International Law Retorsion Reprisal Use of Force
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International Law explained | Use
International Law explained | Use of Force: Retorsion and Reprisal | Lex Animata | Hesham Elrafei
States are sovereign and equal subjects of international law. They are committed to honor agreements , respect other countries' independence and integrity, and to settle disputes peacefully. Therefore states are not free to intimidate, or to use military force against one another, or to intervene in each other’s affairs.
Self-defense, Retorsion, and reprisal, are three categories of force, available to states under international law.
Retorsion is a lawful but unfriendly and harmful action, conducted by a country, to hit back against the aggressive legal activity, of another state.
Accordingly, Retorsion is a legitimate method for a country, to express its displeasure, in a way that hurts another state, while staying within the boundaries of the law.
Examples of retorsion include the severance of diplomatic relations, the deportation of foreign nationals, and imposing economic and travel restrictions.
On the other hand, Reprisals are illegal actions taken by a state, in retaliation for the commission of an earlier unlawful act, by another country.
Therefore, reprisal is a limited and deliberate violation of international law, meant to punish another sovereign state, that has already broken the law.
The Naulilaa dispute, between Portugal and Germany in 1928, is the classic case dealing with the law of reprisals, when the German military raided the colony of Angola, and destroyed property, in revenge for the mistaken killing of three Germans in the Portuguese territory.
Although countries are not allowed to use force, to resolve their disputes, a Military Reprisal could be legal, if carried out in accordance with the right to self-defense, or if the United Nations security council authorizes the use of military force, to protect international peace.
States are sovereign and equal subjects of international law. They are committed to honor agreements , respect other countries' independence and integrity, and to settle disputes peacefully. Therefore states are not free to intimidate, or to use military force against one another, or to intervene in each other’s affairs.
Self-defense, Retorsion, and reprisal, are three categories of force, available to states under international law.
Retorsion is a lawful but unfriendly and harmful action, conducted by a country, to hit back against the aggressive legal activity, of another state.
Accordingly, Retorsion is a legitimate method for a country, to express its displeasure, in a way that hurts another state, while staying within the boundaries of the law.
Examples of retorsion include the severance of diplomatic relations, the deportation of foreign nationals, and imposing economic and travel restrictions.
On the other hand, Reprisals are illegal actions taken by a state, in retaliation for the commission of an earlier unlawful act, by another country.
Therefore, reprisal is a limited and deliberate violation of international law, meant to punish another sovereign state, that has already broken the law.
The Naulilaa dispute, between Portugal and Germany in 1928, is the classic case dealing with the law of reprisals, when the German military raided the colony of Angola, and destroyed property, in revenge for the mistaken killing of three Germans in the Portuguese territory.
Although countries are not allowed to use force, to resolve their disputes, a Military Reprisal could be legal, if carried out in accordance with the right to self-defense, or if the United Nations security council authorizes the use of military force, to protect international peace.
3 سال پیش
در تاریخ 1400/01/31 منتشر شده
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