LAW 1508 Lecture Notes - Lecture 8: Humanitarian Intervention, Territorial Integrity, Nicaragua V. United States
23 May 2018
School
Department
Course
Professor
Use of Force
-NON INTERVENTION PRINCIPLE-
Any intervention Art 2(7) (funding rebels)
-PROHIBITION ON USE OF FORCE-
Art 2(4): Armed intervention
Anything which violates this principle will also violate the non-intervention
principle
EXCEPTIONS
Prohibition on use of force (treaty and custom)
Art 2(4) UN Charter
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 Uited Natios.
Threat or use of force
1970 UNGA Res 2625 (Friendly ‘elations Declaration) (non-binding)
- Use of force definition: Aggression/ a crime against the peace/ Propaganda of
such
- duty to refrain from threat/ use of force/ forcibly resisting right to self-
determination
- No right to intervene
- Cannot organise or assist subversive, terrorist or armed activities directed to
overthrow another State.
- Or anything in annexation
1974 Definition of Aggression – General Assembly
- Aggression= armed force against sovereignty/ territorial integrity or political
independence of another state or in any other manner inconsistent with the
charter
o invasion of territory;
o bombardment by armed forces
o blockade of ports or coast by armed forces
o attack on land, sea or air forces/ fleets
o action of a state allowing another state to use its territory to commit an
act of aggression to a 3rd state
o The sending by (or on behalf) of a state- armed bands, groups,
irregulars or mercenaries which carry out attacks against a 3rd state
which amount to acts listed above= involvement
- economic pressure not likely to amount to use of force
- cyber needs to have a physical consequence (eg: electronically opening flood
gates to flood a town)
4. Territorial integrity or political independence Discuss facts. Pick a view.
- Restrictive interpretation: terms are Intended to strengthen the prohibition
on the use of force rather than provide exceptions to it.
- permissive view: use of force is not prohibited provided that it is not
intended to, and does not, jeopardise the target states territorial integrity/
political independence and is consistent with the purposes of the charter.
5. In a manner inconsistent with the purposes of the UN- (SD and SC Ch VII)
Custom: Nicaragua Case
- Acts violating Art 2(4)
✓ laying mines in internal/ territorial waters
Security Council
CH VII
Self Defence
Art 51 UN
charter
Emerging custom
Consent
rescue of nationals
Humanitarian
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Anything which violates this principle will also violate the non-intervention principle. Prohibition on use of force (treaty and custom) 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 u(cid:374)ited natio(cid:374)s(cid:859). 1970 unga res 2625 ((cid:858)friendly elations(cid:859) declaration) (non-binding) Use of force definition: aggression/ a crime against the peace/ propaganda of such. Duty to refrain from threat/ use of force/ forcibly resisting right to self- determination. Cannot organise or assist subversive, terrorist or armed activities directed to overthrow another state. Restrictive interpretation: terms are intended to strengthen the prohibition on the use of force rather than provide exceptions to it. Acts violating art 2(4) laying mines in internal/ territorial waters. Supplying of arms and training in arms and tactics, techniques and procedures (cid:894)ttp(cid:859)s(cid:895)
