Transcript International criminal law

INTERNATIONAL
LAW
THE USE OF FORCE
THE PROHIBITION OF
FORCE: Art 2
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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.
4. 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 United Nations.
PERMISSIBLE USE OF
FORCE
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United Nations authorisation under Chapter
VII of the UN Charter
– Articles 39-42
– Enforcement Acton under Art. 53
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Self defence under customary int. law and
under Art. 51 of the Charter
– Individual
– Collective
THE SECURITY COUNCIL AND
THE AUTHORISED USE OF FORCE
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Chapter VII
– Art.39: The Security Council shall determine the
existence of any threat to the peace, breach of the peace,
or act of aggression and shall make recommendations,
or decide what measures shall be taken in accordance
with Articles 41 and 42, to maintain or restore
international peace and security.
– Art.40: a call on parties to maintain peace
– Art. 41: measures not involving the use of force
– Art. 42: …such action by air, sea, or land forces as may
be necessary to maintain or restore international peace
and security.
THE UN AND THE USE OF
FORCE IN THE GULF WAR
THE SECURITY COUNCIL
AND THE GULF WAR 1990-91
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In all the Security Council passed 12 resolutions
on the Gulf situation:
– S/RES/660 (1990) - 2 August 1990 (Art.39)
Determined that a breach of international peace
and security had taken place (i.e., that it was a
legitimate issue for the Security Council);
condemned the Iraqi invasion; demanded its
withdrawal from Kuwait; and called upon Iraq
and Kuwait to negotiate
SECURITY COUNCIL
RESOLUTIONS
S/RES/661 (1990) - 6 August 1990
Determined that Iraq had not complied with
Resolution 660;
– affirmed the right of individual or collective selfdefence; under UN Charter Chapter 7
– called upon all states to impose strict economic
sanctions on Iraq until it complied with 660….
SECURITY COUNCIL
RESOLUTIONS
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S/RES/665 (1990) - 25 August 1990
(Art. 42 limited use of force) Called upon states
deploying maritime forces to use such
measures as may be necessary to halt all
maritime shipping in order to inspect cargo and
ensure strict implementation of Resolution 661
SECURITY COUNCIL
RESOLUTIONS
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S/RES/670 (1990) - 25 September 1990
Extended maritime embargo to air traffic by
"taking such measures as may be necessary,
consistent with international law,
SECURITY COUNCIL
RESOLUTIONS
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S/RES/678 (1990) - 29 November 1990
(Art. 42 use of force) Demands Iraq comply
with UNSCR 660 and gives it one final "pause
of goodwill";
authorizes states cooperating in multinational
coalition in the Gulf 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.
THE WAR
THE SECOND GULF WAR: THE
INVASION OF IRAQ
THE SECURITY COUNCIL
RESOLUTIONS
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Res. 687,04/91 Declares effective a formal cease-fire and establishes the
UN Special Commission on weapons (Unscom),
Res.707:15/08/91:Condemns
Iraq's
non-compliance
on
weapons
inspections as a "material breach" of Resolution 687
Res. 115: 06/97: Condemns the repeated refusal of the Iraqi authorities to
allow access to sites" and "[d]emands that [they] cooperate fully" with
Unscom
1194: 09/98:Condemns the decision by Iraq ... to suspend cooperation with
[Unscom] and the IAEA", demands that the decisions be reversed and
cancels October 1998 scheduled sanctions review.
RESOLUTION 1441
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11/ 2002: US and UK sponsor Res. 1441:
– The resolution recalls previous UNSC resolutions
– Recalls that its resolution 678 (1990) authorized Member States to
use all necessary means to uphold and implement its resolution
660 (1990) of 2 August 1990 and all relevant resolutions
subsequent to resolution 660 (1990) and to restore international
peace and security in the area;
UNSC Res.1441
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Decides:
– that Iraq has been and remains in material breach of its
obligations under relevant resolutions, including resolution 687
(1991),
– by this resolution, a final opportunity to comply with its
disarmament obligations under relevant resolutions of the
Council;
ARTILCE 51: SELFDEFENCE
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Nothing in the present Charter shall impair
the inherent right of individual or collective
self-defence 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.
SEPTEMBER 11 AND
INTERNATIONAL LAW
INTERNATIONAL LAW AND THE
ATTACK ON THE US
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Article 51 of the United
Nations Charter permits
individual and collective self
defense when an armed attack
occurs
Article 5 of the NATO
Agreement: The Parties agree
that an armed attack against
one or more of them in Europe
or North America shall be
considered an attack against
them all
THE RIGHTS OF THE US
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God Almighty hit the United
States at its most vulnerable
spot. He destroyed its greatest
buildings.
Praise be to God.
Here is the United States. It
was filled with terror from its
north to its south and from its
east to its west.
Praise be to God.
(Osama Bin Laden Sunday, 7
October 2001)
THE RIGHTS OF THE US
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On my orders, the United States
military has begun strikes against
al Qaeda terrorist training camps
and military installations of the
Taliban regime in Afghanistan.
This military action is a part of
our campaign against terrorism,
another front in a war that has
already been joined through
diplomacy
Today we focus on Afghanistan,
but the battle is broader.
(George W Bush 7 October 2001)