By Aiden Warren, Ingvild Bode (auth.)
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Extra info for Governing the Use-of-Force in International Relations: The Post 9/11 US Challenge on International Law
The principle of necessity requires that force be used in self-defense only as a last resort, after all reasonable non-forcible measures have been considered. That is, efforts must be made to resolve disagreements between states in a peaceful fashion before any acts of force are undertaken. 91 The primary rationale of the world organization is articulated in Article 1(1) – that being, “to maintain international peace and security, and to that end . . ”92 It is in this light that member states are required under Article 2(3) to pursue the peaceful settlement of disputes that might arise between them.
In terms of necessity, there are two core components: the use-of-force in selfdefense must be the ﬁnal resort after all other “reasonable” non-forcible actions have been weighed up and immediacy requires that anticipatory force be used only to impede an impending attack in which there is an obvious and overwhelming threat. The condition of proportionality stipulates that the force used in self-defense must be commensurate with the predicate armed attack. This can be measured via one of three approaches: (a) the equivalent retaliation approach, (b) the cumulative proportionality approach and (c) the deterrent proportionality approach.
92 It is in this light that member states are required under Article 2(3) to pursue the peaceful settlement of disputes that might arise between them. ”93 The Security Council may involve itself at any period in the dispute via its powers of investigation (Article 34) and recommendation (Articles 36 to 38). In contrast to the Security Council assertion under Chapter VII, Council 36 Governing the Use-of-Force in International Relations suggestions in this context are not obligatory upon members.
Governing the Use-of-Force in International Relations: The Post 9/11 US Challenge on International Law by Aiden Warren, Ingvild Bode (auth.)