Aula 29 - Mecanismos de Pressão e Uso da Força

Summary

In this lecture, Professor Marcelo Varela explores key concepts of public international law, focusing on conflict resolution mechanisms, the use of force, and countermeasures. He discusses peaceful methods like diplomatic negotiations, conciliation, and arbitration, alongside the role of international courts. The lecture delves into the principles of legitimate defense and proportionality in the use of force, emphasizing the importance of multilateral action to prevent escalation. The professor also highlights collective security and the growing importance of addressing internal conflicts and humanitarian issues through international cooperation.

Takeaways

• 😀 Diplomatic conflict resolution mechanisms include non-judicial (negotiations, conciliation, mediation) and judicial methods (arbitration, international courts).
• 😀 Non-judicial mechanisms involve different levels of third-party intervention, ranging from simple diplomacy to formal conciliation.
• 😀 Arbitration differs from international courts in that it is tailored to specific cases, with parties having the flexibility to choose arbitrators and processes.
• 😀 International courts operate under established legal frameworks with pre-appointed judges and fixed procedures, differing from arbitration in flexibility and scope.
• 😀 Countermeasures are actions taken by a state in response to another state's wrongful actions, with the goal of inducing the offending state to stop its wrongful behavior.
• 😀 Retorsion is a form of countermeasure that is non-violent and aimed at showing discontent, while reprisal involves more severe actions, including the use of force.
• 😀 After World War II, the use of force by individual states is generally prohibited, and the UN Security Council is the only body authorized to authorize force for peace enforcement.
• 😀 Legitimate defense is allowed when a state faces an imminent attack, and the response must be proportional to the threat posed.
• 😀 Legitimate defense cannot be used preventively or against third-party states unless they are directly attacked or threatened.
• 😀 Collective security is a system where international bodies like the UN intervene to prevent or manage conflicts, especially when they pose a threat to international peace and security.

Q & A

What are the two main types of mechanisms for peaceful conflict resolution between states?

The two main types of mechanisms for peaceful conflict resolution are non-jurisdictional mechanisms and jurisdictional mechanisms. Non-jurisdictional mechanisms include diplomatic negotiations, good offices, conciliation, and mediation, while jurisdictional mechanisms involve arbitration and international courts or tribunals.

What is the key distinction between non-jurisdictional and jurisdictional mechanisms for resolving conflicts?

The key distinction is that non-jurisdictional mechanisms do not involve a third party imposing a binding decision on the parties involved, whereas jurisdictional mechanisms, such as arbitration or international courts, involve a third party that makes a binding legal decision.

What are countermeasures, and how do they differ from reprisals?

Countermeasures are actions taken by one state in response to an unlawful act by another state. They can be non-violent (retorsion) or involve the use of force (reprisals). Retorsion typically involves non-violent actions like economic sanctions or diplomatic protests, while reprisals may involve more forceful responses, including military action.

Under what conditions can a state use force according to international law?

A state can use force in two main situations: (1) in self-defense when it faces an armed attack or an imminent threat, and (2) when authorized by the United Nations Security Council (UNSC) to maintain or restore international peace.

What does the principle of proportionality mean in the context of self-defense?

The principle of proportionality means that the response to an armed attack must be proportionate to the threat. If a state is under attack, it is allowed to defend itself, but the use of force must not exceed what is necessary to counter the threat.

What is the difference between legitimate defense and preemptive strikes?

Legitimate defense refers to a state’s right to defend itself in response to an actual or imminent attack. Preemptive strikes, on the other hand, are considered illegal in international law, as they involve attacking another state based on a perceived future threat, not an immediate one.

How does the United Nations Security Council play a role in the use of force?

The UNSC is the only international body that can authorize the use of force to maintain or restore international peace. States cannot act unilaterally; they must seek approval from the UNSC for military action, except in cases of self-defense.

What is collective security, and how does it work in preventing wars?

Collective security is the concept that international peace and security are best maintained through collective action rather than individual state action. It involves coordinated efforts by member states, often through the UNSC, to prevent or respond to threats to peace, such as armed conflicts.

What are the three types of situations in which collective security measures are applied?

The three situations are: (1) threats to peace, which may occur before conflict erupts, (2) breaches of the peace, which happen during conflicts, and (3) peacebuilding, which occurs after a conflict ends to help rebuild and stabilize the affected country.

What is the role of peacekeeping operations in collective security?

Peacekeeping operations are a critical component of collective security. They involve the deployment of international forces to monitor and maintain peace, particularly in post-conflict situations. These operations may involve disarming factions, preventing further violence, and helping rebuild the war-torn country.