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Use of force

4 important questions on Use of force

Responsibility to protect (R2P)

Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity.

The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter.

World Summit Outcome Document, § 138 & 139

What are the regimes of the law of the use of force?

The Charter regime;
The customary regime, which may be more flexible.

Case law concerning the use of force

Corfu channel case;
Nicaragua case;
Oil platforms case;
Armed activities case.

What are the additional conditions for self-defence?

Starting point: armed attack -> most grave forms of the use of force Nicaragua, § 51 and 191;
State as victim of the armed attack Nicaragua, § 195;
The armed attack must have occurred DRC-Uganda, § 143
May not be carried out from within the territory of the injured State Wall, §139
Armed attack must be carried out by another State or be attributable to it Wall, § 139. DRC-Uganda, § 146;
Measures taken in self-defense must be necessary and proportionate Oil Platforms, § 51, 73-78.