The Use or Threat of Force and The Concept of Armed Attack

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI:
The Use or Threat of Force and The Concept of Armed Attack

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This chapter reports on the legality of action against imminent threats from the armed forces of a state just outside territorial waters. It consists of many references to ‘resort to force’ or ‘the use of force’, and such terms have been employed in Article 2, paragraph 4, of the United Nations Charter and in other important instruments. Questions of defence in reaction to aerial intrusions are also considered. In addition, it deals with some considerations of a general nature relating to the concept of armed attack and the mechanics of attack, its beginning, and the quantum of force employed. It is stated that a naval force of a state which had stated its intention to attack, approaching territorial waters, might be regarded as offensive and intercepted on the high seas.

Keywords: armed forces; armed attack; legality; threats; territorial waters; state; United Nations Charter

Chapter.  4178 words. 

Subjects: Public International Law

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