Use of force
Use of force is a politically sensitive and legally undetermined topic. It is therefore not surprising that it constitutes a highly controversial issue. During the Cold War, various critical debates about the legality of military interventions (Korea, Vietnam, Nicaragua, Palestine, Afghanistan) were prevalent. These controversies did not disappear in the 1990s (Yugoslavia) nor in the 2000s (Afghanistan, Iraq, Israel/Lebanon, Russia/Georgia, among others). A general assessment of the numerous books and articles dedicated to this issue reveals a deep ambivalence. On the one hand, no one really contests that the use of force is strictly forbidden in contemporary international law. This prohibition is recognized as a core rule of the law of nations, and even a rule of imperative international law (jus cogens). Indeed, it seems difficult to conceive any kind of legal order without at least affirming that its subjects cannot attack one another. The prohibition of the use of force is also logically linked to the notion of external sovereignty, aiming both at protecting the identity and the personality of every state and at preserving individuals “from the scourge of war” (preamble of the UN Charter). On the other hand, there are, to say the least, a great variety of interpretations of the rule. Are collective security and self-defense the only exceptions in allowing states to use force? Is the Security Council the only authority able to authorize states to use force? Under what conditions are states able to invoke self-defense? Those questions seem difficult to address, as the conventional sources are rather limited: Article 2(4) and Chapters VII and VIII of the UN Charter are far from providing explicit answers to all the questions raised. Thus, the answers can be found mainly in customary international law, with all the difficulties surrounding the task of establishing that law.
Extraterritorial Use of Force Against Non-State Actors
Introduction PART I: THE INTER-STATE RELATIONSHIP: EXTRATERRITORIAL USE OF FORCE AND SELF-DEFENCE AGAINST NON-STATE ACTORS 1. The Possibility of Self-Defence Against Non-State Actors 2. The Parameters of Self-Defence 3. Measures Taken Outside the Self-Defence Framework Part I Conclusion PART II: INTERNATIONAL HUMANITARIAN LAW 4. Force Against Non-State Actors as Armed Conflict 5. Non-Traditional Models of Armed Conflict 6. Status of Individuals and the Regulation of Force Part II Conclusion PART III: INTERNATIONAL HUMAN RIGHTS LAW 7. The Principal Practices and Primarily Affected Rights 8. Extraterritorial Applicability of Human Rights Law 9. Concurrent Applicability of International Humanitarian Law and International Human Rights Law Part III Conclusion Concluding Chapter
Arab Uprisings and the Outstanding Return to Democracy: Tunisia as a Model
In the wake of the Middle Eastern crises, the Tunisian case in focus has been doted as a unique phenomenon being that it was the Genesis of the revolution that ultimately spread across the Middle East like wild fire, but has eventually heralded a new dawn as democracy has incidentally returned to the Empire. This literature therefore looks closely at the extent to which the ‘DignityRevolution’ has been instrumental in the Middle East uprisings, which have brought an end to dynastic autocracies. The literature zeros in on the Tunisian uprising which has attracted global concerns, sympathy and has sparked interests in the international arena. The literature finds that the people hold colossal prospect in the uprising and its resultant effect, as it paved the way for the revolutionist to generate, gather and disseminate information on the condition of the entire region to the international community. The people in this context were of utmost importance and played a very crucial role in the creation of awareness, mobilization of protesters and utmost determining the direction of the uprising and also ensuring a speedy return to democratic rule. The paper submits that the role of the people in ensuring that the ruins of the uprising is not left littering around and democracy restored is highly commendable and should be a model for all other Arab countries involved in the revolution.