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4.4.7. Forcible Countermeasures
While the term ‘countermeasures’ is generally used within the meaning of unarmed…
The Nicaragua judgment of the International Court of Justice is of particular…
‘[…] the lawfulness of the use of force by a State in response to a wrongful act…
The Court reiterated this finding in the following paragraphs again:…
‘While an armed attack would give rise to an entitlement to collective self-defence,…
Afterward, the Court concluded:…
‘These violations cannot be justified […] by any right of the United States to take…
According to quoted passages above from the Nicaragua judgment, it is clear that collective forcible countermeasures are impermissible in the eyes of the International Court of Justice. However, the question of whether forcible countermeasures alone are permissible under international law is not exclusively addressed. According to Hargrove, there are two possible interpretations of these statements: i) no State, including the directly injured State alone, is permitted to take countermeasures involving the use of force; or ii) the only State permitted to resort to forcible countermeasures is the directly injured State alone.…
Those who oppose Simma’s view accept that the injured State of a use of force not…
Consider a case in which the Security Council could take no action due to political…
Since the gap between ‘armed attack’ and ‘use of force’ is quite narrow for traditional…
Since the prohibition of the use of force is generally believed, in literature, to…
4.4.6. Prohibited Countermeasures
4.4.8. Collective Countermeasures
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