'Use of Forces in Afghanistan war'

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Abstract

The development of this research will be conducted a theoretical analysis using literature in different languages, considering the practice of States through history, as well as the jurisprudence of the Court International Court of Justice on the subject. This study concerns the theoretical analysis concepts considered important to determine whether or not there right to self-defense. In the second part, there will be a practical examination on situations before and after the case of Afghanistan, where U.S. has invoked the right to self defense.

Table of Contents

CHAPTER 1 INTRODUCTION1

Structure of Dissertation1

Introduction1

Literature Review1

Methodology2

Aims and Objectives2

Research Questions2

CHAPTER NO 02 LITERATURE REVIEW3

Introduction3

Limitations of Afghan War4

Article 515

Use of Force7

Historical evolution of the use of force8

Commitment only for defense against aggression15

Self Defense in war17

STANDING OF SECURITY COUNCIL19

CHAPTER 03 METHODOLOGY22

Research Design22

Research limitations22

Reliability, and Validity23

Ethical Considerations24

Sample Size25

CHAPTER 04 DISCUSSION, AND ANALYSIS26

Discussion and Findings26

ANALYSIS27

INTERNATIONAL LAW27

Treaties28

CHAPTER 05 CONCLUSION AND RECOMMENDATION36

Conclusion36

Recommendations36

REFERENCES37

Chapter 1 Introduction

Structure of Dissertation

This research focuses on the various aspects of “use of forces in the Afghanistan war, and the primitive of self defense, and the articles of self defense, and the stand of Security Council on use of forces in war.

Introduction

In classical international law, the (right recourse to war) was considered an attribute of State sovereignty to resolve their disputes or to achieve other goals in support of their interests national. This law was evolving as the international society was organized, and it was felt necessary to introduce rules in order moderate the consequences of war.

Thus, the Peace Conferences Hague was aimed at regulating the conduct of hostilities. From the First World War, there were changes in regulating the use of force. The Covenant of the League of Nations introduced restrictions on the, and later, in 1928; the General Covenant the Renunciation of War (Kellogg-Briand) imposed the ban on the war.

Literature Review

The consequences that resulted from the attacks in USA (hereinafter, USA) in 2001, perpetrated by a terrorist group by hijacking three airliners and the subsequent collision the buildings of the World Trade Center and the Pentagon, leading to analysis made, taking into consideration the rules. Thus, we can determine whether the U.S. reaction to the attacks is covered by International Law, and if not, what penalties would accrue. In the first chapter provides a conceptual analysis relevant to clarification of the facts and give us tools to examine the U.S. action under international law.

With regard to the concept, the Dictionary of the Royal Academy defines terrorism as "rule by terror through the sequence of events violence carried out for this purpose ". The Geneva Treaty on Terrorism, the 1937, during the League of Nations, was the first precedent in search for a definition, understanding terrorism "criminal acts directed against a State and whose purpose or nature is to cause terror specific persons or group of people in the audience.

Methodology

Qualitative research was used for proposed study. Qualitative research is more subjective as compared to quantitative research and uses very different methods of collecting information which could be both primary and ...