Quick questions on Responses to conflict: jus ad bellum and jus in bello: HSC Legal Studies

Article 2(4) of the Charter of the United Nations 1945 is the foundational rule:

International humanitarian law (IHL) regulates the conduct of armed conflict. The two streams:

Endorsed by the UN World Summit Outcome Document, UN General Assembly Resolution 60/1 (2005), paragraphs 138-140. R2P has three pillars:

Russia v Ukraine (from 24 February 2022). A clear breach of article 2(4). UN General Assembly Resolution ES-11/1 (2 March 2022) condemned the invasion. The International Court of Justice issued a provisional measures order on 16 March 2022 ordering Russia to suspend military operations. The International Criminal Court issued an arrest warrant for Vladimir Putin in March 2023 in relation to the alleged unlawful deportation of children from Ukraine.

Strengths. The Charter framework has held since 1945; major-power war among the P5 has been avoided; the Geneva Conventions have universal ratification; the ICC and ICJ are now active.

A state has the inherent right of individual or collective self-defence if an armed attack occurs. The use of force in self-defence must be reported to the Security Council and ceases when the SC has taken measures necessary to maintain international peace and security.

Articles 39-42. The SC may determine that there is a threat to or breach of the peace and authorise enforcement action, including the use of force (article 42). Examples: the Korean War (SC Resolution 84 (1950)); the Gulf War (SC Resolution 678 (1990)); Libya (SC Resolution 1973 (2011)).

Rules on the means and methods of warfare (e.g. the prohibition on certain weapons; rules on combatant status).

Rules on the protection of persons hors de combat (out of the fight). The four Geneva Conventions 1949 are:

A clear breach of article 2(4). UN General Assembly Resolution ES-11/1 (2 March 2022) condemned the invasion. The International Court of Justice issued a provisional measures order on 16 March 2022 ordering Russia to suspend military operations.

The International Court of Justice in South Africa v Israel (Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip) issued a provisional measures order on 26 January 2024 finding it plausible that Israel's actions could constitute a breach of the Genocide Convention and ordering Israel to prevent acts of genocide and to enable humanitarian assistance.

The Charter framework has held since 1945; major-power war among the P5 has been avoided; the Geneva Conventions have universal ratification; the ICC and ICJ are now active.

The Security Council veto paralyses response to conflicts involving the P5. There is no international police force. Compliance ultimately depends on state willingness.

It does not. Article 51 is an inherent right.

R2P pillar 3 requires Security Council authorisation. :::