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Use of Force and International law

Use of Force and International law. Lecture 29 April 3. Conference of World Affairs colorado.edu/cwa. 1717 The International Rule of Law 3:00-4:20 on Monday April 6, 2009 Wolf Law Wittemyer Courtroom

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Use of Force and International law

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  1. Use of Force and International law Lecture 29 April 3

  2. Conference of World Affairscolorado.edu/cwa 1717 The International Rule of Law 3:00-4:20 on Monday April 6, 2009 Wolf Law Wittemyer Courtroom 2163 The Future of the UN and Why it Matters 9:30-10:50 on Tuesday April 7, 2009 UMC Center Ballroom 2450A PLENARY Yes, The UN Can! 12:30-1:30 on Tuesday April 7, 2009 UMC Center Ballroom 2613 Genocide: Beyond Outrage 2:00-3:20 on Tuesday April 7, 2009 UMC Center Ballroom 3318 U.S. and UN: Can This Marriage Be Saved 11:00-12:20 on Wednesday April 8, 2009 Wolf Law Wittemyer Courtroom 4500A Climate Threat to the Planet: Implications for Intergenerational and Environmental Justice 1:00-1:50pm, Thursday, 2009 Macky Auditorium

  3. ASSIGNMENTS Monday, April 6 UN Reform p. 610 - A More Secure World: Our Shared Responsibility p. 569 International law rules on jurisdiction – slides only International law and the Environment p.622-635 • Trail Smelter Case • Rio Declaration http://www.unep.org/Documents.multilingual/Default.asp?DocumentID=78&ArticleID=1163 • Stratospheric Ozone Layer p.642 Find and review the Vienna Convention and Montreal Protocol on the internet: http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf • Climate Change Legal Regimes –http://unfccc.int/ http://unfccc.int/resource/convkp.html http://unfccc.int/resource/docs/publications/guideprocess-p.pdf – MUST READ – not in textbook (only note 9 on page 654) 1.- UNFCCC 2.- Kyoto Protocol Wednesday, April 8 - Quiz-4 Final exam: May 4, 4:30-7pm, HUMN 1B50 TODAY UN and the Use of Force p.571 – Peacekeeping Certain Expenses Case p.576 Kuwait – p.580 Iraq p. 599

  4. Presentations • E-mail me your title, your name, and 3 main points 2 days before your presentation amhalvorss@aol.com • - 5-10 minutes, succinct, write 3 main points on blackboard, no reading of papers- only notes • - If you like, you can e-mail me a power-point presentation 2 days before your presentation which I can put on my computer

  5. What was the Gulf War – 1990-1991? • A. Collective self-defense Art.51 • B. Art.42 UNSC action • C. Both A. and B.

  6. Peacekeeping • Peacekeeping not mentioned in the UN Charter • “Chapter VI ½ “ • Uniting for Peace - Certain Expenses Case – Advisory Opinion – lawful interpretation of the Charter • GA could take “measures” involving peacekeeping forces – “implied powers”

  7. Certain Expenses Case • Do the peacekeeping expenditures authorized by the GA constitute expenses of the UN within the meaning of Art.17(2)? • Did the GA act within the scope of its authority in recommending establishment of a peacekeeping force and approving its expenses?

  8. Peace-keeping principles • 1) Consent of the parties • 2) Impartiality • 3) Non-use of force, except in self-defense

  9. UN peacekeeping operations – two broad categories: • military observer missions composed of relatively small numbers of unarmed officers, charged with such tasks as monitoring ceasefires, verifying troop withdrawals, or patrolling borders or demilitarized zones; • peacekeeping forces composed of national contingents of troops, deployed to carry out tasks similar to those of military observers and, often, to act as a buffer between hostile parties.

  10. new peacekeeping tasks • such as preventive deployment, temporary administration or governance of a post-conflict region, protecting delivery of humanitarian assistance, and helping create stable and secure environments for ongoing efforts to consolidate the peace in the wake of conflict.

  11. SECURITY COUNCIL • Ch. VI – recommendatory and investigatory powers – pacific settlement of disputes • Ch. VII – enforcement action 1) trade sanctions – Art. 41 2) use of force – Art. 42 • Peacekeeping operations “Ch VI ½” - SC - GA – Uniting for Peace Resolution - confers on the GA the powers to “recommend” collective measures when the SC is unable to act.

  12. What was the Gulf War – 1990-1991? • military coalition supporting Kuwait with UN authorization or collective self-defense • Now after the Cold War – the thaw in relations between US and Russia – revitalized the UN Security Council (UNSC) • UNSC unanimously condemned the invasion and demanded that Iraq withdraw immediately from Kuwait and unconditionally all its armed forces. • Some scholars says you can consider it either: • collective self-defense or an Art.42 UNSC action.

  13. IRAQ –Security Council Resolution 660August 2, 1990 • “Determining that there exists a breach of international peace and security as regards the Iraqi invasion of Kuwait” • “2. Demands that Iraq withdraw immediately and unconditionally all its forces to the positions in which they were located on 1 August 1990”

  14. Security Council Resolution 678November 29, 1990 • “Mindful of its duties and responsibilities under the Charter of the United Nations for the maintenance and preservation of international peace and security” • “2. Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the above mentioned resolutions, 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”

  15. Security Council Resolution 687April 3, 1991 (textbook p.587) • Calls on Iraq to: • Destroy chemical, biological weapons, ballistic missiles and agree to onsite inspections • To not use, develop or acquire WMD • To not use, develop or acquire nuclear material or components • To accept on-site inspection and destroy nuclear material and weapons • “Declares that, upon official notification by Iraq to the Secretary General and to the Security Council of its acceptance of the above provisions,a formal cease fire is effective between Iraq and Kuwait and the Member States cooperating with Kuwait in accordance with resolution 678 (1990)”

  16. IRAQ second Gulf War-2 (3) Possible Arguments(based on presentation by 2 former students Tressa and Shane) • The attack was a continuation of the first Gulf War and authorized by UN Security Council resolutions • The attack was an act of self-defense and didn’t need Security Council authorization - WMD and terrorism • [Humanitarian Intervention]

  17. Security Council Resolution 687April 3, 1991 (textbook p.587) • Calls on Iraq to: • Destroy chemical, biological weapons, ballistic missiles and agree to onsite inspections • To not use, develop or acquire WMD • To not use, develop or acquire nuclear material or components • To accept on-site inspection and destroy nuclear material and weapons • “Declares that, upon official notification by Iraq to the Secretary General and to the Security Council of its acceptance of the above provisions,a formal cease fire is effective between Iraq and Kuwait and the Member States cooperating with Kuwait in accordance with resolution 678 (1990)”

  18. Security Council Resolution 1441November 8, 2002 • “Recalling that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implements its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and torestore international peace and security in the area” • “1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991)…” • “12. Decides to convene immediately upon receipt of a report… in order to consider the situation and the need for full compliance with all of the relevant council resolutions in order to secure international peace and security”

  19. Security Council’s responsibility under Resolution 1441 • “12. Decides to convene immediately upon receipt of a report… in order to consider the situation and the need for full compliance with all of the relevant council resolutions in order to secure international peace and security” • The SC was responsible for recognizing a need to take further action, not a Member State. • Conflict between US/UK intelligence and the new weapons inspectors, who decides a breach of 1441?

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