: 0192536443

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This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Contingent Pacifism

Contingent Pacifism
Author: Larry May
Publisher: Cambridge University Press
Total Pages: 283
Release: 2015-08-27
Genre: Language Arts & Disciplines
ISBN: 1107121868

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The first major philosophical treatment of contingent pacifism, offering an account of pacifism from the just war tradition.

The Oxford Handbook of the Use of Force in International Law

The Oxford Handbook of the Use of Force in International Law
Author: Marc Weller
Publisher: OUP Oxford
Total Pages: 1377
Release: 2015-01-15
Genre: Law
ISBN: 0191653918

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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Global Governance and the Emergence of Global Institutions for the 21st Century

Global Governance and the Emergence of Global Institutions for the 21st Century
Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
Total Pages: 561
Release: 2020-01-23
Genre: Law
ISBN: 1108476961

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Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

The Responsibility to Protect

The Responsibility to Protect
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
Total Pages: 432
Release: 2001
Genre: Law
ISBN: 9780889369634

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Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

The Regulation of International Coercion

The Regulation of International Coercion
Author: James P. Terry
Publisher: U.S. Government Printing Office
Total Pages: 160
Release: 2005
Genre: History
ISBN:

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The most significant discourse about serious threats to U.S. national security in the twenty-first century will likely concern the military capabilities and intentions of nonstate actors, acting either for themselves, for religious elites, or as surrogates for state sponsors. This preoccupation results not from any inordinate fear of "terrorism" but from a recognition of objective military and political realities. While prior to 1991 only the Soviet Union possessed the capacity to inflict catastrophic military destruction on the United States, today that threat is vested in terrorist cells and religious sects that seek to destroy the fabric of the United States through unconventional military and paramilitary means. The terrorist attacks of 11 September 2001 bear this out. During the Cold War, the major threat to the United States was clearly the fear of miscalculation by the Soviets. Today, that threat has been recharacterized in terms of deliberate aggression against the United States by nontraditional actors willing to take suicidal risks to inflict premeditated, brutal savagery on innocent civilians in a manner designed to force not so much regime change directly as policy changes that affect regime change. Commitment to national security is only as valid as the policies and plans, military, economic, and political, that shape the areas and people from which these threats originate. The problem always has been to determine which policies, and how applied, make the greatest contribution to countering the threat--a threat now represented by social and religious systems that foster or at least condone aggressive response to differing religious and social values. This has never been more true than in Afghanistan and in Iraq. Security, then, means more than simply protecting the land on which we live; it embraces a comprehensive understanding of the appropriate response to human aspirations for improved conditions of life, for equality of opportunity, and for justice and freedom. Where these interests are thwarted for peoples or groups within a particular state or region by armed protagonists representing narrow, restrictive interests, our response must be one measured by the effective institutionalization of order. This monograph first examines the relationship between law and the use of force, to include a review of the principles of legal justification, the legal criteria for self-defense, and the policy of deterrence followed by the United States. It then examines the characteristic differences between the interpretive approaches taken by national and nonnational entities in their respective claims and counterclaims during international crises. Chapter 2, which concludes Part I, is focused on the historical aspects of the minimum world order system, which today comprises the prohibition against the use of force by one state against another embodied in Article 2, paragraph 4, of the United Nations Charter, with the exception inherent in customary international law and in Article 51 of the Charter that every state is authorized to use force in self-defense. A review of the pre-Charter system focuses on the development of the nation-state and the threads of international law development leading to multilateral agreements vice solely bilateral accords. The period following World War I, with the emergence of the League of Nations, is examined for its significance as an important source of the Charter of the United Nations. The structuring of the Charter is then addressed in terms of the concept of aggression and lawful response to aggression. Chapter 2 concludes with a review of the law of self-defense as defined first under customary international law and then under the UN Charter. Part II addresses lesser conflicts. Chapter 3 addresses instances where intervention is authorized in defense of humanitarian values defined in the UN Charter. The recent humanitarian interventions in the Congo and in Kosovo provide examples of authorized humanitarian initiatives. Chapter 4 examines the American intervention in Panama in 1989 as we intervened both to protect our interests under the Panama Canal Treaty and to ensure the safety of U.S. nationals present in Panama pursuant to that agreement. Chapter 5 reviews those conflicts in which terrorist violence by individuals, groups of individuals, and state-supported terrorist elements create a right to respond through military force by the target state. The attacks by Iranian militants in 1979 and by al-Qa'ida in 2001 spearhead the discussion of lawful response to terrorist violence. Chapter 5 argues that an effective counterterrorism strategy must ensure that enforcement measures are not legally constrained and that people responsible for terrorist acts are consistently held accountable by regional and international organizations. This expanding body of international law, when coupled with increasingly effective national legislation, appears to be arming the victims of terrorism with some of the legal instruments necessary to combat the threat. This chapter concludes that governmental response to state-supported terror violence, where the elements of necessity and proportionality are met, is clearly supported by customary international law and the UN Charter. Part III, consisting of chapters 6 and 7, addresses examples of major conflict. These are conflicts that have involved aggression by one or more nation-states against another nation-state, as opposed to the intervention by nations or coalitions of nations in response to either humanitarian crises or terrorist violence. In these major conflicts, the sovereignty of a nation is normally in dispute.While not necessarily exhibiting greater destructiveness than "lesser" conflicts, the more traditional international conflicts addressed in Part III invoke the law-of-war principles reflected in the Hague Conventions of 1899 and 1907 and the Geneva Conventions of 1949. Chapter 6 examines the coalition response to Iraqi aggression in 1990-91 during Operation DESERT STORM. It contrasts the illegality of the actions of the Iraqi regime of Saddam Hussein with the responses of the coalition led by the United States, which succeeded in liberating Kuwait and returning its borders to the status quo ante. The chapter begins with a discussion of Iraq's invasion of Kuwait and the response of the United Nations, leading up to the decision to use force. It then examines the conduct of armed hostilities by both sides during the war. The chapter concludes with observations on the role of law in the successes and failures of the postwar enforcement regime in Iraq. Chapter 7, Operation IRAQI FREEDOM, examines the Bush administration's decision to invade Iraq in March 2003 and enforce a long series of UN Security Council resolutions addressing Iraqi threats to international peace and security. This chapter examines these Iraqi violations in the context of international law principles justifying intervention.More significantly, it examines the right of states to enforce mandates issued by the Security Council and to redress violations of its edicts when the Council, as a body, refuses to do so. Part IV addresses U.S. policy for peace operations. The United States has voted to support the United Nations and NATO in providing multilateral forces to restore international peace and security. The United Nations was involved in both Chapter VI (peacekeeping) and Chapter VII (peace enforcement) operations in the 1990s, with limited success. Chapter 8, "Development of Criteria for Peace Operations," looks at the limitations inherent in UN leadership of such operations, citing the UN failures in Somalia and Bosnia. The success of NATO as the leadership element in Kosovo in 1998 was significant and may foreshadow a new era for the role of regional organizations (discussed in chapter 9) under Chapter VIII of the UN Charter. Part V concerns itself with special areas of legal concern that warrant consideration with regard to legal justification for military response to international coercion. This part, "Challenges for the Twenty-first Century," addresses the right of states to respond to threats to, and attacks on, critical infrastructure. Chapter 10 examines what rights, if any, in self-defense are triggered by attacks on infrastructure systems critical to our national political and economic integrity. Chapter 11, concerning computer network attack, takes this one step farther and examines the authority that international law provides to nations wishing to protect these systems aggressively, through preemptive defense. Chapter 11 carefully analyzes the right to target computer networks of nations that have expressed "clear indicators of attack." Finally, recommendations are offered to enhance the ability of the international legal system to support and embrace, strongly and legally, computer-generated data-warfare responses to such aggression. This Newport Paper examines representative instances where force has recently been used in international relations, the circumstances under which it was used, the instructive international policy and legal constructs that can be applied, and the relationship of these policies to the minimum world order system established in Articles 2(4) and 51 of the United Nations Charter. That system, defined more fully in the pages that follow, provides a complementary structure that prohibits and counters the unlawful, aggressive use of force, on the one hand, and permits national and collective self-defense, on the other, in a manner designed to meet both the traditional threats represented during the Cold War and the nontraditional threats we have seen recently and can expect in the future.