Chapter 14: Use of force

A video tutorial from author Gleider Hernández introducing the topics in chapter 14 of International Law

Key points for reflection:

  • Historical use of force/war as an instrument of foreign policy, conquest of territory, even destruction of other party
  • 1919 League Covenant, 1929 Kellogg-Briand Pact gradually prohibited armed force; culminated in UN Charter prohibition
  • Charter exceptions:
    1. Consent of the State in which operations are taken
    2. Self-defence
    3. Collective security pursuant to Security Council decision
  • Contested doctrines:
  • ‘Humanitarian intervention’: armed intervention to protect civilian lives despite no Security Council approval
  • ‘Responsibility to Protect’: attempt to impose preventive obligations but retreat from humanitarian unilateralism
  • Peacekeeping by the UN or regional organisations