International Law and the Use of Force by Gray, Christine -- Read -- Imperial Library of Trantor

Index

Cover Title Page Copyright Page Content Abbreviations 1. Law and force

Identification of the law Effectiveness of the prohibition of the use of force

2. The prohibition of the use of force

Humanitarian intervention Kosovo: a new role for NATO

Legality of Use of Force: the case before the International Court of Justice The subsequent debate

A responsibility to protect? Darfur A right of pro-democratic intervention Force and self-determination Other claims under Article 2(4)

3. Invitation and intervention: civil wars and the use of force

Recent application of the law on intervention in civil wars: Africa after the Cold War The Nicaragua case Armed activities on the territory of the Congo (DRC v Uganda) The right of a government to invite outside intervention

Classification of conflicts Invitation by governments in practice

Intervention and protection of nationals Intervention in response to prior foreign intervention

Chad 1975–1993 The identification of the government entitled to invite intervention

Forcible intervention to assist the opposition Intervention and counter-intervention in Angola and Mozambique The end of the Cold War and the start of the ‘War on Terror’

4. Self-defence

Introduction The academic debate The role of the Security Council

The duty to report to the Security Council Self-defence as a temporary right Security Council measures and self-defence

The scope of self-defence

Armed attack

Turkey, Iraq and the Kurds Iranian Oil Platforms case Gravity of attack

Necessity and proportionality

Accumulation of events

Protection of nationals Anticipatory self-defence before the ‘Bush doctrine’

Conclusion

5. Collective self-defence

The Nicaragua case The meaning of armed attack

The actions of armed bands and irregular forces The supply of arms

Frontier incidents

The distinction between armed attack and frontier incident in the Nicaragua case Criticism of the distinction between armed attack and frontier incident Arguments for the distinction between armed attack and frontier incident The distinction and the Definition of Aggression

Other limits on the right of collective self-defence

Third state interest? The duty to report to the Security Council under Article 51

Conclusion

6. The use of force against terrorism: a new war for a new century?

Previous practice The impact of 9/11

The concept of armed attack after 9/11 Necessity and proportionality

Operation Enduring Freedom

Pre-emptive self-defence How far has Operation Enduring Freedom been a turning point in the law on the use of force?

The Bush doctrine of pre-emptive self-defence Iraq and pre-emptive self-defence

Allegations of links between Al Qaida and Saddam Hussein Pre-emptive self-defence against the threat of Iraq’s weapons of mass destruction The next steps: North Korea and Iran

North Korea Iran

Terrorist attacks after 9/11 and the international response Intervention after Operation Enduring Freedom Regime change The ‘War on Terror’ extends

Israel, Syria and Lebanon 2001–2006 Israel/Lebanon 2006

Non-state actors The role of the UN Proportionality

Ethiopa/Somalia 2006

Conclusion

7. The UN and the use of force

The UN in the Cold War

Chapter VII action The division of powers between the Security Council and the General Assembly Peacekeeping during the Cold War

A New Legal Order? Chapter VII after the Cold War Article 41: transformation Peacekeeping after the Cold War

The end of Cold War conflicts The start of new conflicts

Peacekeeping and enforcement action in Yugoslavia and Somalia: the blurring of traditional distinctions

The extension of peacekeeping

Yugoslavia Somalia

Contemporaneous peacekeeping and enforcement operations

Rwanda The relation of UN peacekeeping and Chapter VII

Consent to peacekeeping The use of force by peacekeeping operations

Reform of UN peacekeeping

The Brahimi Report and its implementation Sierra Leone and the DRC Recent peacekeeping operations Peace Operations 2010

Conclusion

8. Security Council authorization for member states to use force

Express authorization

Member state operations in Africa (2003–2007) Europe in Africa

Chad and the Central African Republic (CAR)

Kosovo Afghanistan

The multinational force in Iraq (2003)

Implied (or revived) authorization to use force

Iraq 1991–2002 The 1999 Kosovo operation

Operation Iraqi Freedom (2003)

Security Council Resolution 1441 (2002) The ‘coalition’ case for action

Conclusion

9. Regional peacekeeping and enforcement action

Introduction Cooperation between the UN and regional organizations

The UN and the AU The AU in Somalia: AMISOM The AU in Darfur: AMIS Joint operations

‘Regional arrangements and agencies’ The constitutional bases for regional peacekeeping

ECOWAS action in Liberia ECOWAS action in Sierra Leone

The legality of regional action in terms of the UNCharter and general international law

ECOWAS action in Liberia (1990–97)

The legality of the operation under the UN Charter Consent of the host state The impartiality of ECOMOG Enforcement action ECOWAS cooperation with a UN force Conclusion

The former USSR

Tajikistan Abkhazia, Georgia

ECOWAS action in Sierra Leone

A reinterpretation of Article 53 of the UN Charter?

A regional right to use force to restore democratic government?

Côte d’Ivoire Liberia (2003) and the Central African Republic

Security Council authorization of use of force by regional organizations Conclusion

Index Notes

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