Military assistance on request and general reasons against force: consent as a defence to the prohibition of force

Paddeu, Federica

doi:10.1080/20531702.2020.1805963

Cited by 5 publications

(5 citation statements)

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“…In other words, assistance to a 'military intervention by invitation' is within the confines of the present analysis. 102 While the legal classification of consensual use of force as falling outside the prohibition or as an exception to the prohibition is debatable, 103 for the purposes of this analysis, it is sufficient that force is used in international relations as a matter of fact.…”

Section: ) 'Inter-state' Assistancementioning

confidence: 99%

Chapter 1 Interstate Assistance to the Use of Force – The Framework of the Book

Nußberger

2023

Interstate Assistance to the Use of Force

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Framework of the Book "We must be the great arsenal of democracy", 1 Franklin D Roosevelt announced on December 29, 1940, at a time when National Socialist Germany had occupied much of Europe and the United Kingdom was increasingly under pressure from the Germans. Winston Churchill proclaimed: "Give us the tools, and we will finish the job. " 2 Soon thereafter, what had been a figurative slogan became reality. The US launched the Lend-Lease program. It still kept clear of the actual fighting. But it was supplying substantial military aid to allied States fighting National Socialist Germany. It literally became the 'arsenal' of States defending democracy against National Socialist Germany. Josef Stalin later noted at a dinner in Tehran "[w]ithout American production, the United Nations could never have won the war. " 3 46 years later, in 1986, the United States conducted airstrikes against Libya in an operation that has been described as the "longest and most demanding combat mission" in US military history. 4 The reason: European and regional States had denied their support, neither allowing American aircraft overflight nor refueling. In 2019, a German court determined that American drone strikes in Yemen are only made possible due to the use of a relay station based in Ramstein, Germany. 5 Recently, the involvement of third States in the Ukraine conflict defines the ongoing war.Interstate assistance to use of force matters. These four examples are no exception. In fact, it is rare for States to use force in their international relations without assistance from another State. In view of a use of force, States cooperate. States provide each other with security assistance, long before they resort to force, by training soldiers, exporting arms, or joining

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Section: ) 'Inter-state' Assistancementioning

confidence: 99%

Chapter 1 Interstate Assistance to the Use of Force – The Framework of the Book

Nußberger

2023

Interstate Assistance to the Use of Force

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“…With respect to the latter, Federica Paddeu has argued that since Article 2(4) proclaims that uses of force inconsistent with the Purposes of the United Nations are unlawful and one of those Purposes is the maintenance of international peace and security, an expansion of the concept of international peace and security also broadens the scope of the prohibition of the use of force. 142 A more obvious implication for collective security is a possible expansion of the interpretation of 'threat to the peace' if the term 'peace' is interpreted in a consistently broad manner. Sections II and III already discussed the relationship between these two concepts, which, though distinct and giving rise to distinct legal consequences, have not been consistently differentiated in the Council's practice.…”

Section: Implications For Collective Security Frameworkmentioning

confidence: 99%

COVID-19 and the Scope of the UN Security Council’s Mandate to Address Non-Traditional Threats to International Peace and Security

Pobjie¹

2021

ZaöRV / HJIL

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In Resolution 2532 (2020), the UN Security Council characterised the COVID-19 pandemic as an endangerment to international peace and security and, for the first time, demanded a general ceasefire and humanitarian pause in armed conflicts across the globe. This article analyses the resolution and its broader implications. In particular, it examines the significance of the Council’s characterisation of the COVID-19 pandemic, the binding powers of the Security Council for addressing threats to international peace and security which are not ‘threats to the peace’, and the implications for the Council’s mandate and the collective security framework. This article argues that the concept of ‘international peace and security’ under Article 24(1) of the United Nations (UN) Charter – rather than Article 39 ‘threats to the peace’ – is fundamental to the delimitation of the Security Council’s mandate and powers for addressing non-traditional threats to international peace and security such as pandemics and the climate crisis.

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“…State responsibility out for a stroll in order to determine whether consent was "a defense or part of the definition of the prohibition of force" (Paddeu, 2020), even if the key point of that piece is only tangent to the discussion proposed here, her conclusion serves as the perfect starting point of this paper: any use of force which is inconsistent with the UN Charter system is illegal and consent (or necessity in this case) is a defense -or a justification-to exclude responsibility for the breach. Therefore, and in the interest of safeguarding the territorial integrity and political independence of the defending State, recourse must be had to already existing valid law if self-defense is to be claimed against NSAs in the territory of a third State without its consent, and the UN Charter and international law are to be upheld at all.…”

Section: Moisés Montiel Mogollónmentioning

confidence: 99%

“…From its debut in classical law systems and to this day, the state of necessity is indicative of the general unlawfulness of the action taken in the specific context in a logic akin to that of justifications or excuses (Paddeu, 2020). However, recourse to it is justified insofar as it seeks to protect a more valuable interest than the one being harmed.…”

Section: Moisés Montiel Mogollónmentioning

confidence: 99%

“…To the best of current knowledge (Haque, 2021) (Modirzadeh, 2021) there is no normative enshrinement of the right selfdefense against non-State actors operating from the territory of a third-State without the need for consent of the territorial State (Paddeu, 2020) (1) that is generally accepted or free from contestation. As last February's Security Council Arria-formula meeting (2) made evident, the articulations of normativity are not enough in number or magnitude to show a customary extension of the right enshrined in article 51 of the UN Charter , and State practice is far from general or consistent.…”

Section: Introductionmentioning

confidence: 99%

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The Plea of State of Necessity: A palatable normative framework for extraterritorial self-defense against Non-State Actors

Mogollón

2021

IUSETVERITAS

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The UN Charter law governing self-defense is inadequate to address emerging modalities of armed violence caused by non-State actors located in the territory of non-consenting third States. This paper offers an alternative grounded in the state of necessity as a circumstance excluding wrongfulness as per the law of State responsibility. The contention is that in integrating the rationale behind necessity as an excuse for non-performance of obligations and the conditions and processes under article 51 of the UN Charter, the law allows for an exercise of extraterritorial self-defense against non-State actors which safeguards the territorial State’s sovereignty and the need for a legal alternative of defense for the defending State without toeing the line of aggression.

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Military assistance on request and general reasons against force: consent as a defence to the prohibition of force

Cited by 5 publications

References 0 publications

Chapter 1 Interstate Assistance to the Use of Force – The Framework of the Book

Chapter 1 Interstate Assistance to the Use of Force – The Framework of the Book

COVID-19 and the Scope of the UN Security Council’s Mandate to Address Non-Traditional Threats to International Peace and Security

The Plea of State of Necessity: A palatable normative framework for extraterritorial self-defense against Non-State Actors

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