International Law and the Use of Force
Anteprima |
This
book explores the large and controversial subject of the use of force
in international law. It examines not only the use of force by states
but also the role of the UN in peacekeeping and enforcement action, and
the increasing role of regional organizations in the maintenance of
international peace and security. The UN Charter framework is under
challenge. Russia's invasion of Georgia and intervention in Ukraine, the
USA's military operations in Syria, and Saudi Arabia's campaign to
restore the government of Yemen by force all raise questions about the
law on intervention. The 'war on terror' that began after the 9/11
terrorist attacks on the USA has not been won. It has spread far beyond
Afghanistan: it has led to targeted killings in Pakistan, Somalia, and
Yemen, and to intervention against ISIS in Iraq and Syria. Is there an
expanding right of self-defence against non-state actors? Is the use of
force effective? The development of nuclear weapons by North Korea has
reignited discussion about the legality of pre-emptive self-defence. The
NATO-led operation in Libya increased hopes for the implementation of
'responsibility to protect', but it also provoked criticism for
exceeding the Security Council's authorization of force because its
outcome was regime change. UN peacekeeping faces new challenges,
especially with regard to the protection of civilians, and UN forces
have been given revolutionary mandates in several African states. But
the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is
not suited to counter-terrorism or enforcement operations; the UN
should turn to regional organizations such as the African Union as first
responders in situations of ongoing armed conflict.