28. International law and the use of force - the jus ad bellum

Instructions

Learning outcome

After completing this activity, the student should be familiar with the means and methods of warfare (ius in bello and ius ad bellum) in contemporary international environment.

Activity

Watch the lecture of Naval War College, the Department of the Navy, the Department of Defense and try to identify contemporary ways of use of force and its justifications in contemporary international law, especially in relation to humanitarian crises and protection of human rights of individuals

Introduction

A traditional way to characterise the norms that govern the laws of war is that between ‘ius ad bellum’ (the right to engage in war) and ‘ius in bello’ (the law of armed conflict, i.e., the right which applies in a state of war). This understanding seems to simply refer to the rules that determine the circumstances under which one is absolved of any fault for belligerence, and those that stipulate how one should act once a state of war is a reality. Serious problems emerge, however, once the status of these rules is critically examined, especially in the field. It is always connected with the new types of battlefield and certain conditions in the armed conflict.

Take quiz

Question 11 pts

In relation to full implementation of the UN SC resolutions in a way to restore international peace and security in relation to UN Charter, international armed forces:

Question 23 pts

In relation to UN SC resolutions, a new concept pf international humanitarian intervention was implemented in international armed conflicts. Following international actions international troops get into sovereign states with UN mandate to protect civilians and human rights laws in:

- Somalia: UNITAF and UNOSOM II (1992, 1993 missions)
- Sudan: UNMIS (20015 and 2006 missions)
- Libya, Odyssey Dawn, Unified Protector (2011 mission)
- Liberia: ECOWAS (1991 and 1992 missions)
- Sierra Leone: ECOWAS (1997 mission)

In some conflicts the concept of humanitarian intervention was not applied, the UN and international community is often criticised for action with no approval of UN SC (Federal Republic of Yugoslavia in 1999) and in cases of lack of action or late action (Rwanda in 1994, Darfur 2003-2010).

Answer which of the following statements are true in relation to IHL: