NATO, the UN and the use of force: legal aspects

Simma, Bruno

doi:10.1093/ejil/10.1.1

Cited by 348 publications

(49 citation statements)

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“…However, as noted above, which UN military interventions are legitimate remains unclear (e.g., Hoge, 2008). On the one hand, the present findings might seem irrelevant concerning the debate about the legitimacy of UN decisions and resolutions (e.g., Caron, 1993;Hurd, 2008;Popovski & Turner, 2008), given that the Security Council decisions on the use of force are based on an international legal framework (see Cassesse, 1999;Simma, 1999;the UN Charter;articles 39, 41, & 42;Voeten, 2005;Weston, 1991; see also Malone & Khong, 2003). On the other hand, however, the present findings suggest that notwithstanding its legal bases, the perceived public legitimacy of UN interventions appears to be variable, at least among citizens of Western countries, which is paradoxically understudied.…”

Section: Discussionmentioning

confidence: 79%

Do all lives have the same value? Support for international military interventions as a function of political system and public opinion of target states

Falomir‐Pichastor

Pereira

Staerklé

et al. 2011

Group Processes & Intergroup Relations

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This research examined the support for international military interventions as a function of the political system and the public opinion of the target country. In two experiments, we informed participants about a possible military intervention by the international community towards a sovereign country whose government planned to use military force against a secessionist region. They were then asked whether they would support this intervention whilst being reminded that it would cause civilian deaths. The democratic or nondemocratic political system of the target country was experimentally manipulated, and the population support for its belligerent government policy was either assessed (Experiment 1) or manipulated (Experiment 2). Results showed greater support for the intervention when the target country was nondemocratic, as compared to the democratic and the control conditions, but only when its population supported the belligerent government policy. Support for the external intervention was low when the target country was democratic, irrespective of national public opinion. These findings provide support for the democracy-as-value hypothesis applied to international military interventions, and suggest that civilian deaths (collateral damage) are more acceptable when nondemocratic populations support their government's belligerent policy.

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Section: Discussionmentioning

confidence: 79%

Do all lives have the same value? Support for international military interventions as a function of political system and public opinion of target states

Falomir‐Pichastor

Pereira

Staerklé

et al. 2011

Group Processes & Intergroup Relations

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“…Following Operation Allied Force the need for fundamental legal reform was stressed by certain observers uncomfortable with the permissibility of "illegal but legitimate" action (Simma 1999;Joyner 2002;Guicherd 1999). Many preferred to find some means to reconcile the two; indicatively Michael Burton asked, "Why saddle legitimate intervention with the stigma of illegality?…”

Section: Positive Legal Reform?mentioning

confidence: 99%

NATO's “Humanitarian Intervention” in Kosovo: Legal Precedent or Aberration?

Hehir¹

2009

Journal of Human Rights

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“…Let us take a different point of comparison: this time the use of force during the Kosovo crisis and in Afghanistan. In the case of neither Kosovo (Simma, 1999) nor Afghanistan (O'Connell, 2002) was the legality of the US use of force clear-cut and yet on both occasions US actions were, certainly within the US and its allies, widely regarded as legitimate. The UK Select Committee on Foreign Affairs had concluded in 2000 that Operation Allied Force had been legally questionable, but even this had not led to a public conviction that it had been wrong.…”

Section: Existing Assumptions Regarding the Place Of International Lamentioning

confidence: 99%

Does Legality Really Matter? Accounting for the Decline in US Foreign Policy Legitimacy Following the 2003 Invasion of Iraq

Scott¹,

Ambler

2007

European Journal of International Relations

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The perceived legitimacy of US foreign policy plummeted in the wake of the US-led 2003 invasion of Iraq. Most commentators would agree that international law, or at least US actions in relation to international law, had something to do with this decline. But, what the recent debate as to how best to restore US legitimacy has starkly revealed, is that we know little as to just how international law accords legitimacy to certain foreign policy endeavours. While the legality of the action may have much to do with it, the relationship between international law, foreign policy and legitimacy appears to be more complex than is suggested by a straightforward legal–illegal categorization of behaviour. A theorization of international law as ideology can provide an overall explanation of the role of international law in the decline in US foreign policy legitimacy following the invasion of Iraq.

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NATO, the UN and the use of force: legal aspects

Cited by 348 publications

References 0 publications

Do all lives have the same value? Support for international military interventions as a function of political system and public opinion of target states

Do all lives have the same value? Support for international military interventions as a function of political system and public opinion of target states

NATO's “Humanitarian Intervention” in Kosovo: Legal Precedent or Aberration?

Does Legality Really Matter? Accounting for the Decline in US Foreign Policy Legitimacy Following the 2003 Invasion of Iraq

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