Journal on the Use of Force and International Law最新文献

{"title":"Quashing protests abroad: The CSTO’s intervention in Kazakhstan","authors":"Florian Kriener, Leonie Brassat","doi":"10.1080/20531702.2023.2266913","DOIUrl":"https://doi.org/10.1080/20531702.2023.2266913","url":null,"abstract":"The Collective Security Treaty Organization’s military intervention in Kazakhstan in January 2022 quashed the unfolding nonviolent protest movement in the country. Nonetheless, the intervention raised few concerns with regard to the prohibition of the use of force in international law. Among states and scholars, the invitation issued by the Kazakh president was regarded as sufficient to justify the intervention. This article critically assesses this understanding. The intervening states limited the Kazakh people’s right to self-determination and violated protesters’ human rights. Against this backdrop, the authors develop an argument for why international law prohibits states from intervening in another state in order to quash nonviolent protest movements. While the intervention in Kazakhstan serves as the primary example, the argument also applies more broadly and is of particular importance as nonviolent protest movements have a central role in spreading democracy and advancing human rights.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"24 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135510907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Intervention by invitation and the scope of state consent","authors":"Russell Buchan, Nicholas Tsagourias","doi":"10.1080/20531702.2023.2270264","DOIUrl":"https://doi.org/10.1080/20531702.2023.2270264","url":null,"abstract":"In July 2023, the democratically elected president in Niger was overthrown in a military coup. The ousted president called on the international community to help restore democracy in Niger and ECOWAS threatened to use force to achieve this objective. This article explores whether ECOWAS’s threat of force was lawful under international law on the basis of the doctrine of intervention by invitation and considers two possible grounds. First, given Niger’s membership of ECOWAS and the AU, it examines whether Niger has consented to intervention under these organisations’ constitutive agreements. Second, it assesses whether Niger’s deposed democratic president can provide ad hoc consent to intervention on the basis of his government’s democratic credentials even though it does not exercise effective control over Niger’s territory and population. More generally, this article uses Niger as a springboard to elaborate on when consent can be invoked as a justification for military intervention.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135729118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Anticipatory consent to military intervention: analysis in the wake of the coup d’état in Niger in 2023","authors":"Svenja Raube","doi":"10.1080/20531702.2023.2270283","DOIUrl":"https://doi.org/10.1080/20531702.2023.2270283","url":null,"abstract":"ABSTRACTFollowing the coup d’état in Niger on 26 July 2023, the situation in Niger remains tense. However, it is not the coup against a democratically elected government itself that attracts attention from an international law perspective, but the threat by the Economic Community of West African States (ECOWAS) to intervene militarily in Niger to restore the pre-coup balance of power. The international legal assessment of ECOWAS’s threat to use force not only raises common questions within the doctrine of ‘intervention by invitation’, but also highlights the relevance of a problem about which there is little clarity in international legal doctrine – the problem of forward-looking intervention treaties containing anticipatory invitations. Using the case of Niger as a starting point, this article aims to examine the legal concept of anticipatory intervention treaties in the jus ad bellum, before ultimately applying the results of this legal analysis to the case of Niger.KEYWORDS: Use of forceJus ad bellumintervention by invitationanticipatory invitationtreaty-based consentcoup d’état AcknowledgementsThe author would like to thank Claus Kreß for his invaluable comments on previous drafts, as well as James A Green and Marcus Hickleton for their helpful remarks and editorial guidance.Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1 Sarah Dean, Niamh Kennedy and Larry Madowo, ‘Niger soldiers claim power after president’s own guards reportedly seize him’, CNN (27 July 2023) https://edition.cnn.com/2023/07/26/africa/niger-presidency-attempted-coup-intl/index.html.2 Peter Beaumont, ‘Gabon military officers declare coup after Ali Bongo wins disputed election’, The Guardian (31 August 2013) www.theguardian.com/world/2023/aug/30/gabon-coup-military-takeover-gabonese-election-disputed.3 The coup d’état in Gabon was the first in recent years in a member state of the Economic Community of Central African States (ECCAS). ECCAS condemned the coup on 31 August 2023 and announced that an ECCAS Peace and Security Council will be convened soon to discuss the issue: ECCAS, ‘Communique sur la Situation Politique au Gabon’ (30 August 2023) https://ceeac-eccas.org/2023/08/31/communique-sur-la-situation-politique-au-gabon/. The AU has suspended Gabon’s membership in the AU: see African Union, ‘Communique of the 1172nd of the PSC held on 31 August 2023, on the situation in the Republic of Gabon’ (31 August 2023) https://peaceau.org/en/article/communique-of-the-1172nd-of-the-psc-held-on-31-august-2023-on-the-situation-in-the-republic-of-gabon. To the fact, however, that ECCAS’s ability to have an impact on the situation may be limited due to its close ties to Gabon, see Alexander Hudson and David Towriss, ‘Two More Coups in Africa: Similarities, Differences, and What Comes Next’, International Institute for Democracy and Electoral Assistance (5 September 2023) www.idea.int/blog/two-more-coups-africa-similarities-differences-and-what","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135883964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The war in Ukraine and legal limitations on Russian vetoes","authors":"Anne Peters","doi":"10.1080/20531702.2023.2264085","DOIUrl":"https://doi.org/10.1080/20531702.2023.2264085","url":null,"abstract":"A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These norms generate a legal responsibility of all Security Council members to treat such vetoes as abusive and therefore as an abstention.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136063667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Digest of state practice: 1 January – 30 June 2023","authors":"General Editors: Agata Kleczkowska, Seyfullah Hasar","doi":"10.1080/20531702.2023.2266180","DOIUrl":"https://doi.org/10.1080/20531702.2023.2266180","url":null,"abstract":"Click to increase image sizeClick to decrease image size Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1 See the records of the UNSC meetings: UNSC Verbatim Record, UN Doc S/PV.9241 (12 January 2023); UN Doc S/PV.9241 (Resumption 1) (12 January 2023); Un Doc S/PV.9243 (13 January 2023); UN Doc S/PV.9245 (17 January 2023); UN Doc S/PV.9254 (6 February 2023); UN Doc S/PV.9256 (8 February 2023); UN Doc S/PV.9262 (17 February 2023); UN Doc S/PV.9268 (23 February 2023); UN Doc S/PV.9269 (24 February 2023); UN Doc S/PV.9280 (14 March 2023); UN Doc S/PV.9286 (17 March 2023); UN Doc S/PV.9300 (31 March 2023); UN Doc S/PV.9301 (10 April 2023); UN Doc S/PV.9308 (24 April 2023); UN Doc S/PV.9308 (Resumption 1) (24 April 2023); UN Doc S/PV.9316 (4 April 2023); UN Doc S/PV.9321 (15 May 2023); UN Doc S/PV.9325 (18 May 2023); UN Doc S/PV.9334 (30 May 2023); UN Doc S/PV.9340 (6 June 2023); UN Doc S/PV.9364 (29 June 2023). See also the records of the UNGA 11th emergency special session: UN Doc A/ES-11/PV.17 (22 February 2023), UN Doc A/ES-11/PV.18 (23 February 2023) and UN Doc A/ES-11/PV.19 (23 February 2023). See also G7 Japan 2023, ‘Foreign Ministers’ Communiqué’ (18 April 2023) www.mofa.go.jp/files/100492731.pdf.2 UNGA Res ES-11/6, UN Doc A/RES/ES-11/6 (23 February 2023).3 Ibid, preamble.4 Ibid, para 5.5 UN Doc A/ES-11/PV.19 (n 1) 8.6 UN Doc S/PV.9301 (n 1) 21.7 UN Doc S/PV.9364 (n 1) 13.8 UN Doc S/PV.9243 (n 1) 19; UN Doc S/PV.9269 (n 1) 5. See also President of the Republic of Poland, ‘Joint declaration by Presidents of Ukraine, Poland and Lithuania’ (11 January 2023) www.president.pl/news/joint-declaration-by-presidents-of-ukraine-poland-and-lithuania,63122.9 UN Doc S/PV.9256 (n 1) 7.10 UN Doc S/PV.9243 (n 1) 20.11 UN Doc S/PV.9243 (n 1) 21; UN Doc A/ES-11/PV.18 (n 1) 10, 13; UN Doc S/PV.9254 (n 1) 20; UN Doc S/PV.9269 (n 1) 35; ibid, 29; UN Doc S/PV.9340 (n 1) 15; UN Doc A/ES-11/PV.17 (n 1) 17.12 UN Doc S/PV.9269 (n 1) 34.13 UN Doc A/ES-11/PV.18 (n 1) 20.14 UN Doc A/ES-11/PV.17 (n 1) 15.15 Ibid, 30–31.16 See, also, Letter dated 17 January 2023 from the Permanent Representative of the Islamic Republic of Iran to the United Nations addressed to the President of the Security Council, UN Doc S/2023/46 (18 January 2023).17 See, e.g. statements made by Switzerland (UN Doc S/PV.9243 (n 1) 8); Poland (UN Doc S/PV.9243 (n 1) 20); Ukraine (UN Doc S/PV.9243 (n 1) 18); Lithuania, Latvia, Estonia, Denmark, Finland, Iceland, Sweden, Norway (UNSC Verbatim Record, UN Doc S/PV.9357 (23 June 2023) 20; UN Doc S/PV.9254 (n 1) 19; UN Doc S/PV.9300 (n 1) 21; UN Doc S/PV.9269 (n 1) 28); UK (UN Doc S/PV.9243 (n 1) 16); Luxemburg (UN Doc S/PV.9243 (n 1) 31); and Albania (UN Doc S/PV.9300 (n 1) 3).18 ‘Belarus leader says he wants guarantees that Russia will defend his country if it is attacked’, Reuters (10 April 2023) www.reuters.com/world/europe/belarus-leader-says-he-wants-guarantees-that-russia-will-defend-his-country-if-2023-04-10/.19","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136294761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"When aid or assistance in the use of force turns into an indirect use of force","authors":"C. Schaller","doi":"10.1080/20531702.2023.2249347","DOIUrl":"https://doi.org/10.1080/20531702.2023.2249347","url":null,"abstract":"ABSTRACT This article explores when aiding or assisting another state in the use of force against a third state may turn into a ‘use of force’ within the meaning of Article 2(4) of the UN Charter. The provision of weapons to a belligerent state is usually not considered to pass this threshold. But one can imagine extreme cases where it is appropriate to assume that Article 2(4) is implicated. This article argues that a contribution that directly materialises in another state’s direct use of force against a third state, and is essential to that use of force, should be treated as an indirect use of force if the contributing state itself intends to force the will of the third state. Military support to Ukraine has come to a point where these criteria would be met.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49595580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction to issue 10(2)","authors":"James A. Green, Christian Henderson, T. Ruys","doi":"10.1080/20531702.2023.2272353","DOIUrl":"https://doi.org/10.1080/20531702.2023.2272353","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"59 1","pages":"159 - 161"},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction to issue 10(1)","authors":"T. Ruys","doi":"10.1080/20531702.2023.2202448","DOIUrl":"https://doi.org/10.1080/20531702.2023.2202448","url":null,"abstract":"Welcome to this lustrum edition of the Journal on the Use of Force and International Law, now in its tenth year of publication.More than one year after the launchof Russia’s ‘specialmilitary operation’ in February 2022,we continue to put the spotlight on a range of jus ad bellum issues, both of a thematic nature as well as linked to specific armed confrontations, such as that mentioned above. Our issue opens with an editorial by co-editor-in-chief James Green, who observes how many western states have provided significant amounts of weapons as well as logistical aid toUkraine since early 2022. Green specifically poses the question whether such assistance qualifies as a ‘use of force’ in the sense of Article 2(4) UN Charter (on the assumption that, if this were to be the case, it would constitute a lawful exercise of collective self-defence). While some scholars have answered the question in the affirmative, and a few supporting states have expressly invoked the doctrine of self-defence, Green ultimately remains sceptical that the mere provision of weapons or logistical support triggers the application of the prohibition on the use of force. Next, Işıl Aral examines how international law scholars construct their arguments when they argue for the emergence of a new customary norm. In particular, the author examines democratic governance discourses to analyse the way in which scholars resort to the involvement of the Security Council as a narrative technique that provides persuasiveness to their argument. Aral does so by examining how scholars have reiterated the same interpretation regarding the Security Council’s involvement in the post-election crises in Haiti, Sierra Leone and Côte d’Ivoire, and by construing these precedents as forming part of a cumulative practice. In turn, Chloe Goldthorpe examines ongoing debates over the ‘armed attack’ requirement under Article 51 of the UN Charter from a ‘TWAIL’ perspective. Put differently, Goldthorpe uses insights from ‘Third World Approaches to International Law’ to analyse state-issued statements on the right of self-defence, contending that such conclusions result from academic approaches that not only over-privilege the limited practice of a few states, but also do not sufficiently consider inherent bias within the construction","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"10 1","pages":"1 - 2"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45949514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Digest of state practice: 1 July – 31 December 2022","authors":"Jasmin Johurun Nessa, Seyfullah Hasar, Agata Kleczkowska","doi":"10.1080/20531702.2023.2196208","DOIUrl":"https://doi.org/10.1080/20531702.2023.2196208","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"10 1","pages":"104 - 152"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47968349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The armed attack requirement and customary international law: whose views count?","authors":"Chloe Goldthorpe","doi":"10.1080/20531702.2023.2180905","DOIUrl":"https://doi.org/10.1080/20531702.2023.2180905","url":null,"abstract":"ABSTRACT Since the inception of the UN Charter, the specific parameters of an ‘armed attack’ triggering the right of states to use force in self-defence has been the subject of much academic discussion. Debate has intensified over the past two decades, with claims that state actions in the context of counter-terrorism have loosened the armed attack definition previously outlined by the International Court of Justice. This article explores how aspects of TWAIL insights on customary international law could be used to deepen the current debate on the armed attack requirement. Through analysis of opinio juris made outside the context of individual conflict events, it is argued that current debate favours perspectives of those more willing and able to use military force, with apparent geographical trends. Further, it is contended that greater consideration is needed of whose voices – both between and within states – are reflected within debates on the armed attack requirement.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"10 1","pages":"49 - 73"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47751973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}