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

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.