International Law Essays (30173 words) - , Term Papers

International Law ILP WP 05/01 PRINCIPLES OF INTERNATIONAL LAW ON THE USE OF FORCE BY STATES IN SELF- DEFENCE This publication contains: I Principles of International Law on Self-Defence II The list of participants III The responses to the Questionnaire Elizabeth Wilmshurst October 2005 Introduction The purpose of this study is to provide a clear statement of the rules of international law governing the use of force by states in self-defence. The rules are being challenged in the light of what are seen as new threats from terrorism and from the possession of weapons of mass destruction, and there has been controversy as to whether they need revision or redefinition. The study was prompted by various statements and actions by states, recent developments in the United Nations and by decisions of the International Court of Justice. In the resolution incorporating the Outcome of the World Summit in September 2005 the UN General Assembly affirmed that the relevant provisions of the UN Charter are sufficient to address the full range of threats to international peace and security, and has reaffirmed the authority of the Security Council to mandate coercive action to maintain and restore peace and security. But the resolution did not deal with the question as to when it is lawful for a state to use force in the exercise of its inherent right of self-defence. This study was undertaken because we believe that, in the light of current challenges, it is of importance to world order that there be clarity and understanding about the relevance and application of international law to the use of force by states. A questionnaire was sent to a small group of international law academics and practitioners and international relations scholars in this country, asking for their views on the criteria for the use of force in self- defence. At a meeting at Chatham House the participants discussed a paper which had been drawn up on the basis of the responses to the questionnaire. Following that meeting a set of Principles was prepared by the International Law Programme at Chatham House. They are put forward here with the intention of contributing to discussion and comment. Readers are encouraged to communicate any views and reactions. Depending upon the outcome of this stage of the study, further meetings may be held and the Principles further refined. While the Principles are intended to give a clear representation of the current principles and rules of international law, the law in this area is politically and legally contentious, and the interpretation of the Principles and their application to particular cases will rarely be without difficulty. The Principles do not necessarily represent the views of all the participants in the study. Comments are invited on the Principles. Any comments should be addressed to Iwona Newton at Chatham House ([emailprotected]). Participants Sir Franklin Berman QC is a barrister at Essex Court Chambers and Visiting Professor of International Law at the Universities of Oxford and Cape Town; formerly Legal Adviser at the Foreign & Commonwealth Office. Daniel Bethlehem QC is Director of the Lauterpacht Centre for International Law at the University of Cambridge, and barrister at 20 Essex Street, London. James Gow is Professor of International Peace and Security, and Co-Director of the International Peace and Security Programme, King's College London. Christopher Greenwood QC is Professor of International Law at the London School of Economics and Political Science, and a barrister at Essex Court Chambers. Vaughan Lowe holds the chair of Chichele Professor of Public International Law, is a Fellow of All Souls College, University of Oxford, and a barrister at Essex Court Chambers. Sir Adam Roberts holds the chair of Montague Burton Professor of International Relations and Fellow of Balliol College, University of Oxford. Philippe Sands QC is Professor of Law and Director of the Centre of International Courts and Tribunals at University College London, and is a barrister at Matrix Chambers. Malcolm Shaw QC is Sir Robert Jennings Professor of International Law at the University of Leicester, and is a barrister at Essex Court Chambers. Gerry Simpson is a Reader in the Department of Law at the London School of Economics and Political Science. Colin Warbrick is Professor of Law at the University of Durham. Nicholas Wheeler is Professor in the Department of International Politics at the University of Wales, Aberystwyth. Elizabeth Wilmshurst is senior fellow, international law, at Chatham House. Sir Michael Wood is the Legal Adviser at the Foreign & Commonwealth Office. PRINCIPLES OF INTERNATIONAL LAW ON SELF-DEFENCE The Charter of the United Nations prohibits the use of force against another state except where the Security Council has authorised the use of force to maintain or restore international