International Law and the Use of Force (Foundations of Public International Law)

This book explores the whole of 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 growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of __International Law and the Use of Force__ the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defense in the 'war on terror'? Is there now a wide right of pre-emptive self-defense against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defense and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defense. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty. 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Invitation and intervention: civil wars and the use of force 86 Recent application of the law on intervention in civil wars: Africa after the Cold War 87 The Nicaragua case 94 Armed activities on the territory of the Congo (DRC v Uganda) 97 The right of a government to invite outside intervention 99 Classification of conflicts 101 Invitation by governments in practice 103 Intervention and protection of nationals 107 Intervention in response to prior foreign intervention 111 Chad 1975–1993 115 The identification of the government entitled to invite intervention 117 Forcible intervention to assist the opposition 124 Intervention and counter-intervention in Angola and Mozambique 126 The end of the Cold War and the start of the ‘War on Terror’ 129 4. Self-defence 133 Introduction 133 The academic debate 136 The role of the Security Council 138 The duty to report to the Security Council 140 Self-defence as a temporary right 143 Security Council measures and self-defence 145 The scope of self-defence 147 Armed attack 147 Necessity and proportionality 167 Protection of nationals 175 Anticipatory self-defence before the ‘Bush doctrine’ 179 Conclusion 184 5. Collective self-defence 186 The Nicaragua case 190 The meaning of armed attack 192 The actions of armed bands and irregular forces 192 The supply of arms 194 Frontier incidents 196 The distinction between armed attack and frontier incident in the Nicaragua case 197 Criticism of the distinction between armed attack and frontier incident 198 Arguments for the distinction between armed attack and frontier incident 199 The distinction and the Definition of Aggression 201 Other limits on the right of collective self-defence 203 Third state interest? 206 The duty to report to the Security Council under Article 51 207 Conclusion 208 6. The use of force against terrorism: a new war for a new century? 212 Previous practice 214 The impact of 9/11 217 The concept of armed attack after 9/11 218 Necessity and proportionality 222 Pre-emptive self-defence 227 How far has Operation Enduring Freedom been a turning point in the law on the use of force? 227 The Bush doctrine of pre-emptive self-defence 228 Iraq and pre-emptive self-defence 235 Allegations of links between Al Qaida and Saddam Hussein 236 Pre-emptive self-defence against the threat of Iraq’s weapons of mass destruction 237 The next steps: North Korea and Iran 241 Terrorist attacks after 9/11 and the international response 246 Intervention after Operation Enduring Freedom 247 Regime change 250 The ‘War on Terror’ extends 253 Israel, Syria and Lebanon 2001–2006 253 Israel/Lebanon 2006 256 Ethiopa/Somalia 2006 263 Conclusion 271 7. The UN and the use of force 273 The UN in the Cold War 274 Chapter VII action 274 The division of powers between the Security Council and the General Assembly 278 Peacekeeping during the Cold War 280 A New Legal Order? Chapter VII after the Cold War 283 Article 41: transformation 285 Peacekeeping after the Cold War 291 The end of Cold War conflicts 293 The start of new conflicts 297 Peacekeeping and enforcement action in Yugoslavia and Somalia: the blurring of traditional distinctions 300 The extension of peacekeeping 300 Contemporaneous peacekeeping and enforcement operations 308 Rwanda 311 The relation of UN peacekeeping and Chapter VII 313 Consent to peacekeeping 317 The use of force by peacekeeping operations 321 Reform of UN peacekeeping 325 The Brahimi Report and its implementation 326 Sierra Leone and the DRC 331 Recent peacekeeping operations 338 Peace Operations 2010 342 Conclusion 345 8. Security Council authorization for memberstates to use force 346 Express authorization 346 Member state operations in Africa (2003–2007) 353 Europe in Africa 359 Kosovo 360 Afghanistan 362 Implied (or revived) authorization to use force 367 Iraq 1991–2002 367 The 1999 Kosovo operation 370 Operation Iraqi Freedom (2003) 373 Conclusion 385 9. Regional peacekeeping and enforcement action 389 Introduction 389 Cooperation between the UN and regional organizations 391 The UN and the AU 395 The AU in Somalia: AMISOM 397 The AU in Darfur: AMIS 399 Joint operations 401 ‘Regional arrangements and agencies’ 402 The constitutional bases for regional peacekeeping 406 ECOWAS action in Liberia 411 ECOWAS action in Sierra Leone 414 The legality of regional action in terms of the UN Charter and general international law 415 ECOWAS action in Liberia (1990–97) 419 The former USSR 426 ECOWAS action in Sierra Leone 430 A reinterpretation of Article 53 of the UN Charter? 436 A regional right to use force to restore democratic government? 437 Security Council authorization of use of force by regional organizations 442 Conclusion 445 Index 448 A 448 B 451 C 452 D 455 E 456 F 457 G 457 H 458 I 458 J 460 K 460 L 461 M 462 N 462 O 464 P 465 R 466 S 467 T 471 U 472 V 473 W 474 Y 474 Z 474
This book explores the whole of 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 growing importance of regional organizations in the maintenance of international peace and security.

Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defense in the 'war on terror'? Is there now a wide right of pre-emptive self-defense against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defense and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defense. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

This book explores the whole of 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 growing importance of regional organizations in the maintenance of international peace and security.

Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defense in the 'war on terror'? Is there now a wide right of pre-emptive self-defense against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defense and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defense. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

"This book explores the whole of 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 growing importance of regional organizations in the maintenance of international peace and security."--Résumé de l'éditeur "This volume covers the whole of 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 and regional organizations in the maintenance of international peace and security."--BOOK JACKET. This text explores the large and controversial subject of the use of force in international law, including use of force by States, the role of the UN, and the role of regional organizations in the maintenance of international peace and security.