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Granada - Assignment Example

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The Legality Under International Law of the US Invasion of Grenada in 1983 International Law on War Comment 1 Question 3 [Class- Section #] [Teacher name] 20 February 2013 Article 2(4) of the UN Charter 1945 sets out a general prohibition against war, specifically, the “threat or use of force”.1 Article 51 of the UN Charter 1945 creates an exception to the prohibition against war and permits the use of force in self-defense or where authorized by the UN Security Council.2 The right to the use of force in self-defense is subject to the doctrine of jus ad bellum in international humanitarian law and requires that force used is proportionate to the threat and is discriminat…
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Granada
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Download file to see previous pages... In another ruling the International Court of Justice suggested that the right to self-defense could be invoked in an isolated low-intensity strike.4 Regardless there is a general standard that is safe for self-defense and where authorized by the UN Security Council force may not be used against another state not even for the purpose of “rescuing one’s nationals abroad, saving aliens from widespread deprivation of human rights” or as a pre-emptive strike “against a grave but distant threat”.5 The doctrine of ‘opinio juris sive necessitatis’ which allows an opinion of law or a necessity of law together with “state practice” dictates that the exceptions to the use of force in international law are far more flexible than they were when the UN Charter 1945 came into being.6 Since the end of World War II, the world has changed significantly to the extent that threats may be perceived differently. The invention of nuclear weapons, an increase in international human rights, “and the emergence of global terrorism” have “significantly affected attitudes toward permissible uses of force”.7 In assessing current conditions in the world today, Durant and Durant maintain that international law as it is currently constructed cannot adequately regulate peace and security. A State “must be ready at any moment to defend itself” and “when its essential interests are involved” a state “must be allowed to use any means it considers necessary to its survival”.8 Controversy and debate continuously challenged whether or not there are limitations on the right to self-defense. For example, when the US proposed the Kellog-Briant Pact of 1928, the Pact stated that no prohibition on war could restrict the right of a “sovereign state” to use force in self-defense.9 A similar statement was made by the International Military Tribunal for the Far East in 1948 which established that state sovereignty alone made self-defense an inherent right.10 The international law on the prohibition against war and the right to self-defense is therefore contested. If the doctrine of opinio juris and state practice creates customary international law, it can be argued that virtually any threat, regardless of how serious might be interpreted as a situation in which the right to self-defense can be invoked. Moreover, if state sovereignty prevails, the inherent right to self-defense gives states the authority to use force against another state for any number of reasons including pre-emptive strikes, or rescuing nationals, or any other purpose that can be peripherally justified, provided the state is protecting its sovereignty. The Invasion of Grenada The US’s invasion of Grenada is just as “controversial” as the international law prohibiting war except in self-defense.11 When the decision was made to invade Grenada in 1983, it was justified on the grounds that American citizens were in danger and it was necessary to restore peace after a coup. However, it was well-known that the primary goal was to stop the spread of communism anywhere near ...Download file to see next pagesRead More
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