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LSTD507 International Law WK3 Interaction 2
Topic:
This week we are examining use of force and self defense. In your post this week, please answer
the following questions:
1. When is use of force permitted and prohibited? What is self defense and how is it applied in
international conflict law? What is proportionality and why is it important in the international
arena?
2. Cabal has now joined the United Nations as a full member state and Anarchy refuses to
recognize its status. If the State of Anarchy launched a military attack on Cabal, what is Cabal’s
right of self defense? If the State of Boring was interested in joining sides in the war, would it be
justified? Would it depend on the side it joined? Would it need approval from the United
Nations? Try to justify your position based upon your status as an ambassador in line with the
country which you represent
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Please interact with the following classmates’ posts:
Student #1 (DE) Post:
Good afternoon classmates,
I hope this message finds you and your loved ones well—the reading and lesson for this week’s
participation forum center on two principal topics. First, the nation-states recognized the need to
prevent the adversity of war; second, the development of international organizations to enforce
legality in military force employment.
After the Treaty of Versailles in 1919, the devastation to all participant nations caused by four
years of conflict was overwhelming; the blood of more than nine million soldiers covered the
fields of Europe, augmented by approximately five million more civilian deaths. The
governments saw this as an obligation and opportunity to develop an organization to avoid future
wars, The League of Nations.
In 1920, the League of Nations intended to promote international collaborations and present a
platform capable of maintaining peace and security. After World War I, nations concentrated on
encouraging diplomacy as the primary means to solve disputes. The League indirectly introduced
the concept of deterrence as they contemplated using the military to discourage aggression.
Additionally, the voluntary collaborative disarmament of all nations reduced the likelihood of
conflict, and outlining collective defense discouraged nations from developing armies as the
force was an addition of all participants’ defense resources.
Despite the good intentions of the organization, the limited scope and powers to enforce
mandates and economic sanctions, combined with their failure to prevent aggression – e.g.,
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Italy’s invasion of Abyssinia (1931) – and rearmament, which consequently resulted in World
War II highlighted the need for a solid and effective organization, The United Nations.
As the readings for this week outlined, the United Nations integrated principles of sovereignty
and not interference to adopt efforts necessary to ensure reasonable international peace and
security, required to promote human rights, humanitarian assistance, development, and protection
of vulnerable populations, among others.
Theologists incorporated morality and ethics into the concept of war, “jus ad bellum,” which
provides legal and ethical principles for the applicability of war, defaulting in the right to selfdefense. The United Nations and other international organizations present legal ground,
proportionality, and evaluation of motives to ensure war as a last resource.
Transitioning to question two, as an Ambassador to Anarchy, the actions taken by the
international community to support the territory of Cabal illegitimate claims of sovereignty
comes as an existential threat to Anarchy and regional security, therefore, as a measure of selfdefense and last resource, our nation abandoned their misbelief of centralized governmental
organizations to establish the Anarchy Armed Forces and attack deserters hiding under the
corruption of the international law promoted by the United Nations.
The State of Anarchy calls for a coalition with the State of Boring to remove this threat and
instability caused by traitors from our two beautiful and just nations.
Thank you
Respectfully,
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Student #2 (AF) Post:
Question 1:
Use of force is permitted when there is need to respond to a serious grievance or self-defense
when being attacked (Grant, 2010). Use of force is prohibited when an entity is using the force
for a material gain or using this method through an unprovoked attack (Grant, 2010).
Self Defense is when an entity protects itself from being attacked or responds to being attacked
(Grant, 2010). Self Defense is applied in international conflict law when a country feels that they
are in danger of an attack that will have devastating aftermath (Grant, 2010). If the country is in
fear that another country is going to try to use lethal forces against them, they can use selfdefense to prepare themselves and eliminate the threat.
Proportionality is adhering to a regulated or determined portion while having a constant ratio
(Merriam-Webster, n.d.). Proportionality is important in the international arena because when a
country responds to an attack or has the intent on carrying out an attack the response must have a
clear intent or target, no other choice to make, and no time to deliberate (Grant, 2010).
Proportionality puts in perspective that the act being taken encompasses the need for selfdefense.
Question 2:
If the State of Anarchy launches a military attack on Cabal, the Cabal would have the right to
protect itself against the unprovoked attack that the Anarchy launched on the Cabal. Anarchy is
choosing to launch an attack based on personal aggression where they do not want to recognize
the status of the Cabal as a full member state. The actions taken by the Anarchy would be
denounced by the United Nations. The United Nations could impose sanctions on the Anarchy
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for their actions (Grant, 2010). If the State of Boring was interested in joining sides in the war it
would be justified depending on the State of Borings alliance that they have made, and if the
State of Boring was in danger of being attacked. In my opinion it would matter which side the
State of Boring was taking. If Boring, went with Anarchy they would be considered for sanctions
along with the Anarchy because the actions are not justified based on the scenario. If Boring
wanted to get involved it would need the approval from the United Nations.
Reference:
Grant, J. P. (2010). International law. Edinburgh University Press.
Meriam-Webster. (n.d.). Proportionality. Retrieved from https://www.merriam-webster.com
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PART II
MY POST:
Week 3: Use of Force & War
1.
When is the use of force permitted and prohibited? What is self-defense and how is it
applied in international conflict law? What is proportionality and why is it important in the
international arena?
The post-1945 legal framework
The UN Charter constitutes the current legal groundwork of international law regulating
the use of force. The fundamental purpose is to Maintain international peace and security. That
includes preventing and removing threats to the peace, suppressing acts of aggression or other
breaches of the peace, conforming with the principles of justice and international law, and
adjusting or settling disputes or issues that might escalate to a breach of the peace. Therefore, as
a rule of international law, the use of force is prohibited (Open University).
Q1
One of the most essential principles in international law prohibits using force (Article
2.4) of the UN Charter. A UN member state cannot threaten or use force against another state.
Although the article is unclear concerning “armed” or similar words, most theorists believe it
implies military force, excluding non-military forms of coercion like economic sanctions or
cyberattacks. (JUSTIA, 2023).
However, the prohibition against using force does not cover all situations. Article 51 of
the UN Charter acknowledges using force in self-defense as an exception. States can pursue selfdefense to respond to an armed attack (Buergenthal & Murphy, 2013). Nevertheless, it must be
necessary not to mention proportionate to the threat. The cause is prohibited when it does not
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meet the criteria of self-defense. It is also prohibited if not in response to an armed attack. The
cause is also prohibited where it goes beyond what is necessary and proportionate. Self-defense
is defined as the right assigned to a state to use force when confronted by an armed attack. The
outcome is necessary to maintain international peace and security. The actualization of the right
to self-defense in international conflict law is founded on the principles outlined in the UN
Charter and customary international law. States may use force to defend themselves, a right that
extends to collective self-defense through regional defense agreements, as seen in organizations
such as NATO. Some situations might include force for humanitarian purposes or to protect
citizens. Though the UN Charter does not acknowledge these cases as exceptions, some political
experts believe that a state can use force (JUSTIA, 2023).
Proportionality implies that the force a state uses must be reasonable. It should also not
exceed what is necessary to counter the armed attack. Proportionality is crucial in the
international arena, as it helps prevent unnecessary harm from escalating to civilians and noncombatants (Federation of American Scientists, 2023). It is also a fundamental principle in
determining the legality and legitimacy of a state’s use of force.
2.
Cabal has now joined the United Nations as a full member state and Anarchy refuses to
recognize its status. If the State of Anarchy launched a military attack on Cabal, what is Cabal’s
right of self-defense? If the State of Boring was interested in joining sides in the war, would it be
justified? Would it depend on the side it joined? Would it need approval from the United
Nations? Try to justify your position based on your status as an ambassador in line with the
country that you represent.
Q2
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Cabal has the right to self-defense in response to Anarchy’s armed attack. This is in line
with the UN Charter, Article 51. The article recognizes the intrinsic right of individual or
collective self-defense when facing an armed attack. It would be reasonable for the State of
Boring to join if its conduct aligns with the principles of justifiable self-defense. If Cabal is
defending itself against an armed attack, Boring’s involvement could be justified. However,
joining Anarchy’s attack without proper justification would likely violate international law.
While obtaining approval from the United Nations is not a strict legal requirement for selfdefense, seeking support or approval from the international community can enhance the
legitimacy of the actions. Boring should consider international opinions and potential
consequences before taking sides.
References
Buergenthal, T. & Murphy, S. D. (2013). Public International Law In a Nutshell. New York:
West.
Federation of American Scientists (2023). Military Analysis Network. https://man.fas.org/.
JUSTIA. (2023). Use of Force Under International Law. https://www.justia.com/internationallaw/use-of-force-under-international-law/
Open University (n. d). The Use of Force in International Law.
https://www.open.edu/openlearn/society-politics-law/the-use-force-international-law/contentsection-1.1
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Student #3 (MW) replied to my post:
Hi,
Your post does an excellent job of analyzing the difficult problems surrounding the use of force
and self-defense under international law. It’s evident how Article 2(4) of the UN Charter sets the
tone for these conversations, and you’ve effectively underlined the need of proportionality in
ensuring that reactions to assaults don’t go too far. Regarding Cabal’s circumstance, it’s worth
considering the diplomatic dance they’ll need to do. Even if they are protecting themselves,
doing so without the UN’s express approval might have major political consequences,
particularly because Anarchy does not recognize them. How would Cabal navigate these
treacherous international waters?
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LSTD507 INTERNATIONAL LAW ALL WKS READING MATERIALS
WK1
The Nature, Development, and Sources of International Law
Welcome Ambassadors!
Throughout this course, we will be using a simulation of three nation states for our discussions
and the projects in the Assignments tab. At times, you may need to reach out to a fellow student
or your professor to complete the tasks. Each person in the class will be assigned to one of the
three island nations of:
State of Anarchy (A)
State of Boring (B)
State of Cabal (C)
For the purposes of this class, you will be an ambassador representing the people of a nation state
based upon your last name:
If your last name starts with A through I – You represent the State of Anarchy (A)
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If your last name starts with J through Q – You represent the State of Boring (B) (I am
here)
If your last name starts with R through Z – You represent the State of Cabal (C)
*If there are no students in the class with a last name that can be assigned to one of the above
nations, your professor will be reassigning students to different countries or will be filling in and
representing that country. You may contact them to complete any assignments or discussions as
needed.
Background of Your State:
Please read below to learn more about the background of your Island, before completing this
week’s discussion.
State of Anarchy (A):
In this country, the people do not believe in a central government. Despite this fact, this nation is
a recognized state in the United Nations and recognized by the rest of the world as a member
state. Its lengthy existence and role in the world has outweighed its need for a centralized
government. It rules in a very lawless way, through the use of the citizens’ own firearms and
make the rules up in each town or city as needed, which is governed by a sheriff of their
choosing. Despite the lack of regulation, the citizens tend to be quite self sufficient, living off
the land and sea. They do not believe in taxation of any sort. Living here can be quite dangerous
due to gangs and the ruthless individuals who roam the countryside. Due to the lack of laws,
there are many vices, such as gambling, prostitution and drugs. Many tourists enjoy coming to
visit to partake in the party lifestyle offered by Anarchy, which contributes greatly to its
economy.
State of Boring (B):
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The State of Boring is ruled by a King, who controls all lands on his island nation. It too is a part
of the United Nations and maintains member state recognition. The ruler comes from a familial
dynasty that has ruled for hundreds of years and will someday be passed to his son, the
prince. The country is an industrial nation that creates goods which are exported to many other
nations. It also has a rich farming history. Due to its tight regulations, the people of this nation
value environmental conservation, organic foods, well made luxury items, and a much quieter
life than its neighbors in the State of Anarchy. In fact, obtaining a visa to visit Boring is quite
difficult; it has highly monitored borders. This prevents many outsiders from entering the lands,
and in some cases, has separated families with those who have left the island for many
years. Lastly, the taxes required to be paid to the monarchy here are quite high and can be at
times oppressive to those in the working class.
State of Cabal (C):
The state of Cabal consists of residents of Anarchy and Boring who braved the dangerous ocean
waters in their boats to travel to a new island that was vacant. Having resisted the overbearing
rule of the State of Boring and fearing for their lives on the State of Anarchy, these residents
sought refuge in a new land where they could create a country of their own. This land is one of
peace and harmony that is governed by a centralized government chosen by the people. They are
interested in pursuing trade with other countries to import and export their goods, as well as
beginning an industrial revolution in manufacturing. It is a capitalist society. The taxes go to
fund social programs to benefit the residents. The country has submitted for statehood to
become a member of the United Nations; however, Anarchy and Boring refuse to recognize it as
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one as they see it only as composed of traitors who left their respective countries. This tends to
be one of the few things that Anarchy and Boring have ever agreed upon throughout history.
Participation:
Please note that the activities in this class will require you to actively participate with your
classmates and instructor each week. You are encouraged to participate as early as possible in
the discussions each week, so that you have plenty of time to complete your weekly assignments
in the Assignments tab. However, the standards have been built so that even if nobody else
participates, you can still succeed. Because you will be graded in this way, there is no reason to
fear any possibility that your grade will be negatively affected if your classmates or a partner
does not fully participate. If that should ever happen, such a failure will affect only those who do
not carry out their collaborative duties; it will not affect those who do fully participate. If you
have DSA extension paperwork, please be sure to provide this to your instructor as soon as
possible in Week 1. Don’t hesitate to communicate actively and often with your instructor, as
well as your partner on assignments. Your instructor can step into the role of a partner or
classmate as needed throughout the class to help you complete discussions and
assignments. They can also assist you if you need additional time to complete an
assignment. Your instructor’s email address is found on the ‘Course Home’ tab of the class above
by scrolling down and looking to the right-hand side of the page under their photograph. Most
importantly, have fun!
Week One Introduction:
This week, we will be examining and discussing what international law, where it comes from,
and sources of international law. As you learn about these topics each week, consider how they
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apply to your island state, their importance in the world today, as well as how these issues are
changing daily around the world depending on your perspective.
In addition to our Welcome Discussion, you will complete the Week 1 Discussion in which there
are two parts. Part 1: We will be discussing whether international law truly is law, as well as
where it comes from. Part 2: You will need to find the others in the class to discuss your
assigned country. There will be questions posed to your country that you should decide upon as
a group. You may discuss these directly in your assigned discussion forum, via instant message,
email or by phone. However, don’t forget to post your answers to share with the class in the
discussion forum.
After you complete these tasks in the discussion, you should then complete the Week 1
Assignment in the Assignments tab under Course Tools, as well. Don’t forget, if you are the only
one assigned to a particular group, you may consult with your professor. However, for the Week
1 Discussion, if you are alone, you are free to make all of the selections independently and do not
need your professor’s input or approval.
What is International Law?
Quite simply, international law is the study of the laws that govern the world. It involves the
legal analysis of basic fundamentals of the source of law that are applicable to many nations,
individuals, organizations and businesses. International law is incredibly vast in that it contains
many topics, such as travel, commerce, war, fundamental rights, environment, species, human
kind, maritime, agreements, politics, communications, etc.
As a student of law, you have the ability to further advance your studies in many specific areas of
international law. In this course, we will be examining the fundamentals of international law,
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such as statehood and subjects, use of force and war, international human rights and international
humanitarian law, world courts, law of the seas, and international environmental law.
Many scholars have long debated whether international law is law at all. When analyzing
national law, such as in the United States, it is much easier to examine the history, context
creation, enforcement and adjudication of law. We have rigid societal norms that carry out the
creation and application of laws. For example, governmental leaders create laws which have the
intent to protect the people which are limited to certain geographic boundaries in which they
maintain jurisdiction. Individuals in that jurisdiction are also in charge of enforcing those laws
and, should they be breached, there are set mechanisms for enforcement and adjudication. Real
consequences exist in society for a breach of law, which in turn are enforced by someone or
something in society.
Unlike national laws, there is not one individual/organism/organization that is in charge of the
entire planet that creates laws, enforces them and adjudicates them. While many have argued
that the UN functions in many ways as the controlling authority for international law in the
world, it is not alone and it only governs those nations that are members. We will examine this
further in the upcoming weeks.
Therefore, international laws are much different in that they come from a multitude of sources,
are enforced in many different ways and the adjudication mechanisms or consequences of their
‘breach’ are much more difficult to enact. In some ways, international law (or the study of it) is
much more philosophical in nature. International law requires commitment by nation states and
individuals in their creation, application, enactment, enforcement and adjudication.
Sources of International Law:
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The most common sources of international law include treaties, soft law, customary international
law, international declarations, international court rulings and statements, as well as joint
statements made by various foreign countries. “The sources of international law can be defined
as the processes by which legal norms are created, modified and annulled. Customary
International law, as one of the two sources of unwritten international law, is based on two
elements: (i) a general state practice, and (ii) the state’s conviction that this practice is legally
binding.”[1]
“The traditional theory of sources recognizes three sources of international law, as enshrined in
Article 38 of the Statute of the International Court of Justice (ICJ): treaties, custom and general
principles.”[2]
[1]
Ezequiel Heffes, Book Review Essay: Some Reflections On The Theory Of Sources Of
International Law: Re-Examining Customary International Law, 51 Isr. L. Rev. 485, (2018),
available at https://advance-lexis-com.ezproxy2.apus.edu/api/document?collection=analyticalmaterials&id=urn:contentItem:5VP3-XNY0-00KD-H1GX-00000-00&context=1516831.
[2]
Id.
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International Conventions or Treaties:
Treaties are simply agreements between countries. Most often, they are written contracts, which
are ratified by a country’s government and signed into effect. They are supposed to binding
agreements on the actions, enforcement and consequences which may occur based on the subject
of the international agreement. They can be extremely complex or very simple. They may
involve only two countries, or many more. In some cases, international agreements may directly
involve international organizations, as well as individuals (leaders of countries) and businesses.
It is important to note that international agreements may also be soft law. This means that they
are not legally binding. Many international agreements, principles and declarations may be soft
law, such as United Nations General Assembly Resolutions. Whereas hard law is defined as
international agreements which are legally binding in nature and discussed further below.
“International conventions, commonly referred to as treaties, are legally binding instruments
given various names (charter, protocol, pact, among others) and govern the rights, duties, and
obligations of participating states. The Vienna Convention on The Law of Treaties (the
authoritative source) defines a treaty as an international agreement between States in written
form and governed by international law, whether embodied in a single instrument or in two or
more related instruments. Articles 31 and 32 of the Convention are important provisions that
supply the rules for the interpretation of treaties. Although the United States is not a party to the
Vienna Convention, it consistently acts as though the Convention is binding international law.
A treaty can come into force once a certain number of nations ratify the treaty, as specified in the
treaty, or upon signature by the parties. However, a treaty cannot bind a nonparty or nonparticipating state. In addition, specific provisions in most treaties will identify when it becomes
legally binding, how compliance will be monitored and measured, how other nations may accede
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to the treaty, how and whether the treaty may be amended or modified, and how and when the
treaty will terminate. Treaties are only binding upon states that choose to ratify the treaty.
Generally speaking, states may not invoke a conflicting domestic law to avoid an obligation
under an international agreement. Bilateral treaties between two states are deposited with one of
the parties to the treaty, while multilateral treaties between three or more states are registered
with the United Nations and made available to the public.” Georgetown University Writing
Center, A Guide to the Basics of International Law (2019), https://www.law.georgetown.edu/wpcontent/uploads/2019/08/A-Guide-to-the-Basics-of-Intl-Law.pdf.
General Principles of Law:
“General principles of law constitute common themes familiar to most of the global legal
systems. These rules are essentially domestic laws found in nearly all legal systems (such as civil
law, common law, or Islamic law), that have entered into international law because they are
manifest in most states around the world. Below are some accepted principles that animate many
areas of international law:
• Pacta sunt servanda (“agreements must be kept”) (ex: treaty enforcement),
• Lex specialist derogate generalis (“the specific prevails over the general”) (ex: conflict of
laws); and
• Sic utere tuo ut alienum non laedas (“use your own so as not to injure another”) (ex:
international environmental law).” Georgetown University Writing Center, A Guide to the Basics
of International Law (2019), https://www.law.georgetown.edu/wp-content/uploads/2019/08/AGuide-to-the-Basics-of-Intl-Law.pdf.
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International Judicial Decisions:
While we will discuss this in much further detail in Week 6, world courts exist and function
similarly to national courts. However, international judicial decisions are much more difficult to
enforce and require countries’ and/or individuals’ acquiescence to be bound by the court and/or
an international agreement providing for such a dispute resolution mechanism. Even then,
enforcement of a judicial decision may be extremely difficult.
“States have an affirmative obligation to resolve disputes through peaceful means. There are both
non-adjudicatory procedures (not legally binding) and adjudicatory procedures (legally
binding). Non-adjudicatory procedures (in order of formality) are: negotiation, mediation, and
conciliation. Arbitration and judicial settlement are formal adjudicatory procedures based on
law. International arbitration may occur between various parties: a state and an international
organization; a state and a non-state actor; and a foreign investor and a state. There are more
than 125 international judicial settlement bodies and approximately 80 are active and functioning
as judicial bodies. Some courts are regional and others operate based on specialized subject
matter.” Georgetown University Writing Center, A Guide to the Basics of International
Law (2019), https://www.law.georgetown.edu/wp-content/uploads/2019/08/A-Guide-to-theBasics-of-Intl-Law.pdf.
Customary International Law:
What is Customary International law? Article 38(1) of the ICJ Statute identifies its second
formal form of international law as “international custom, as evidence of a general practice
accepted as law.” Therefore, it is something that states do or don’t do for long periods of time,
thereby becoming custom and obligatory in a sense around the world. “As a source of
international law, customary international law (CIL)…it is determined on the basis of ‘state
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practice’ (usus or diuturnitas) and the corresponding views of states (opinio juris or opinio
necessitatis).” Ezequiel Heffes, Book Review Essay: Some Reflections On The Theory Of
Sources Of International Law: Re-Examining Customary International Law, 51 Isr. L. Rev. 485,
(2018).
Please complete the following CALI Lesson regarding customary international law at this
link. As a reminder, the log-in information is on the ‘CALI Use and Access’ slide above this one
in the Week 1 Content tab.
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Welcome to Week 2.
Statehood
Statehood Under International Law:
This week, we will examine the elements required for statehood under International Law. The
recognition of a state under International Law is a declaration of intent by one state to
acknowledge another power as a “state” within the meaning of International Law. Subjects of
International Law include states, individuals and international organizations. Other lesser
subjects also include multinational corporations, non-governmental organizations, and non-State
actors, such as national liberation movements.
What is a State?
Per the Montevideo Convention, the criteria for statehood are:
•
Possess a defined territory
•
Inhabited by permanent population
•
Controlled by an independent government
•
Capacity to engage in formal relations with other states
What about recognition? The Declaratory Theory of recognition states that once the above
conditions are met, an entity becomes a state regardless of what other states do or say. Thomas
Buergenthal and Sean D. Murphy, Public International Law In a Nutshell 42 (5th ed.
2013). While the Constitutive Theory of recognition states that only when other states decide the
above conditions are met and acknowledges the legal capacity of the entity, does it in fact
become a state. Id. As you analyze this concept, consider which theory you agree with more this
week. Is recognition a necessary component to be assessed when determining statehood? Is it
time to redefine statehood or the definition created by the Montevideo Convention adequate?
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Montevideo Convention:
The Montevideo Convention on the Rights and Duties of States treaty was signed at the
International Conference of American States in Montevideo, Uruguay on December 26,
1933. The treaty became effective on December 26, 1934. The treaty discusses the definition
and rights of statehood.
Procedural Background
Advice and consent to ratification, with a reservation, was completed by the United States Senate
on June 15, 1934.
The treaty was ratified by the President of the United States, with a reservation, on June 29,
1934.
The treaty was entered into force on December 26, 1934, and it was proclaimed by the President
of the United States on January 18, 1935.
Read through the treaty and note the definition of statehood in Article 1 and the rights of
statehood in Articles 2 – 16.
————– Beginning of Treaty —————-
Article 1
The state as a person of international law should possess the following qualifications: (1) a
permanent population; (2) a defined territory; (3) a government; and (4) the capacity to enter into
relations with the other states.
Article 2
The federal state shall constitute a sole person in the eyes of international law.
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Article 3
The political existence of the state is independent of recognition by the other states. Even before
recognition the state has the right to defend its integrity and independence, to provide for its
conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its
interests, administer its services, and to define the jurisdiction and competence of its courts.
The exercise of these rights has no other limitation than the exercise of the rights of other states
according to international law.
Article 4
States are equal, enjoy the same rights, and have equal capacity in their exercise. The rights of
each one do not depend upon the power which it possesses to assure its exercise, but upon the
simple fact of its existence as a person under international law.
Article 5
The fundam
