IDL – 104IDL – 104Kholmogorov, Kholmogorov, VyacheslavVyacheslav

Yakutsk SUYakutsk SU

The use of armed forces The use of armed forces in the resolution in the resolution

of political conflictsof political conflicts

The use of armed forces is allowed only for peacekeeping The use of armed forces is allowed only for peacekeeping purposes.purposes.

Non-international armed conflicts have the following Non-international armed conflicts have the following characteristics:characteristics:

use of arms and participation in conflict of armed forces use of arms and participation in conflict of armed forces including police divisions;including police divisions;

collective character of actions, certain degree of organized collective character of actions, certain degree of organized rebellion, existence of organizations responsible for rebels’ rebellion, existence of organizations responsible for rebels’ actions;actions;

duration and continuity of the conflict and control of a part duration and continuity of the conflict and control of a part of the country’s territory by rebels.of the country’s territory by rebels.

Today non-international armed conflicts becoming a threat Today non-international armed conflicts becoming a threat to global or regional security especially if the state is to global or regional security especially if the state is unable to dissolve the conflict with its own forces acquire unable to dissolve the conflict with its own forces acquire international meaning and, accordingly, lead to use of arms international meaning and, accordingly, lead to use of arms by bodies of collective security as a tool of the political by bodies of collective security as a tool of the political conflict dissolution.conflict dissolution.

Peacekeeping forces of the UN and NATO are the largest Peacekeeping forces of the UN and NATO are the largest collective security organizations of today.collective security organizations of today.

Peacekeeping humanitarian interference is an extremely Peacekeeping humanitarian interference is an extremely complicated and ambiguous action. It has a number of serious complicated and ambiguous action. It has a number of serious contradictions. One of the main contradictions is the one contradictions. One of the main contradictions is the one between the goals of humanitarian intervention and actual between the goals of humanitarian intervention and actual violation of state sovereignty and the passover by the local violation of state sovereignty and the passover by the local government of some of its functions to international government of some of its functions to international organizations. A contradiction is also between the existing organizations. A contradiction is also between the existing international legal ground for using armed force in international legal ground for using armed force in international relations and the strive of some collective international relations and the strive of some collective security bodies to act evading the established international law security bodies to act evading the established international law standards.standards.

Standard Rules for Deployment of Peacekeepers to Inter-State Standard Rules for Deployment of Peacekeepers to Inter-State Crisis*Crisis*

- - Conditions: Consent is crucial between warring states Conditions: Consent is crucial between warring states - - Mandates: Limited (Chapter 6 - monitoring, Mandates: Limited (Chapter 6 - monitoring, reporting, reporting, confidence-building; Chapter 7 - confidence-building; Chapter 7 - enforcement) enforcement) - - Military Doctrine: Impartiality, Neutrality, and Military Doctrine: Impartiality, Neutrality, and Consent Consent - - Rules of Engagement: Self-defense, light weapons Rules of Engagement: Self-defense, light weapons - - Underlying theory of peacekeeping: force begets Underlying theory of peacekeeping: force begets force force - - Contributors: regular pool of states provide troopsContributors: regular pool of states provide troops

* - IDL – 104 Lecture 2, Stephen Stedman, "Violent Conflict and its Management in the Post-Cold War World

* - IDL – 104 Lecture 2, Stephen Stedman, "Violent Conflict and its Management in the Post-Cold War World

““Humanitarian intervention” is a delicate question which is Humanitarian intervention” is a delicate question which is complicated in political aspect and does not have simple complicated in political aspect and does not have simple answers but such acts must always be the extreme measure. answers but such acts must always be the extreme measure. The Russian Federation Foreign Policy Concept (ratified by The Russian Federation Foreign Policy Concept (ratified by President of Russia in July 2000) contains the provisions of President of Russia in July 2000) contains the provisions of unacceptance of inculcating into international use such unacceptance of inculcating into international use such concepts as “humanitarian intervention” and “limited concepts as “humanitarian intervention” and “limited sovereignty” for the purpose of unilateral force actions evading sovereignty” for the purpose of unilateral force actions evading the UN Security Council.the UN Security Council.

Who Should Decide the Case for Intervention?*Who Should Decide the Case for Intervention?*The United NationsThe United Nations::Strengths: Strengths:

Legitimacy: the only international organization purporting to represent every Legitimacy: the only international organization purporting to represent every state and all peoples; legality: symbolizes and upholds international law state and all peoples; legality: symbolizes and upholds international law

Weaknesses:Weaknesses: Responds poorly to urgent situations: UN designed for debate, which often Responds poorly to urgent situations: UN designed for debate, which often means delay if prompt action is needed, very hard to get UN approval for means delay if prompt action is needed, very hard to get UN approval for intervention. Intervention never against the powerful, only against small and intervention. Intervention never against the powerful, only against small and weak states.weak states.

* - IDL – 104 Lecture 11, Stephen Stedman, "Humanitarian Intervention"

* - IDL – 104 Lecture 11, Stephen Stedman, "Humanitarian Intervention"

Who Should Decide the Case for Intervention?*Who Should Decide the Case for Intervention?*Powerful statesPowerful statesStrength:Strength:

- - Commitment: state has an interest Commitment: state has an interest - - Capacity: powerful states have the resourcesCapacity: powerful states have the resources

Weaknesses:Weaknesses: - - Humanitarian intervention risks becoming fig leaf for any intervention Humanitarian intervention risks becoming fig leaf for any intervention a state wants to carry out a state wants to carry out - - Subversion of international law: unilateral action stands outside of Subversion of international law: unilateral action stands outside of international adjudication international adjudication

* - IDL – 104 Lecture 11, Stephen Stedman, "Humanitarian Intervention"

* - IDL – 104 Lecture 11, Stephen Stedman, "Humanitarian Intervention"

Domestic armed conflicts can differ considerably by their Domestic armed conflicts can differ considerably by their reasons, nature and contents. Each conflict is unique in its reasons, nature and contents. Each conflict is unique in its way and therefore requires individual and concrete way and therefore requires individual and concrete approach. Apparently one and the same conflict can be approach. Apparently one and the same conflict can be evaluated in different way, sometimes from polar evaluated in different way, sometimes from polar positions: for some, let’s say, it is a liberation war or positions: for some, let’s say, it is a liberation war or something like that, for others it is an armed rebellion etc.something like that, for others it is an armed rebellion etc.

The UN Charter needs accurate descriptions of various The UN Charter needs accurate descriptions of various peacekeeping military operations and clear interpretation peacekeeping military operations and clear interpretation of the conditions under which and by whom these of the conditions under which and by whom these operations can be performed with clear line separating operations can be performed with clear line separating multinational peacekeeping from collective aggression multinational peacekeeping from collective aggression against a sovereign state and determining rules of against a sovereign state and determining rules of establishing multinational partnership as a peacekeeping establishing multinational partnership as a peacekeeping tool. tool.

TThe use of armed forces in regulating domestic armed he use of armed forces in regulating domestic armed conflicts can be admitted only when all other measures of conflicts can be admitted only when all other measures of regulation are exhausted. The obligatory condition for regulation are exhausted. The obligatory condition for using the armed forces is strict obedience of international using the armed forces is strict obedience of international law standards. law standards.