Political Science 316, Exam 3
What are government responsible for concerning IHL?
Conventions and the Protocol require governments to: enact any legislation necessary to punish anyone committing or ordering the commission of any of the grave breaches search for such persons including those resulting from a failure to act when under a duty to do so. grave breaches come under the criminal jurisdiction of all Parties to the Conventions. also possible for the offender to be brought before an international regional tribunal, if such a tribunal has been set up, and the ICC
What is anticipatory self-defense (1962)?
"Anticipatory self-defense justifies using force in anticipation of an imminent armed attack. Under this concept, a State is not required to absorb the first hit before it can resort to the use of force in self-defense to repel an imminent attack." the defensive state reports its measures to the SC, and immediately turns over to the SC (ideally) all security countermeasures
UN Charter, Articles 51 and 52
"If an armed attack occurs..."; "Nothing in the present Charter shall impair he inherent right of individuals or collective self-defense if an armed attack against a Member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security" generated two separable themes of necessity based on the Article and the UN Charter itself can go to war in instances of collective or self defense, but otherwise renounce and refrain from the use of force member states can use force when exercising their right to self-defense according to Article 51, but only in the event of an "armed attack" and "until the Security Council has taken measures necessary to maintain international peace and security" otherwise, U.N. Charter, Article 2(4) applies Article 51: Nothing in the present Charter shall impair the inherent right of individual or collective self-defense 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-defense 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.
ICC derivation from the Nuremberg Trials
"The principles of international law, which under certain circumstances protects representatives of states, cannot be applied to acts which are condemned as criminal by international law. The authors of those acts cannot shelter themselves behind their official positions to be freed from punishment." this was the particular issue at stake with France, for example, who believes that the waiver or immunity for heads of states overlooks the particular responsibility of State officials
United Nations
"dictatorship within a democracy"
Who are the ICC judges?
"persons of high moral character, impartiality and integrity" who possess the qualifications required in their respective States for appointment to the highest judicial offices are elected by the Assembly of States Parties on the basis of their established competence in criminal law and procedure and in relevant areas of international law such as international humanitarian law and the law of human rights. They have extensive expertise on specific issues, such as violence against women or children
jus ad bellum
"right to war" is a set of criteria that are to be consulted before engaging in war in order to determine whether entering into war is permissible, that is, whether it is a just war
Responsibility to Protect
"the idea that sovereign states have a responsibility to protect their own citizens from avoidable catastrophe--from mass murder and rape, from starvation--but that when they are unwilling or unable to do so, that responsibility must be borne by the broader community of states"
International Criminal Court (ICC) (1998/2002)
"to change the pattern of immunity" court of last resort to fight impunity, autonomous Court's jurisdiction is limited to event taking place since July 1, 2002 prior to the ICC, U.N. Security Council established an ad hoc tribunal for each situation (i.e. Rwanda and Yugoslavia) Nuremberg Trials were the foundation of the idea of an international court military members or superior can be brought to justice by the ICC and just because one is a head of State does not mean automatic immunity wanted judges who would not rule on the basis of national interest, but international interest (impartiality) governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community Court will have jurisdiction only over crimes of aggression committed one year after thirty State Parties ratify or accept the amendments of the Rome Statute in relation with the crime of aggression, adopted by the Assembly of States Parties in June 2010 ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system genocide, crimes against humanity and war crimes, and the crime of aggression when time comes since the ICC's creation in 2002, it has been expected to include crimes of sexual violence in the cases it prosecutes under the court's founding Rome Statute, sexual slavery, enforced prostitution, forced pregnancy and enforced sterilization were set out as prosecutable offences for the first time under international law in 2014, the Prosecutor restated that commitment, even though 12 years into its operations, the court had yet to convict anyone of rape or other gender-based crimes inclusion of crimes of sexual and gender violence, protection and redress for victims of conflict, and attention to children in war are results of the jurisprudence of the the ad hoc tribunals and testimony to the concerted efforts of human rights organizations
requirements to be a combatant
1. commanded by a person responsible for subordinates 2. having a fixed distinctive sign recognizable at a distance 3. carrying arms openly 4. conducting their operations in accordance with laws and customs of war
1951 Refugee Convention
Article 1 A. For the purposes of the present Convention, the term 'refugee' shall apply to any person who: "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable, or owing to such fear, is unwilling to return to it. Who is the Agent of Persecution? A person or organization — governments, rebels or other groups — which force people to flee their homes.
Kellogg-Briand Pact, Arts. 1 and 2
Article 1: condemns recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another Article 2: settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means
just war theory
Christian interpretation of war--put restrictions on war the prohibition o shedding of innocent blood and against slaughter is found in both of these works (i.e. Bible and Koran) Global War on Terror (GWOT) is considered a just war President Bush talked about the war in Afghanistan as being a crusade
The Interwar Period
Covenant of the League of Nations contracted parties of an obligation not to resort to war covenant did not totally outlaw war member states could still go to war under Articles 12, 13, 15(7), and 17
influences on 19th century codes of war
Henry Dunant (battle of Solerfino)-Swiss businessman Henry Dunant passed through Solerfino in Italy where a bloody battle had been fought between the French and Italians on the one side, and the Austrians on the other; founder of the Red Cross Guillaume- Henri Dufour who in 1847 ordered his soldiers to protect the wounded and enemy soldiers; Swiss army officer
What is preemptive self-defense (2002)?
In the Letter to the UN, from the United States (2001, October 7), the justification was based on Article 51: and what the US referred to as the "inherent right of individual and collective self defense following armed attacks that were carried out against the United States on 11 September 2001" issues: US did not purport to be protecting itself from either country it was/would be bombing (first Afghanistan, then Iraq in 2003) US congress did not declare war, but the US president repeatedly stated it was at war (Authorization to use Military Force) there was no claim that 'Afghanistan' and, then, Iraq incurred state responsibility for the attacks two resolutions passed by the United Nations giving some recognition to the US military response to its efforts in Afghanistan: but, simultaneously, referring to the right of collective self-defense in accordance with the Charter of the United Nations made a unilateral claim to the right of preemptive self defense: not simply anticipatory (which talks about an imminent threat)
Common Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed 'hors de combat' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. The following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for.
International Humanitarian Law
International human rights law and humanitarian law impose clear obligations on States and, during war, all parties to non-international conflicts for the treatment and protection of all persons in their custody detainees must be treated humanely and protected from violence or life-threatening conditions, including from any form of torture or ill treatment--medical care and sufficient food are to be provided humanitarian aid and supplies are to be provided
ICC and sexual violence
March 1, 2016, was a historic day for the International Criminal Court (ICC) Trial Chamber III unanimously convicted Jean-Pierre Bemba Gombo (Bemba) for his responsibility as commander-in-chief for crimes of murder, pillage, and rape committed by soldiers under his effective authority and control in the Central African Republic in 2002-2003 this makes Bemba not only the first person to be convicted by the ICC for crimes committed by troops under his command, but the first person to be convicted of sexual violence
American Service Members Act (2002)
President is authorized to facilitate the release of any US serviceperson who is being detained by or on behalf of the ICC law authorizes the use of military force to liberate any American or citizen of a U.S.-allied country being held by the court, which is located in The Hague this provision, dubbed the "Hague invasion clause," has caused a strong reaction from U.S. allies around the world, particularly in the Netherlands in addition, the law provides for the withdrawal of U.S. military assistance from countries ratifying the ICC treaty restricts U.S. participation in United Nations peacekeeping unless the United States obtains immunity from prosecution at the same time, these provisions can be waived by the president on "national interest" grounds
Security Council Resolution 1267
Resolution 1267: demanded that Taliban cease its activities in support of international terrorism; demanded the extradition of Osama bin Laden to the appropriate authorities to bring him to trial for the bombings of two U.S. embassies in Africa in Aug. 1998--to enforce, Security Council imposed a flight ban on any aircraft "owned, leased or operated by or on behalf of the Taliban," and put a freeze on all financial resources controlled by the organization announced the establishment of a Sanctions Monitoring Committee
U.N. Charter, Article 40
Security Council can call for provisional measures (i.e. calling for withdrawal of troops or suspension of hostilities)
U.N. Charter, Article 24
Security Council is mandated to "ensure prompt and effective action with respect to the maintenance of international peace and security in accordance with the Purposes and Principles of the U.N.
1864 Diplomatic Conference
Swiss government convened included 16 States adopted the Geneva Convention standing written rules of universal scope to protect the victims of conflicts multilateral obligation to extend care without discrimination to wounded and sick military personnel respect for and marking of medical personnel, transports and equipment using an emblem its ideas derived from Henry Dunant
Internatonal Convention for the Protection of all Persons from Enforced Disappearance
Syria HAS NOT signed and/or ratified Syria is NOT a member of the ICC Trump has no authority to attack Syria under international law, and the attack could not be justified as a humanitarian intervention he did not have authority under domestic law either
chemical weapons and traditional weapons
UN concluded in 2016 that Syrian government forces used chemicals in an attack in Idlib in March 2015, and in attacks in 2013 ISIS had used sulfur mustard gas in an attack on areas held by armed opposition groups in August 2015 chlorine, mustard, and sarin What laws do these violate? Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (Geneva Protocol) Chemical Weapons Convention Convention on Cluster Munitions International Humanitarian Law
Supreme Court Case 1: Hamdi v. Rumsfeld (2004)
Yaser Hamdi, an American citizen, was arrested in Afghanistan and transferred to Virginia he was detained indefinitely without trial or access to an attorney and his father brought suit. government argued that the executive branch had to be allowed to detain in wartime. The Fourth Circuit ruled for the government Supreme Court reversed. a majority of the Court recognized that the President is authorized to detain persons captured while fighting U.S. forces in Afghanistan (including U.S. citizens), and potentially hold such persons for the duration of the conflict to prevent their return to hostilities but, enemy combatants have the right to seek review by a neutral decision-maker
ICC and African bias
a charge of racial bias against the ICC is indeed true, yet it is not brought up because of race; rather it is a political move to ensure leaders in Africa escape from the purview of the ICC
What is peace?
absence of war; absence of conflict; absence of armed forces; absence of overwhelming force to overpower
Nine-Power Treaty of 1922
affirmed the sovereignty and territorial integrity of China, in which Japan violated in 1937 when they invaded Manchuria
jus in bello
aka international humanitarian law is the law that governs the way in which warfare is conducted
POWs
although they are entitled to engage in combat, they must comply with the laws of war may be prosecuted for pre-capture offenses only if his actions: rise to the level of a "war crime" or "crime against humanity"; or, are unrelated to the state of hostilities
When is IHL applied and to whom?
applicable in case of declared war any other armed conflict arising between two or more of the Parties to the Conventions also cover armed conflicts in which people are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination cases not covered by the Conventions, the Protocol or other international agreements, or in the case of denunciation of these agreements civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience
U.N. Charter, Article 42
authorize the use of force: (1) to avert aggression (i.e. Irag v. Kuwait, 1990); (2) to give authority to Peacekeeping forces to use force (i.e. in Somalia, 1993); (3) assisting to maintain a government (i.e. Afghan Interim Authority, 2000) gives the Security Council the authority to take action by air, sea, or land forces as may be necessary to maintain or restore international peace and security Security Council has authorized military force to reverse or repeal aggression by one state against another (in context of the 1950 Korean War and aggression of Iraq against Kuwait in 1990) since 1990, the Security Council has increasingly authorized the use of force under Ch. VII of the Charter--in different circumstances and to varying degrees
memos after 9/11
authorized: water-boarding; inducement of suffocation; use of dogs to create intense fear; threatening to kill the detainee or family members; and, the cold cell or a related inducement of hypothermia
Kellogg-Briand Pact (1928)
banning resort to war; still in force and 60 plus countries are party; first outright ban on the use of force attempted to outlaw aggressive war-"renounce war as an instrument of national policy"; drafted by France and the U.S.; signed by 15 nations on August 27, 1928 and by 1933 65 nations had signed after the severe losses of WWI, the idea of declaring war to be illegal was immensely popular in international public opinion Pact established the important point-only wars of aggression, not military acts of self-defense or collective punishment of aggressors would be covered under the Pact; and many nations had no objections to signing it two important clauses: outlawed war as an instrument of national policy and signatories to settle their disputes by peaceful means but, contained no sanctions against violators, or alternatives to settle disputes, and did not outlaw force against states that violate the treaty or states that were not signatories to it instead, diplomacy and world opinion would dissuade the use of force still, there was a perpetual agreement and a perpetual hope
Security Council Peace Enforcement
between 1945 and 1990, only Apartheid caused the Security Council to impose compulsory measures under VII, which stopped oil on its way to Rhodesia and South Africa
U.N. Charter, Article 30 (or 39?)
collective security Article 30 states that the Security Council shall determine the existence of any threat to the peace, breach of peace, or act of aggression--can include potential or generic threats (i.e. threats to international peace and security such as terrorist acts, the proliferation of WMDs, and the proliferation and illicit trafficking of small arms and light weapons context in which the Security Council determined a situation as giving rise to breached of the peace is narrower--rarely determined a breach of the peace only in situations involving the use of armed force; and only in a very few cases in its history has the Security Council determined the existence of an act of aggression by one state against another
use of force
costly, economic suffering in terms of soldiers, and death
Security Council Resolution 662
declared the seizure and occupation (of Kuwait by Iraq) "null and void under international law"
Under President Bush after 9/11
definition of the 'War' on Terror: "No distinction will be made between the terrorists, and those who harbor them."
Security Council Resolution 1378 (11/14/01)
did not mention the invasion, but did support "international efforts to root out terrorism"
Article 16 of Covenant of the League of Nations
did not provide for the imposition of sanctions against a member of the League of Nations that had resorted to war in violation of its obligations under the covenant this article was applied in only one of the five major instances in which such a violation did take place Japan's invasion of Manchuria in 1931 brought the Assembly to conclude that "without any declaration of war, part of the Chinese territory has been forcibly seized and occupied by Japanese troops" still, the Assembly decided Japan had not resorted to war in violation of the covenant; therefore, Article 16 did not apply
Suez: UNEF I
established in connection with the Suez crisis of 1956 through action by the General Assembly rather than the Security Council in contrast to Korea, the organizational response to Suez stands as an inventive mechanism out in place to skirt the recent memories and perceived lessons of Korea.
Security Council 1333 (2000)
further refined and strengthened the sanctions imposed in Resolution 1267
Rome Statue (July 2002)
governs the ICC is an international treaty, binding only on those States which formally express their consent to be bound by its provisions. brought to light the need to stop forming ad hoc tribunals ratification by 60 countries; now, 124 countries are members many African States are members because the ICC is international and one of the first opportunities for them to participate as sovereign countries; and then the African States would have the opportunity to influence NGOs influenced the Rome Statue Ad hoc tribunals for the former Yugoslavia and Rwanda have a limited mandate and jurisdiction however, states must comply for it to be effective (i.e. South Africa not arresting Sudanese President Omar al-Bashir)
Martens' Clause
helped to influence and support Common Article 3 of the 1949 Geneva Conventions and 1977 additional protocols applicable to all armed conflicts a convention in the miniature sets out the general protections for all individuals no longer active in armed conflict fills the 'gap' in international law and it is customary law
U.N. Charter, Article 41
impose sanctions--arms embargo (against Rwanda), economic and trade sanctions (Iraq), diamonds embargo (Angola), prohibition on all States to finance terrorists (Security Council Resolution 1373, 2001)
hybrid tribunals
include both national and international judges; charges based on both domestic and international law
status mixture
intermediacy concept
lawfare
is a form of asymmetric warfare, consisting of using the legal system against an enemy, such as by damaging or delegitimizing them, tying up their time or winning a public relations victory constraints around the laws of war do not help in U.S. war effort U.S. is held at a higher standard
The Prosecutor (of the ICC)
is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court for examining them and for conducting investigations and prosecutions before the Court for determining if there is/is no reasonable basis to proceed States Parties or the United Nations Security Council may refer situations of crimes within the jurisdiction of the Court to the Prosecutor the Prosecutor may also begin an investigation on own initiative receives and analyzes information submitted by a variety of reliable sources and this was controversial, because it marks an independent prosecutor if the Prosecutor concludes there is a reasonable basis to proceed with an investigation, a (3 judges) Pre-Trial Chamber authorizes an investigation
UN Charter, Ch. VII
language is vague and permissive Article 24: confers the responsibility for maintenance of the peace on the Security Council Article 39: portrays the willingness of the Security Council to make a determination that a threat to the peace, a breach of the peace, or an act of aggression has occurred--grants authority to the Security Council to intervene when a situation constitutes the three actions above short hand for all action with respect to threats to the peace, breaches of the peace, and acts of aggression (Articles 39-51 of the U.N. Charter)
grave breaches
of IHL elevate violations to the rank of international crimes and designate as "war crimes" and entail individual criminal responsibility
What is self-dense from an armed attack?
prior to 1945, WWII, an armed attack was not synonymous with annihilation of an entire country or region of the world the development of weapons technology continued to quickly advance in the following decades therefore, the argument went, it was not possible to think of the right to self-defense once and only once missiles were already 'in the air' that is, when an armed attack was already underway the State retains an inherent right to self-defense that precedes the initiation of an armed attack—which leads to anticipatory self-dense
Geneva Conventions I-IV (1949)
regulate 'conventional' war—that is wars between states all states are bound (and not simply by customary law, but it has reached universal ratification) by the four Geneva Conventions of 12 August 1949 these conventions, in times of armed conflict, protect wounded, sick and shipwrecked members of the armed forces prisoners of war and civilians
Geneva Convention additional Protocols
regulate two types of war: Additional Protocol I: wars of national liberation, decolonization or wars against colonial or racist regimes specifically formulated with the states of Israel and South Africa in mind Additional Protocol II: internal or non-international armed conflicts that is war that occurs with the territory of a sovereign state I and II codify the rules that protect the civilian population against the effects of hostilities two-thirds of all States are bound by these Protocols. less accepted confusion about the scope of Additional Protocol II's application only parts of Additional I is=customary law
League of Nations
regulating resort to war Articles 12, 13, 15 (conditions of resort to war)-requirement that members of the League give disputes to arbitration or legal settlement Article 12: in no case to resort to war until three months after the award by the arbitrators or decision Article 16: sanctions if the conditions were violated
Supreme Court Case 2: Rasul v. Bush (June 2004)
ruled that Guantánamo was "territory over which the United States exercises exclusive jurisdiction and control," and that, because the prisoners denied that they had "engaged in or plotted acts of aggression against this country," and had "never been afforded access to any tribunal, much less charged with and convicted of wrongdoing," they had habeas corpus rights; in other words, the right to challenge the basis of their detention before an impartial judge
Kellogg-Briand Pact (Pact of Paris, 1928) aka the General Treaty for the Renunciation of War
signed in Paris on Aug. 27, 1928 by representatives of 15 states and was ratified or adhered to by 65 nations idealistic and not impactful also affirmed the sovereignty and territorial integrity of China, in which Japan violated in 1937 when they invaded Manchuria still did not "outlaw" aggressive war under its provisions, the right to war was still allowed in legally permissible self-defense and as an instrument of collective action to restrain an aggressor did not prohibit war resort to war against a country that had violated the treaty's provisions failed to provide a means of enforcing compliance and did not define the measures and methods through which relations between states might be changed without resorting to force
armed conflict
term used due to a large number of modern armed conflicts have taken place without an official declaration of a state of war
habeas corpus
the "great writ of liberty" that allows a judge to inquire into the legality of a prisoner's detention legal procedure that keeps the government from holding you indefinitely without showing cause. when you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you habeas corpus prevents the King from simply locking up subjects in secret dungeons and throwing away the key it has been a pillar of Western law since the signing of the Magna Carta in England in 1215.
war in the Medieval Period
the Truce of God (so commerce/trade could continue) and the Peace of God (Christian) highly political involvement in the making of the laws of war
threes ways the ICC can exert jurisdiction
the accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court the crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court the United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime (i.e. ICC is attempting to use this way with Syria)
Supreme Court Case 4: Boumediene v. Bush/Al Odah v. United States (June 12, 2008)
the detainees at Guantánamo Bay have a constitutional right to habeas corpus, to challenge their detention before a neutral judge in a real court ruled that the diluted procedures Congress had put in place (military commission act of 2006) were not an adequate substitute for habeas corpus because they did not provide detainees with a meaningful opportunity to challenge their designation as "enemy combatants"
Supreme Court Case 3: Hamdan v. Rumsfeld (June 29, 2006)
the justices ruled 5-3 that the Military Commissions were illegal under US law and the Geneva Conventions concluding that Common Article 3 of the Geneva Conventions -- which forbids "cruel treatment and torture" and "outrages upon personal dignity, in particular humiliating and degrading treatment"-- was "applicable" to Hamdan and others facing Military Commissions Justice Stevens stated that it was Hamdan's right to be tried by a "regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples." Justice Stevens wrote that military commissions violated Uniform Code of Military Justice the Court rebuked the government's arguments that the AUMF expanded Presidential authority
extraordinary rendition
the transfer—without legal process—of a detainee to the custody of a foreign government for purposes of detention and interrogation the program was intended to protect America
punishments for violations of IHL
there are violations that are subject to administrative or disciplinary sanctions, as well as prosecution as grave breaches all individuals are responsible to IHL rights and duties to act to prevent grave breaches including those acting under the auspices of the United Nations grave breaches of IHL elevates violations to the rank of international crimes and designating them as "war crimes" and entail individual criminal responsibility (i.e. willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, rape, torture, murder, taking hostage)
Security Council Resolution 661
to put in place a trade and financial boycott of Iraq and occupied Kuwait E.U., Japan, and greatest majority of countries in the region had quickly denounced the invasion
necessity and proportionality
twin principles that govern all uses of force, even in wartime some feared expansion of the right to the point where the norm provided no restraint and thus sought to define necessity as narrowly as possible; others argued that given the paralysis (and slow procedures) of the Security Council, states needed a relatively broad grant to ensure their security proportionality: use of force in proportion to the desired goals necessity: use of force only as is absolutely needed both attempt to limit the resort to and use of force
U.N. Charter and the Cold War
unanimous nature of Security Council deliberations (hoped for) was wrecked; proxy wars for the U.S. and/or U.S.S.R.; deadlock over Security Council Peace Enforcement
Security Council 1368 (proceeded 9/11)
unequivocally condemns in the strongest terms 9/11/01; regards such acts, like any act of international terrorism, as a threat to international peace and security expresses its readiness to take all necessary steps to respond to the attacks on 9/11/01, and to combat all forms of terrorism, in accordance with its responsibilities under the UN Charter
Security Council Resolution 678
voted to authorize the U.S. and its allies to expel Iraq from Kuwait by force if Iraq refused to withdraw by Jan. 15, 1991
UN Charter
went beyond the provisions of the Pact of Paris in that members of the UN renounced not only their right to go to war--except in instances of individual or collective self-defense (Arts 51 and 52)--but also their right to unilaterally to resort to the threat or use of force only reference to "war" in UN Charter occurs in preamble (i.e. "determined to ave succeeding generations from the scourge of war"); elsewhere, "threat of force" and "threat to the peace, breach of the peace, or act of aggression" are used by the Security Council presumes a particular kind of war: organized militaries in overt, declared conflict; between two or more territorial states; militaries in uniform and clearly identifiable; states control their own territories
crimes of aggression
where a person plans, initiates, or executes an act of aggression using state military force that violates the Charter of the United Nations the act is judged as a violation based on its character, gravity, and scale opposite of self-defense
UN Charter Arts. 2 (3) and 2(4)
word "war" is not used, it is threat or use of force Article 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. Article 2(4): All Members shall refrain in their international relations from the threat or use of force against the territory integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Hague Conferences of 1899 and 1907
written by de Martens, an influential Russian lawyer and diplomat and delegate to the 1899 Hague conferences represented early efforts to mitigate the impact of war neither of these conferences seriously addressed the idea of limiting the right of states to resort to war; but, they concentrated upon the idea of making war more human. conferees planned another meeting in 1914, although it was canceled due to war "Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law as they result from the usages established between civilized nations, from the laws of humanity, and the requirements of public conscience."
