{"title":"当援助或协助使用武力转变为间接使用武力时","authors":"C. Schaller","doi":"10.1080/20531702.2023.2249347","DOIUrl":null,"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":0.0000,"publicationDate":"2023-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"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\":null,\"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\":0.0000,\"publicationDate\":\"2023-08-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal on the Use of Force and International Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20531702.2023.2249347\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal on the Use of Force and International Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20531702.2023.2249347","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
When aid or assistance in the use of force turns into an indirect use of force
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.