INTERNATIONAL LAW

THE USE OF FORCE

THE PROHIBITION OF FORCE: Art 2

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

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.

PERMISSIBLE USE OF FORCE

United Nations authorisation under Chapter VII of the UN Charter– Articles 39-42– Enforcement Acton under Art. 53

Self defence under customary int. law and under Art. 51 of the Charter– Individual– Collective

THE SECURITY COUNCIL AND THE AUTHORISED USE OF FORCE Chapter VII

– Art.39: The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

– Art.40: a call on parties to maintain peace– Art. 41: measures not involving the use of force– Art. 42: …such action by air, sea, or land forces as may

be necessary to maintain or restore international peace and security.

THE UN AND THE USE OF FORCE IN THE GULF WAR

                              

THE SECURITY COUNCIL AND THE GULF WAR 1990-91

In all the Security Council passed 12 resolutions on the Gulf situation:– S/RES/660 (1990) - 2 August 1990 (Art.39)

Determined that a breach of international peace and security had taken place (i.e., that it was a legitimate issue for the Security Council); condemned the Iraqi invasion; demanded its withdrawal from Kuwait; and called upon Iraq and Kuwait to negotiate

SECURITY COUNCIL RESOLUTIONS

S/RES/661 (1990) - 6 August 1990Determined that Iraq had not complied with Resolution 660; – affirmed the right of individual or collective self-

defence; under UN Charter Chapter 7 – called upon all states to impose strict economic

sanctions on Iraq until it complied with 660….

SECURITY COUNCIL RESOLUTIONS

. S/RES/665 (1990) - 25 August 1990

(Art. 42 limited use of force) Called upon states deploying maritime forces to use such measures as may be necessary to halt all maritime shipping in order to inspect cargo and ensure strict implementation of Resolution 661

SECURITY COUNCIL RESOLUTIONS

S/RES/670 (1990) - 25 September 1990Extended maritime embargo to air traffic by "taking such measures as may be necessary, consistent with international law,

SECURITY COUNCIL RESOLUTIONS

S/RES/678 (1990) - 29 November 1990(Art. 42 use of force) Demands Iraq comply with UNSCR 660 and gives it one final "pause of goodwill";

authorizes states cooperating in multinational coalition in the Gulf to "use all necessary means to uphold and implement Resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area.

THE WAR

THE SECOND GULF WAR: THE INVASION OF IRAQ

THE SECURITY COUNCIL RESOLUTIONS

Res. 687,04/91 Declares effective a formal cease-fire and establishes the UN Special Commission on weapons (Unscom),

Res.707:15/08/91:Condemns Iraq's non-compliance on weapons inspections as a "material breach" of Resolution 687

Res. 115: 06/97: Condemns the repeated refusal of the Iraqi authorities to allow access to sites" and "[d]emands that [they] cooperate fully" with Unscom

1194: 09/98:Condemns the decision by Iraq ... to suspend cooperation with [Unscom] and the IAEA", demands that the decisions be reversed and cancels October 1998 scheduled sanctions review.

RESOLUTION 1441

11/ 2002: US and UK sponsor Res. 1441:– The resolution recalls previous UNSC resolutions

– Recalls that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area;

UNSC Res.1441

Decides:– that Iraq has been and remains in material breach of its

obligations under relevant resolutions, including resolution 687 (1991),

– by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council;

ARTILCE 51: SELF-DEFENCE

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.

SEPTEMBER 11 AND INTERNATIONAL LAW

INTERNATIONAL LAW AND THE ATTACK ON THE US

Article 51 of the United Nations Charter permits individual and collective self defense when an armed attack occurs

Article 5 of the NATO Agreement: The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all

THE RIGHTS OF THE US

God Almighty hit the United States at its most vulnerable spot. He destroyed its greatest buildings.Praise be to God.Here is the United States. It was filled with terror from its north to its south and from its east to its west.Praise be to God.(Osama Bin Laden Sunday, 7 October 2001)

THE RIGHTS OF THE US

On my orders, the United States military has begun strikes against al Qaeda terrorist training camps and military installations of the Taliban regime in Afghanistan.This military action is a part of our campaign against terrorism, another front in a war that has already been joined through diplomacyToday we focus on Afghanistan, but the battle is broader.

(George W Bush 7 October 2001)