The purpose of this presentation is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states.
Law of war is that part of international law that regulates the resort to armed forces; the conduct to armed forces and the protection of war victims in both national and international conflict; conflicting occupation; and the relationship between conflict, neutral and non-conflicting states
International Humanitarian Law Lecture 19 - 70 Years of Geneva ConventionsNilendra Kumar
Geneva Conventions are the main plank of IHL treaty law adopted by India to abide by protection, compliance and adherence norms in armed conflicts
This presentation is a review of past 70 years resume in it's regard.
Law of war is that part of international law that regulates the resort to armed forces; the conduct to armed forces and the protection of war victims in both national and international conflict; conflicting occupation; and the relationship between conflict, neutral and non-conflicting states
International Humanitarian Law Lecture 19 - 70 Years of Geneva ConventionsNilendra Kumar
Geneva Conventions are the main plank of IHL treaty law adopted by India to abide by protection, compliance and adherence norms in armed conflicts
This presentation is a review of past 70 years resume in it's regard.
International Humanitarian Law Lecture 6 - Core Principles of IHLNilendra Kumar
This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.
International Humanitarian Law Lecture 11 - International Armed ConflictNilendra Kumar
This presentation recognises two categories of armed conflicts. It further describes the applicability of the conventions specially where it is non international in the strict sense of the term.
International Humanitarian Law, (Lecture 15)- Distinction between internation...Nilendra Kumar
This presentation explains the nature of an armed conflict and the salient differences between international armed conflict and non international armed conflict while also highlighting its relevance there to.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
This presentation gives a detailed explanation of the two branches of International Humanitarian Law. This also underlines the supplementary sources of IHL.
This presentation discusses the rights of parties to a conflict to adopt methods and means of warfare at their choice while also highlighting their limits in this regard.
Settlement of international disputes (International Law) Amicable(Rajat Vaish...R V
Types of Settlement of dispute negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement
The methods of peaceful settlement of disputes fall into three categories:
1.) Diplomatic Method
2.) Adjudicative Method
3.) Instituional Method
This is an overview of the guidelines of the use of force for a major police department. If you like the information, then please share it on Facebook (or other social media sites). Thank you.
https://www.linkedin.com/in/flaviomota/
International Humanitarian Law Lecture 6 - Core Principles of IHLNilendra Kumar
This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.
International Humanitarian Law Lecture 11 - International Armed ConflictNilendra Kumar
This presentation recognises two categories of armed conflicts. It further describes the applicability of the conventions specially where it is non international in the strict sense of the term.
International Humanitarian Law, (Lecture 15)- Distinction between internation...Nilendra Kumar
This presentation explains the nature of an armed conflict and the salient differences between international armed conflict and non international armed conflict while also highlighting its relevance there to.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
This presentation gives a detailed explanation of the two branches of International Humanitarian Law. This also underlines the supplementary sources of IHL.
This presentation discusses the rights of parties to a conflict to adopt methods and means of warfare at their choice while also highlighting their limits in this regard.
Settlement of international disputes (International Law) Amicable(Rajat Vaish...R V
Types of Settlement of dispute negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement
The methods of peaceful settlement of disputes fall into three categories:
1.) Diplomatic Method
2.) Adjudicative Method
3.) Instituional Method
This is an overview of the guidelines of the use of force for a major police department. If you like the information, then please share it on Facebook (or other social media sites). Thank you.
https://www.linkedin.com/in/flaviomota/
International Legal protection of Human rights in armed conflicts.Christina Parmionova
In recent decades, armed conflict has blighted the lives of millions of civilians. Serious violations of international humanitarian and human
rights law are common in many armed conflicts. In certain circumstances, some of these violations may even constitute genocide, war crimes or crimes against humanity.
In the past 20 years, Governments, rebels, politicians, diplomats, activists,
demonstrators and journalists have referred to international humanitarian
law and human rights in armed conflicts. They are regularly referred to
in United Nations Security Council resolutions, in United Nations Human
Rights Council discussions, in political pamphlets of opposition movements,
in reports of non-governmental organizations (NGOs), in the training of soldiers and in diplomatic discussions. International human rights law and international humanitarian law are now important parameters for many
military commanders, advised on the ground by lawyers. Finally, they
are often referred to by defence lawyers and prosecutors in international
and—to a still limited extent—domestic tribunals, and form the basis for
well-reasoned verdicts.
International human rights law and international humanitarian law share
the goal of preserving the dignity and humanity of all. Over the years, the
General Assembly, the Commission on Human Rights and, more recently,
the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of
persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in armed conflict, whether civilians, persons who
are no longer participating directly in hostilities or active participants in the conflict. Indeed, as has been recognized, inter alia, by international and
regional courts, as well as by United Nations organs, treaty bodies and human rights special procedures, both bodies of law apply to situations of armed conflict and provide complementary and mutually reinforcing protection.
This article delves into the concept of Responsibility to Protect (R2P) as a transformative international norm designed to address mass atrocities within states, encompassing genocide, crimes against humanity, war crimes, and ethnic cleansing. Originating from the International Commission on Intervention and State Sovereignty (ICISS) in response to global inaction during the Rwandan genocide and atrocities in the Former Yugoslavia, R2P represents a paradigm shift in redefining sovereignty. The tripartite structure of R2P, focusing on prevention, reaction, and rebuilding, surpasses traditional humanitarian intervention, respecting state sovereignty. The article then examines the application of R2P in the Russo-Ukrainian scenario, where Russia's incursion into Ukraine challenges the norm. Despite the Security Council's limitations, the General Assembly's resolution condemning Russia highlights indirect acknowledgment of R2P principles. The article assesses R2P's role in the context of other international norms and contends with its imperfections, especially when faced with powerful actors. Legal justifications for intervention are explored, drawing from natural law theories and realist constructivism, while considering the challenges posed by Security Council dynamics, as evident in the Ukrainian crisis. The analysis extends to the prudential criteria for military intervention, emphasizing the balance of consequences and the universal applicability of these criteria. The conclusion acknowledges the ongoing development of the R2P paradigm, emphasizing the need for unwavering advocacy and support from policymakers. It underscores the judicious balance required between legal justifications and prudential sensibility in evaluating military force deployment. Despite challenges, the article affirms the continued relevance of R2P through various coercive measures, including military support, and highlights the norm's success in fostering global consensus and normative acceptance in addressing mass atrocities.
Essay On International Law
International Law
Essay On International Law
International Law as Law Essay
Essay on International Humanitarian Law
Essay on International Law
Private International Law Essay
The Legal Mechanisms With Which to Cope With a Nuclear AttackBen Cook Jr.
Amidst the sabre-rattling on the Korean Peninsula, the Russian provocations throughout the globe, and fledgling nuclear programs sprouting in developing nations, the world is once again on the precipice of nuclear war. What exactly are our legal protections and obligations in the event of a nuclear strike? This paper attempts to analyze current international law and postulates what elements would be necessary (or prudent) in future treaties.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
2. A Critically Analysis of the
Doctrine of Use of Force by
States under International Law
1/8/2016 www.legalemperors.com 2
3. INTRODUCTION
HISTORICAL ANALYSIS OF THE USE OF FORCE
HISTORICAL BACKGROUND OF THE PROHIBITION OF USE
OF FORCE
OVERVIEW OF USE OF FORCE RULE UNDER INTERNATIONAL
LAW
THREAT OF FORCE UNDER INTERNATIONAL LAW
THE MEANING OF “FORCE” FOR THE PURPOSES OF ARTICLE
2(4)
ICJ ATTITUDE TOWARDS ‘USE OF FORCE’ IN
INTERNATIONAL LAW
NATURE OF STATES’ OBLIGATION UNDER USE OF FORCE IN
INTERNATIONAL LAW
EXCEPTIONS TO THE RULE
PRINCIPLES OF INTERNATIONAL LAW ON SELF DEFENCE
CONTEMPORARY EXAMPLES OF USE – BREACH
EXAMPLE OF USE OF FORCE – COMPLIANCE
CONCLUSION
1/8/2016
www.legalemperors.com 3
4. The purpose of this presentation is to provide a
clear statement, assessment and critical analysis
of the rules of international law governing the use
of force by states.
This study is significant because, in the light of
global challenges, it is of importance that there be
clarity and understanding about the relevance
and application of international law to the use of
force by states.
We have included several focusers and some
short video clips so as to enable the reader have a
good mental picture of the subject matter under
consideration.
1/8/2016 www.legalemperors.com 4
5. The picture shows a Naval Warhead deploying marines for ground
action.
1/8/2016 www.legalemperors.com 5
6. This picture shows an Amoured Tank. This machine is one of the
deadliest weapons for use of force on land.
1/8/2016 www.legalemperors.com 6
7. This picture shows a submarine warhead discharging missiles for
colossal damage to target.
1/8/2016 www.legalemperors.com 7
8. This picture shows an ‘Infantry’ preparing for military action on
land
1/8/2016 www.legalemperors.com 8
9. This picture shows ‘Fighters’ discharging missiles to target locations
for colossal damage (mass destruction).
1/8/2016 www.legalemperors.com 9
10. This is the official logo of the United Nations Organisation.
1/8/2016 www.legalemperors.com 10
11. Historically, there existed the ‘Doctrine of Just War’ which
was a product of the Christianisation of the Roman Empire
in the thirteenth century.
The doctrine clearly stipulated that force could be used by
any state provided it complied with divine will.
St. Thomas Aquinas in the thirteenth century, expanded the
scope of ‘Just War’ by stating that it was the subjective guilt
of the wrongdoer that had to be punished rather than
objectively punishing the wrong activity.
Later on, the concept of ‘Just War’ disappeared from the
domain of international law as States were now regarded as
sovereign and equal.
No state could presume to judge whether another’s cause
was just or not. States were expected to honour treaties
amongst them, respect the political independence and
integrity of other states, and try to resolve differences by
peaceful methods.
1/8/2016 www.legalemperors.com 11
12. After the First World War in 1918, a general international
institution to oversee the conduct of the world community to
prevent war was created and called the League of Nations.
The Covenant of the League of Nations did not prohibit war
or the use of force but instead set up procedures to restrict
war to tolerable levels.
In a bid to remedy the above defect, the General Treaty for
the Renunciation of War called Kellogg–Briand Pact of
1928 was eventually signed amongst the member states and
in that pact, recourse to war was condemned and renounced.
The Pact of Paris, officially known as the General Treaty for
Renunciation of War 1928 as an Instrument of National Policy was a
1928 international agreement in which signatory states promised not to
use war to resolve “disputes or conflicts of whatever nature or of whatever
origin they may be, which may arise among them”.
1/8/2016 www.legalemperors.com 12
13. In international law, the notion of ‘use of force’ has
always been concerned with the relationship between
states, not regarding the purely domestic use of force by
a state’s authority against its civilians.
It is at the core of international legal efforts to prevent
war.
The prohibition of the use of force is first and foremost a
treaty-based rule, inscribed both in the Charter of the
United Nations (Article 2(4)) and in numerous other
treaties of regional scope, (for example, Article 4(f) of the
Constitutive Act of the African Union 2000).
It is at the same time a rule of customary international
law.
It is also widely held to be peremptory in nature, and has
often been described as the ‘cornerstone’ of the modern
international system.
1/8/2016 www.legalemperors.com 13
17. The prohibition of the threat of force stands directly
alongside its loftier counterpart, the prohibition of the use of
force, in Article 2(4) of the United Nations Charter.
The prohibition of the threat of force has also been restated,
although in a soft law format, in subsequent international
instruments, such as the 1970 Declaration on the Principles
of International Law Concerning Friendly Relations and
Cooperation Among States and the 1987 Declaration on the
Enhancement of the Effectiveness of the Principle of
Refraining from the Threat or Use of Force in International
Relations.
The International Court of Justice in its Advisory Opinion to
the General Assembly of the United Nations on the Legality
of the Threat or Use of Force of the Nuclear Weapons Case
(1997) noted that a signaled intention to use force if certain
events occur could constitute a threat under article 2(4),
where the envisaged use of force would itself be unlawful.1/8/2016 www.legalemperors.com 17
18. The Corfu Channel merits decision of 1949, which arose from the
destruction of two British destroyers by mines off the Albanian
coast is the first case to consider threats of force in international
law. With regard to a claim by Albania alleging the threatening
nature of the tactical “diamond formation” adopted by the British
destroyers and other supporting vessels, the ICJ took the view, in
light of the circumstances, that the British action was threatening
but nonetheless lawful.
In Nicaragua v. United States, a 1986 case concerning support of the
Contra guerillas by the United States, the Court deemed
“assistance to rebels in the form of the provision of weapons or
logistical or other support” be a “threat or use of force”.
In the Nuclear Weapons advisory opinion of 1996, the ICJ stated
that “If the envisaged use of force is itself unlawful, the stated
readiness to use it would be a threat prohibited under Article 2,
paragraph 4 . . . . [equally] if it is to be lawful, the declared
readiness of a State to use force must be a use of force that is in1/8/2016 www.legalemperors.com 18
19. The word ‘force’ has been defined as power, violence, pressure
directed against a person or thing.
It is generally agreed among scholars that article 2(4) covers, in the
first place, the threat or use of armed or military force—i.e., the
employment by a State of its regular armed forces or of irregular
armed groups and of means and methods of warfare against
another State, its nationals, public or private property.
The reference to ‘force’ rather than ‘war’ in article 2(4) is beneficial
and thus covers situations where violence is employed, so as not to
fall short of the technical requirement of war.
The scope of Article 2(4) is indeed limited to the proscription of
armed force but, notably, this proscription also embraces the
concept of “indirect force.”
This notion of ‘Indirect Force’ generally stands for a State’s
technical or organizational involvement in an international armed
conflict ongoing between other States or in a non-international
armed conflict occurring in another State - for example, by sending
to that State armed bands, groups, irregulars or mercenaries.1/8/2016 www.legalemperors.com 19
20. Article 2(4) of the United Nations Charter creates an
obligation which was, from its inception, designed to be of a
superior legal nature.
This obligation is now binding even for the few States which
are not Members of the United Nations, given the customary
international law and jus cogens character of the Charter.
Mention must be made of Article 103 of the Charter of the
United Nations which states that “In the event of a conflict
between the obligations of the Members of the United
Nations under the present Charter and their obligations
under any other international agreement, their obligations
under the present Charter shall prevail” and Article 52 of
the Vienna Convention on the Law of Treaties 1969, which
provides that “a treaty is void if its conclusion has been
procured by the threat or use of force in the violation of the
principles of international law embodied in the Charter of
the United Nations”.1/8/2016 www.legalemperors.com 20
21. There is a general agreement that the use of force (at least
against a member of the United Nations) is allowed if
authorized or undertaken by a competent organ of the
United Nations.
In Articles 42, 43 and Article 51, the Charter recognizes
two exceptions to the prohibition of the use of force rule:
forcible enforcement measures within the framework of
the organization’s collective security system, and the right
of self-defence against armed attacks.
More specifically, Article 42 endows the Security Council
with the authority to “take such action by air, sea or land
forces as may be necessary to maintain or restore
international peace and security.”
In addition to the foregoing, the use of force may be
permitted for purposes of self determination and1/8/2016 www.legalemperors.com 21
22. The picture on the top right corner shows the Permanent Members of the
United Nations Security Council (United States of America, Britain, France,
China and Russia) and the Secretary-General – Mr. Ban Ki Moon
1/8/2016 www.legalemperors.com 22
23. In the Nicaragua Case, the international Court of Justice clearly establishes
that the right of self defence exists as an inherent right under international
law and the UN Charter.
Article 51 of the UN Charter preserves the right to use force in self-
defence “if an armed attack occurs”, until the Security Council has taken
the necessary measures to restore peace. Force may be used in self-defence
only in relation to an ‘armed attack’ whether imminent or ongoing.
The ‘armed attack’ may include not only be an attack against a state’s
territory; but also, an attack against emanations of the state such as
embassies and armed forces.
The term ‘armed attack’ has been said to include attacks of regular armed
force across an international border; sending armed personnel to carry out
acts of armed attack and activities which are usually conducted by regular
armed forces
Force in self-defence may be used only when: the attack consists of the
threat or use of force (not mere economic coercion); when the attacker has
the intention and the capability to attack; and the attack is directed from
outside territory controlled by the state.
In the case of a threatened attack, there must be an actual threat of an
attack against the defending state itself.
1/8/2016 www.legalemperors.com 23
24. Saudi Arabia, spearheading a coalition of nine Arab
states, began carrying out airstrikes in neighbouring
Yemen on 25 March 2015, heralding the start of a
military intervention codenamed Operation Decisive
Storm.
The US led invasion of Iraq in 2003. The 2003 invasion
of Iraq lasted from 19 March to 1 May 2003 and signaled
the start of the conflict that later came to be known as
the Iraq War, which was dubbed Operation Iraqi
Freedom by the United States (prior to 19 March, the
mission in Iraq was called Operation Enduring
Freedom, a carryover from the conflict in Afghanistan).
The 2014–15 Russian military intervention in Ukraine.
In 2014, Russia has made several incursions
into Ukrainian territory, thus breaking the 19941/8/2016 www.legalemperors.com 24
25. The use of force as self defence against terror
attacks is permissible as this was utilized by
the Charter States against Afghanistan for the
Taliban Regime providing bases for Al Qaeda
Organisation which bombed the World Trade
Centre in New York on Sept. 11, 2001.
This they did with the support of the
International Community and the North
Atlantic Treaty Organisation (NATO) Alliance.
1/8/2016 www.legalemperors.com 25
26. It is evident that international law has been of great
influence on the use of force in both times of armed
conflict and when armed conflict had not yet arisen.
It is hardly groundbreaking to suggest that the
international legal order is enduring the corrosion of
one of its most fundamental pillars: the prohibition on
the use of force.
The law is under challenge from increasing demands
for the use of force and for its legal validation.
We want to conclude by saying that within the
framework of International Law, the use of force
ought to be applied only as a last resort when a
conflict threatens peace and international security.
1/8/2016 www.legalemperors.com 26