See Corten, supra note 13, at 486; Quigley, supra note 131. The aims of such force will have to be either preventive or deterrent. In an age in which it is the duty of the Security Council to maintain and restore international peace and security surely deterrence should be in its hands? Whitman (eds), The Geneva Conventions Under Assault (2010), at 42. There has been widespread debate [8]about the significance of the phrasing of article 2(4), specifically about the use of the solitary word "force." But, even assuming that some notion of proportionality was indeed relevant in assessing Israel’s actions against Lebanon itself, what test of proportionality is Wrachford using here? All these attacks followed terrorist attacks against American targets outside the US that the US attributed to terrorist groups which, it was claimed, were given cover and support by the states in whose territory the US attacks were carried out. Dinstein, supra note 16, at 208–212. She distinguishes between response to an armed attack that has occurred and the use of force to thwart an imminent attack. S/PV.5346. See, e.g., Bonafede, supra note 124; Doyle, supra note 13. Probably the best alternative in cases not rising to an “armed attack” is resort to the Security Council, which can decide whether or not can trigger a procedure to restore the peace (Schmitt, 1999). The degree of that scepticism will probably be influenced by the previous relationship between the victim state and the alleged aggressor.183 In all events, while the victim state will have to act on the basis of its own assessment of the likelihood and scope of the pending attack, its assessment will be subject to a second opinion by the international community after the event.184 States making use of their inherent right to self-defence in the face of an imminent attack must be prepared after the event to present evidence which supports the assessment they made of imminence. The force used by Israel was not necessary to achieve these ends and was therefore disproportionate. ; Barsotti, ‘Armed Reprisals’, in A. Cassese (ed. It will therefore obviously be bound by all the limitations that apply to the exercise of that right, including necessity and proportionality. For a similar argument regarding the proportionality of countermeasures in general see Cannizzaro, supra note 13. In relation to the former she has this to say: In the case of self-defence against an armed attack that has already occurred, it is the repulsing of the attack giving rise to the right that is the criterion against which the response is measured. All Rights Reserved.date: 08 October 2020. Greenwood (ibid.) When the persons planning and executing attacks are operating from outside its borders, if neither the state from which those non-state actors operate nor the international community takes effective measures to stop the attacks the victim state must have the right to use force in self-defence. That case involved a claim by Iran against the United States following US attacks on Iranian oil platforms. 5) Train any time, on any device. Schmitt, M. (2011). The failure of the international community to provide effective protection for states that have been subject to repeated attacks is hardly an encouragement to those states to rely on that community to remove the threatening conditions and provide them with permanent conditions of security. She stresses that wider political aims are not legitimate and that force to achieve such aims was disproportionate. Reinold argues that this also applies to weak states which are unable to fulfil their duty to prevent their territory being used as a base for activities against the injured state. Likewise, the National Cyberspace Strategy may present in future an identical opportunity for preemtive strikes against dormant cyber threats (Gibson, 2004). See Randelzhofer, supra note 12, at 803; O’Connell, ‘Lawful Self-Defense to Terrorism’, 63 U Pittsburgh L Rev (2002) 889, at 895. On this distinction see Trapp, ‘The Use of Force against Terrorists: A Reply to Christian J. Tams’, 20 EJIL (2010) 1049. N. Lubell, Extraterritorial Use of Force Against Non-State Actors (2010), at 64. Hence any use of force by the US against Iranian installations was unlawful. Thus, minor border incidents are disregarded. Roberto Ago, Special Rapporteur to the International Law Commission, Eighth Report on State Responsibility, (1980) ILC Yrbk, ii, I, 13, at para. When faced with an ongoing attack the primary goal of the victim state will be halting and repelling that attack. But once force has been used in response to an armed attack the dynamics of the situation are likely to require ongoing decision-making. While the US denied that its attacks on the oil platforms had a punitive intent, it contested the Iranian argument that the use of force in self-defence is limited to the time the attack is in progress. In his report on state responsibility Roberto Ago mentioned that the duty to try non-forcible measures before resorting to force (generally thought of as the question of necessity, but regarded by some as an issue of proportionality) is especially relevant if force may be used before the armed attack has actually started.78 Assessing proportionality between the force used and an attack that might (and might not) have taken place if the force had not been used poses tricky questions.
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