NATO, the UN and the use of force: legal aspects

  title={NATO, the UN and the use of force: legal aspects},
  author={Bruno Simma},
  journal={European Journal of International Law},
  • B. Simma
  • Published 1999
  • Political Science, Law
  • European Journal of International Law
The threat or use of force by NATO without Security Council authorization has assumed importance because of the Kosovo crisis and the debate about a new strategic concept for the Alliance. The October 1998 threat of air strikes against the FRY breached the UN Charter, despite NATO's effort to rely on the doctrines of necessity and humanitarian intervention and to conform with the sense and logic of relevant Council resolutions. But there are 'hard cases' involving terrible dilemmas in which… 
Legality Versus Legitimacy: Humanitarian Intervention, the Security Council, and the Rule of Law
This article sketches out the nature of legal responses to humanitarian intervention in general and the Kosovo intervention in particular, with particular attention given to arguments that were not
Lessons of international law from NATO's armed intervention against the federal republic of Yugoslavia
Under the UN Charter, the threat and use of force is prohibited by Article 2.4, which most writers consider a peremptory norm of international law. The use of force by individual states (acting alone
The legality of the air strikes against ISIL in Syria: new insights on the extraterritorial use of force against non-state actors
The extraterritorial use of force by a state against non-state actors has been a contentious issue in international law since 9/11 and the adoption of UN Security Council Resolutions 1368 and 1373.
Humanitarian vigilantes or legal entrepreneurs: Enforcing human rights in international society
'Those who took the law into their own hands had never improved civic peace within nations; neither would they help in international relations', declared the Indian ambassador to the Security Council
From Humanitarian Intervention to the Responsibility to Protect
Since the Treaty of Westphalia of 1648, states have traditionally claimed exclusive jurisdiction over their citizens and have been averse to any external criticism of how they treat their nationals
On the Use and Abuse of Necessity in the Law of State Responsibility
  • R. Sloane
  • Law
    American Journal of International Law
  • 2012
Necessity, necessità, is Machiavelli’s guiding principle . . . that infringing the moral law is justified when it is necessary. Thus is inaugurated the dualism of modern political culture, which
The Law Applicable to Targeting and Proportionality after Operation Allied Force: a View from the Outside
The North Atlantic Treaty Organization (NATO) member states conducted a bombing campaign, referred to as Operation Allied Force, against the Federal Republic of Yugoslavia (FRY) from 24 March to 9
Operation Change of Direction: a short survey of the legal basis and the applicable legal regimes
The authors take a legal perspective at the 2006 Hezbollah-Israeli conflict, but also illustrate the difficulty states armed forces have when facing non-state adversaries. International law (ius ad
Humanitarian Intervention, Human Rights and the use of force in International Law
This thesis will critically examine the status of humanitarian intervention in international law. This will involve an examination of constraints on the use of force both prior to and after the
Humanitarian Intervention: Rethinking humanitarian intervention: the case for incremental change
For years to come, NATO's military intervention in Kosovo will shape international attitudes towards the use of force in response to human rights atrocities. In contrast to US military action in