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international treaty law outlining what was not acceptable during war, for much of the modern period the sovereign state, with important exceptions like the Nuremburg and Tokyo war crime trials, remained the sole arbiter in determining who was guilty of violating these laws. This, in turn, raised questions as to the effect that jus in bello laws had on restraining the use of force. In the immediate post
peace’. 1 The Charter’s principles include the prohibition of the unilateral use of force in international relations 2 and the obligation upon states to settle their international disputes peacefully. 3 As a corollary to the prohibition of unilateral use of force, the Charter provides for a collective security regime. 4 In this chapter we examine the prohibition of the use of
The collective security system and the unilateral or joint use of force are not sealed compartments. Their interaction is manifest in Art. 51 of the Charter, which temporally limits the right to self-defence until the Security Council discharges its responsibilities. Perhaps less evident, but nonetheless equally important, is the function of
Longhurst, Germany and the use of force.qxd 30/06/2004 16:25 Page 54 3 Germany and the use of force I: adjusting to life after the Cold War What does a nation do with its liberated power in the post-bipolar age when the 40-year-old strategic threat has disappeared that previously posed all the major questions and delivered most of the major answers? 1 The Bundeswehr has always been less a manifestation of statehood than a means of defending against the Soviet threat. With this threat gone, the very existence of the German military is in question.2 The
This book is the collective use of force within the framework of the Charter, whose ambitious project is based on the premise that armed force can be resorted to exclusively in the common interest. It begins with a short discussion of the powers granted to the Security Council for the discharge of its primary responsibility for the maintenance of international peace and security, and the conditions under which these powers may be exercised. The United States, supported by its NATO allies, or at least some of them, openly challenged the authority of the Security Council and attempted to downgrade its authorisation from a legal requirement to a matter of political convenience. The book deals with the use of force by States either individually or jointly. Through the lenses of the interaction between the Charter and customary international law, it considers the evolution of the right to self-defence, the only exception expressly provided for in the Charter, and the possible re-emergence of other exceptions. The book focuses in particular on the controversial question concerning the legality of the threat or use of nuclear weapons in self-defence and of the pre-emptive military action against threats posed by these weapons. Often referring to the recent Iraqi crisis, it further deals with the collective and unilateral means at the disposal of the United Nations and its members to enforce disarmament obligations and tackle the proliferation of weapons of mass destruction.
Longhurst, Germany and the use of force.qxd 30/06/2004 16:25 Page 77 4 The momentum of change. Germany and the use of force II: from Afghanistan to Iraq Germany’s engagement in Kosovo in a combat capacity appeared to have shifted the parameters of German security policy and perspectives on the use of force, apparently to ‘solidify the new consensus’ over foreign and security policy.1 Indeed, Kosovo did seem to confirm that the trajectory of change already apparent in the 1990s was leading to a normalising of Germany’s relationship with the use of force
Mobilising the concept of strategic culture, this study develops a framework for understanding developments in German security policy between 1990 and 2003. Germany's contemporary security policies are characterised by a peculiar mix of continuity and change. From abstention in the first Gulf war, to early peacekeeping missions in Bosnia in the early 1990s and a full combat role in Kosovo in 1999, the pace of change in German security policy since the end of the Cold War has been breathtaking. The extent of this change has recently, however, been questioned, as seen most vividly in Berlin's response to ‘9/11’ and its subsequent stalwart opposition to the US-led war on terrorism in Iraq in 2003. Beginning with a consideration of the notion of strategic culture, the study refines and adapts the concept to the case of Germany through a consideration of aspects of the rearmament of West Germany. It then critically evaluates the transformation of the role of the Bundeswehr up to and including the war on terrorism, together with Germany's troubled efforts to enact defence reforms, as well as the complex politics surrounding the policy of conscription. By focusing on both the ‘domestics’ of security policy decision making as well as the changing and often contradictory expectations of Germany's allies, this book provides a comprehensive analysis of the role played by Germany's particular strategic culture in shaping policy choices. It concludes by pointing to the vibrancy of Germany's strategic culture.
Conventions and reaffirmed in numerous resolutions of the UN General Assembly and Security Council since 1988 but it is nowhere defined ( Nyabeyeu Tchoukeu, 2018 ). In fact, in spite of the rise of the ‘right to interfere’ and ‘responsibility to protect’ doctrines and the Security Council urging States to allow ‘effective and unimpeded’ delivery of humanitarian aid under increasingly binding terms, to the point of sometimes authorising the use of force to secure assistance operations, no subsequent resolution explicitly refers to corridors as a concrete way to deliver
MINUSTAH [the UN Stabilisation Mission in Haiti]. What strategic importance did you give to this? And how do you respond to criticisms? There have been reports of rape and violence committed by MINUSTAH soldiers, for example. Didn’t Brazil end up acting like any other regional hegemon, projecting power in its sphere of influence through the use of force and justifying this with expressions of humanitarian concern? CA: I’d say that, clearly, it was a moment of affirmation of Brazilian power – a moment to show that Brazil was prepared to use certain
Representing the first book-length treatment of the application of feminist theories of international law, The boundaries of international law argues that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronted it.
With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this volume is essential reading for scholars, practitioners and students alike.