NATO & the thin red line : the expanding boundaries of international law on the use of force

Otchie, Andrew Akuafo

Abstract

This study seeks to examine International law on the Use of Force. Specifically, I will attempt to explore the contention that there has been a change in the scope of understanding as to when force may be used. That is, the doctrine on the prohibition on the use of force, must be re-interpreted in light of the security challenges of the 21st century, and accordingly modified, by being expanded. It has been argued that there is a need to meet different and compelling circumstances, which could not have been envisioned at the time of the drafting of the UN Charter and therefore “a loosening of the constraints” to resort to use force is necessary. My thesis is that the law is indeed evolving and NATO is a major driving force in the development of International law. NATO will continue to be instrumental as to how the law meets pressing issues in the contemporary world –such as how far the extent of the prohibition against force applies in fighting a “war against terrorism”, the operation of drones and cyber warfare. This study concurs that, at times, only a thin red line has separated NATO actions, from falling outside of the International legal framework, as other scholars have observed.

The lawfulness of Humanitarian intervention is not yet established under International law, although, there are increasing calls for the International community to establish the Responsibility to Protect doctrine in order to act, when moral imperative calls for the use of force. It is NATO’s military power that often presents the best means by which to effectively do so, but this is far from the purpose for which NATO was designed by the Washington Treaty. Moreover, the basis upon which NATO could be held liable for internationally wrongful actions is not well established, and while possessing some degree of legal personality, but not yet fully developed, there is an increasing possibility that NATO could be sued as an International Organisation for an act that is attributable to it. Furthermore, NATO has become less connected to the UN and has developed outside the intention of its original role as a regional organisation, as set out in Chapter VIII of the UN Charter. In light of these factors, this study assesses to what extent NATO can be said to have transgressed a thin red line.

Citation

Otchie, A. A. (2014). NATO & the thin red line : the expanding boundaries of international law on the use of force. (Thesis). University of Hull. Retrieved from https://hull-repository.worktribe.com/output/4216383

• Thesis Type: Thesis
• Deposit Date: Mar 6, 2015
• Publicly Available Date: Feb 23, 2023
• Keywords: Law
• Public URL: https://hull-repository.worktribe.com/output/4216383
• Additional Information: Law School, The University of Hull
• Award Date: Nov 1, 2014