Thursday, June 20, 2019

Granada Assignment Example | Topics and Well Written Essays - 1250 words

Granada - Assignment ExampleIn another ruling the worldwide Court of Justice suggested that the discipline to self-defense could be invoked in an isolated low-intensity strike.4 Regardless there is a general standard that is safe for self-defense and where current by the UN Security Council force may not be used against another state not even for the purpose of rescuing ones nationals abroad, rescue aliens from widespread deprivation of human rights or as a pre-emptive strike against a grave but distant threat.5 The doctrine of opinio juris sive necessitatis which allows an opinion of law or a necessity of law together with state practice dictates that the moreoverions to the use of force in international law are far more(prenominal) flexible than they were when the UN Charter 1945 came into being.6 Since the end of World War II, the world has changed significantly to the extent that threats may be perceived differently. The invention of nuclear weapons, an increase in interna tional human rights, and the emergence of global terrorism have significantly affected attitudes to ward permissible uses of force.7 In assessing current conditions in the world today, Durant and Durant defend that international law as it is currently constructed cannot adequately regulate peace and security. A State must be ready at any bite to defend itself and when its essential interests are involved a state must be allowed to use any means it considers necessary to its survival.8 Controversy and study continuously challenged whether or not there are limitations on the right to self-defense. For example, when the US proposed the Kellog-Briant Pact of 1928, the Pact stated that no hindrance on war could restrict the right of a sovereign state to use force in self-defense.9 A similar statement was made by the International armed forces Tribunal for the Far East in 1948 which established that state sovereignty alone made self-defense an inherent right.10 The international law on the prohibition against war and the right to self-defense is therefore contested. If the doctrine of opinio juris and state practice creates customary international law, it can be argued that virtually any threat, regardless of how grave might be interpreted as a situation in which the right to self-defense can be invoked. Moreover, if state sovereignty prevails, the inherent right to self-defense gives states the authority to use force against another state for any number of reasons including pre-emptive strikes, or rescuing nationals, or any other purpose that can be peripherally justified, provided the state is protecting its sovereignty. The Invasion of Grenada The USs invasion of Grenada is just as controversial as the international law prohibiting war except in self-defense.11 When the decision was made to invade Grenada in 1983, it was justified on the grounds that American citizens were in danger and it was necessary to restore peace after a coup. However, it was well-kn own that the primary goal was to stop the spread of communism anywhere near

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