The Protection of Nationals Abroad: Lawfulness or Toleration? A Commentary

Grimal, Francis; Melling, Graham

doi:10.1093/jcsl/krr021

Cited by 5 publications

(1 citation statement)

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“…Some States, like the UK, sent in their Special Forces, which travelled around the Libya gathering British nationals and other foreigners stuck in Libya. 40 Many States acted similarly, sending their warships (like Germany), chartered ships (India), chartered planes (South Korea) or military planes (e.g. Canada).…”

Section: States' Practice Towards a Threshold Of The Use Of Force Rescuing Nationals Abroadmentioning

confidence: 99%

When ‘the Use of Force’ is Prohibited? – Article 2 (4) and the ‘Threshold’ of the Use of Force

Kleczkowska¹

2018

PPUAM / AMU LR

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This article advances the thesis that there is no threshold of the use of force. i.e. no level of the use of force which decides whether and which forcible actions undertaken by States are prohibited. The examples of actions discussed in the doctrine of law which supposedly would be ‘below’ such a threshold in fact either are regulated by other prin-ciples of international law, are not considered as regulated by ius ad bellum, or States deliberately resign from calling them a use of force for both legal and extra-legal reasons. Thus, the existence of such a threshold is not confirmed by States’ practice. This thesis will be explored using three examples: the cases of the evacuation of nationals, the extra-territorial and the Falklands/Malvinas Islands invasion of 2 April 1982. The article starts with a brief discussion of the opinions expressed in the doctrine of international law on the threshold, as well as the applicable case law.

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Section: States' Practice Towards a Threshold Of The Use Of Force Rescuing Nationals Abroadmentioning

confidence: 99%