Government 1740 International Law Summer 2006. Lecture 9: The Use of Force. Outline. I. “Just war” doctrine II. “War” in the twentieth century and the evolution of doctrines of use of force III. Regulation of the right to resort to force A. The League of Nations Covenant
Government 1740International LawSummer 2006
The Use of Force
I. “Just war” doctrine
II. “War” in the twentieth century and the evolution of doctrines of use of force
III. Regulation of the right to resort to force
A. The League of Nations Covenant
B. The Kellogg-Briand Pact (1928)
C. The Charter of the United Nations (1945)
1. Outlaws wars of aggression
2. Chapter VII: collective security
3. Recognizes the right of self-defense
4. What about anticipatory self-defense?
(Example: the invasion of Iraq)
IV. What influences norms regarding the use of force?
I. Just War Doctrine
Jus ad Bellum
II. War in the 20th Century
Warsaw, September 1939.
III. Legal Regulation of the Right to Resort to Force
“Muzzled” from the Literary Digest
(The Paris General Treaty for the Renunciation of War)
Kellogg, with Prittwitz, and Keip.
August 27, 1928
Article 2(4): “members agree to... refrain from the threat or use of force against the territorial integrity or political independence of any state.”
Article 33-38: obligate members to seek peaceful solutions to disputes.
FIRST SESSION OF THE UN SECURITY COUNCIL (London, 17/1/46).
FIRST SESSION OF THE GENERAL
Article 51of the UN Charter: recognizes an inherent right of collective self-defense of member states against armed attack.
1991 UN IRAQ-KUWAIT OBSERVER MISSION. Burning oil wells and a destroyed Iraqi tank. Kuwait, 25/3/91.
World Trade Towers, 2001