Dissertations / Theses on the topic 'Recours à la force armée – 1990-'
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Thielen, Ophélie. "Le recours à la force dans le cadre des opérations de maintien de la paix contemporaine." Paris 1, 2010. http://www.theses.fr/2010PA010319.
Full textKhiar, Yazid. "L'autorisation implicite en matière de recours à la force." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1038.
Full textIraq 2003: a coalition led by the United States and the United Kingdom undertook military action based on a legal authorization to use force implicitly contained in Security Council Resolution 1441 (2002). This argument was also highlighted in Kosovo (1999), and Liberia (1992).These three cases illustrate the application of a practice known as the implied authorization for use of force. While the authorization for use of military force must result from explicit Security Council Resolution, the implied authorization is based on an interprÉtation between the lines of Security Council Resolutions in order to highlight such an authorization. The States that had recourse to it made it abundantly clear that a precedent cannot result of this practice on the sidelines of international legality. However, despite its controversial nature, it tends to become the privileged support of the State in the absence of an explicit authorization.Hence a paradox of the implied authorization which we will assess the legality, by examining the modalities of its elaboration and its application. The difficulties by resolving the question of its validity under international law will lead us to overcome this particular standard of legality by substituting it for that of conformity, more flexible, in an original legal framework: the legality of exception. We shall finally see that the teleological approach of the implied authorization suffers substantial gaps so that we will reaffirm the dual requirement of the clear mandate and the control within the Security Council Resolutions authorizing use of force
Ketari, Leïla. "Le fondement du recours à la force à la lumière des conflits impliquant l'Irak en 1991 et 2003 : entre autorisation et légitime défense." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111024.
Full textThe recent conflicts that involved Iraq in 1990 and 2003 are both conflicts fought primarily by the United States of America against Iraq. If the first is based, despite theright of collective self-defense, on an authorization of the Security Council, in accordancewith an evolutionary interpretation of the Charter, the second is based on a liberal interpretation of the Charter: the implied authorization and preventive and anticipatory self defense to eradicate a threat This research attempts to analyze the arguments put forward bythoroughly vetting the United States of America’s rationale based on its national securitystrategy to act in the international order. Beyond exploring the relationship of the 2003conflict to the new theories which attempt to extend the authorization and self-defense and therehabilitation of old concepts of "just war" or "auto-protection" in force in the NineteenthCentury, the impact of these new theories on the principle of the prohibition of the use offorce was also analyzed. These same theories are neither accepted as lege lata nor acceptableas lege ferenda. Accordingly, the principle of the prohibition of the use of force has in no waybeen breached. Instead of accepting these theories, a way to deal with threats should besought through the strengthening of the role of the UN (both its political and judiciaryorgans)
Jovanović, Miloš. "Légitimité et légitimation du recours à la force dans l'après-guerre froide : Étude de cas : l'intervention militaire de l'OTAN contre la République fédérale de Yougoslavie (1999)." Paris 1, 2010. http://www.theses.fr/2010PA010325.
Full textHuet, Véronique. "Le recours unilatéral à la force armée en droit international : étude de la pratique récente." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32021.
Full textSome States had recourse to unilateral armed force by the sending of military troops as in Kosovo, in Afghanistan and in Iraq these last years. Firstly, we will analyse international system of recourse to force by means of expressly and implicitly authorization and the enlargement of self-defense after the afghan case in 2001. Secondly, we will look into the political and juridical involvements of unilateral recourse to force in international relations as for the commitment of international liability of intervening forces, as well as the necessary reconstruction of the peace making system
Pacreau, Xavier. "La légitime défense préventive." Paris 2, 2008. http://www.theses.fr/2008PA020077.
Full textDelorge, Jeanne-Marie. "L'évolution du jus ad bellum : du droit de recourir à la force armée." Paris 5, 2007. http://www.theses.fr/2007PA05D009.
Full textThis work relates to the evolution of the right to resort to force. With through times, the recourse to armed force, which is a particular form of war, was limited. But prohibition to employ the sovereign right to recourse to force in international relations is a very recent conquest of the Humanity which allows the States to live in a world of peace today. So that is remains, peace supposes that the war becomes an illicit act in international law and that there is an institutional framework in which the collective security can exists. The recourse to the force remains: either centralized in the hands of a restricted body or within the framework of the self-defence. Although all the States accepted this system, some of them, most powerful, try to escape from the rules while trying to justify and legitimate their actions in comparison with the international law
Peyró, Llopis Ana. "Les relations entre l'Organisation des Nations Unies et les organisations régionales en matière coercitive." Paris 1, 2004. http://www.theses.fr/2004PA010287.
Full textMichaloudi, Roumpini. "La justification de l'intervention armée unilatérale dans la cadre des conflits intra-étatiques." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA002.
Full textThis thesis examines the arguments and the modalities of justification of the military interventions of States, of the coalitions of the willing and of the regional organizations in the internal conflicts of other States by virtue of the international law, when these interventions take place outside the framework of the UNO. This type of intervention is current nowadays given that the intra-state conflicts constitute the overwhelming majority of world conflicts and taking into consideration the multidimensional crisis of the UNO. The justifications invoked by States as well as by the doctrine aim to legalize or at least to legitimize what would be considered at first sight as an illegal use of force under the law of the United Nations and in particular under the principle of non- intervention in civil wars
Kreipe, Nils. "Les "autorisations" données par le Conseil de sécurité à des mesures militaires." Paris 10, 2004. http://www.theses.fr/2004PA100183.
Full textIt is generally acknowledged that the Security Council can "authorize" the recourse to armed force, and that such "authorization" provides sufficient legal basis for military measures. However, no satisfactory explanation of the "authorization" has yet been developed. Actually, the "authorization" is not to be regarded as a "permission" of recourse to armed force, exempting the States of the respect of the prohibition of the military coercion (article 2 (4) of the Charter). Rather, it reminds the concept of agency, the "authorization" providing a mandate that enables States to undertake military enforcement measures on behalf of the Council. "Authorized" States thus exercise the Security Council's powers of military coercion. The cases of Kosovo and Iraq show that it is conceivable that the Security Council can grant such a mandate implicitly, and that he can also "ratify" military measures ex post
Holeindre, Jean-Vincent. "Le renard et le lion : la ruse et la force dans le discours de la guerre." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0023.
Full textThis dissertation is an in-depth study of the cunning /strength dialectics in the war discourse. The approach is that of a genealogy. The research probes into the Greek, Roman, Hebraic and Christian foundations of the strategic thought, then focuses on the way the mastery of cunning at war gradually infiltrated political science (Machiavelli), the law of war (Grotius), and modem strategy (Clausewitz). The dissertation unfolds as a long history of the strategic thought and highlights the fact that it has always acknowledged the contribution of cunning. , which counters the theory according to which there is a "western way of war"(V. D. Hanson) exclusively based on strength, which is to be opposed to an "eastern" model relying on cunning. Indeed, denouncing the enemy’s cunning appears as one essential element in the discourse on "just war" which was inherited from the Romans, in so far as it has always worked as a mighty tactics to legitimize strength. Labelling the enemy a cunning perfidious fighter is a way of turning one's own army into the embodiment of legitimate strength. Both in the political and military arena, cunning and strength are to be regarded as Iwo inseparable essential factors in a strategy grammar, whatever the culture. Cunning and strength are complementary from a tactical, strategic and political point of view; cunning being a multiplying factor for the effects of strength and also a major trait of strategic intelligence. The study naturally leads to an analysis of the contemporary forms of war (wars between nations, irregular wars, civil wars). In today's world, cunning, beside strength, still provides both attack and defence solutions, and it is used both by the "strong" and the "weak"
Mulier, Thibaud. "Les relations extérieures de l'État en droit constitutionnel français." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D026.
Full textThis study presents constitutional law as an ideal framework to analyze the foreign relations of the State. Through a double standpoint, it examines these relations from the State’s perspective and through the action of the empowered organs of the State. In this way, the study aims to highlight the institutional and normative specificities of State’s foreign relations. When the State establishes diplomatic and military relations at the outer-limits of its borders, it assumes a singular role compared to other political non-state unities. It performs a political function (fonction-fin), as defined by Charles EISENMANN, which belongs to the field of foreign relations. This political function is hold by the State in order to fulfill one basic need of the sovereign collectivity : to establish and to maintain “good relations” outside its boundaries – irrespective of the conflictual or cooperative nature of these relations. Because law and politics are intertwined, the function of foreign relations do not pre-define the distribution of powers within the State. Nevertheless, it exerts some influence on the constituent’s choices and on the practices of the empowered organs. At the interface between the State’s interior and exterior, constitutional analysis enables therefore to reexamine many elements usually taken as evident. This study assesses them and observe its effects. For example, it is possible to nuance the State’s monopoly on foreign relations and, through a historical perspective, to moderate the governmental concentration of the direction of foreign affairs
Alassani, Zéinatou. "L'évolution du droit de recourir à la force : vers une reconnaissance de l'« autorisation implicite »." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR076/document.
Full textThe purpose of this research on the evolution of the right of States to use force in international relations is to show, following a historical approach based on international law, that State practice in this area has changed. Indeed, from the right to "make war" recognized as a sovereign right, passing through the first attempts of its leadership in the nineteenth century, the significant rupture came in 1945 with the creation of the UN; the United Nations Charter has enshrined the principle of the prohibition of the use of force,except for the self-defense and the authorization of the Security Council. However, since no details were given as to the form this authorization of the Security Council should take, as early as 1966, as in the Rhodesian case, the latter explicitly authorized the use of "force". From 1990, he gained confidence with the technique of authorization and retained the implicit formulation of "authorizes Member States to use all necessary means". Though, sometimes a resolution is neither explicit nor implicit, but states intervene,arguing the existence of an implied authorization because of the emergence of theories like"preventive war","war on terror" or "humanitarian intervention". Cases of interventions in 1992 in Liberia, 1999 in SierraLeone and Kosovo and in 2003 against Iraq are illustrators. So, based on the interpretation of Council resolutions, implied authorization tends to become the rule in the maintenance of international peace and security. Therefore, to avoid reducing the jus ad bellum to excessive unilateralism, and by demonstrating the conformity of the implied authorization with the established legal regime of the use of force in international law, we invite the redefinition of this one
Détais, Julien. "Les nations unies et le droit de légitime défense." Phd thesis, Université d'Angers, 2007. http://tel.archives-ouvertes.fr/tel-00346398.
Full textAbuhamoud, Alshiabani. "L'ingérence pour la démocratie en droit international." Thesis, Tours, 2010. http://www.theses.fr/2010TOUR1002.
Full textThe 2003 war against Iraq has focused attention on a problem that has been latent since the French Revolution in 1789. It is about the question whether international law allows states to intervene in the internal affairs of one another in order to overthrow non-democratic regimes and to establish democratic regimes in their place. The emergence of the United States as a superpower has led to a boost in the practice of this kind of intervention called the pro-democratic intervention. In believing that it has a manifest destiny and in believing in the universality of its principles, the United States has, since its creation, an interventionist foreign policy based on the right- supposedly universal- to intervene against despotic regimes. The war against Iraq is the latest example of a long list of American interventions in the internal affairs of other states considered as non-democratic states
Suleiman, Lourdes. "Le rôle du droit international dans l'émergence d'un Etat palestinien. Difficultés et limites." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30041.
Full textThe international community and the international law are facing a great challenge: find the solution to end the Israeli-Palestinian conflict. The study of the Israeli-Palestinian conflict in light of international law shows many difficulties related to the emergence of a Palestinian state. Indeed, this conflict is a source of violation of international law specifically a violation of human rights that continues to strike in this area. Violations against international law go back to the time of the British mandate and are finally characterized by the impunity towards the entities that have committed them. Therefore, this allows us to highlight the weaknesses of international law, more specifically those of the United Nations that is confronted with the constant breach of its principles and decisions. We have tried to overcome this infernal situation by using the techniques offered by the international law that aims to put an end to a conflict. There is a technique that seems to be the most appropriate for the Israeli-Palestinian conflict known as the negotiation. However, the peace process that began in 1990 is now almost forgotten.Despite all this, the creation of a Palestinian state is the base to the solution of the Israeli-Palestinian conflict. This present study aims to demonstrate, based on the definition of the State under international law, that Palestine has, on one hand, confirmed elements/components that are imperfect, allowing the latter to constitute a State under international law, and on the other, that it can’t achieve statehood to the extent that certain elements necessary for statehood remain questionable. What Palestine is missing is effectiveness
Al, Hadad Ibrahim. "Le droit international à l'épreuve des grandes puissances : légalité et illégalité des interventions militaires." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100042/document.
Full textThe end of the cold war, marked by the agreement between the five major permanent member states of the United Nations Security Council, instead of a decline in their external military interventions, has, on the contrary, increased in number, which detracted from the general rule, considered as an imperative norm Qus cogens), that of the prohibition of the use of force in international relations. Despite the attempts to justify the various large-scale interventions carried out in the name of collective security (interventions authorized by the Security Council) or unilaterally, they have departed from the requirements of international law and the United Nations Charter. As a result, they appear to be in varying degrees to illegal actions. Indeed, they have been based on extensive interpretations of the Charter or on the breach of it or even in violation of the resolutions of the Council Security itself, as can be seen from the major interventions carried out in IRAK by the allies in 1991, those of NATO in KOSOVO in 1999, the US in AFGHANISTAN, through the US and British occupation of IRAQ in 2003, the intervention of Russia in GEORGIA (2008), NATO in LIBYA (2011) and that of FRANCE in MALI (2013). This did not fail to revive the debate, recurrent in the international bodies concerned, on the need to reform the Security Council (enlargement of its composition and regulation of the veto) as well as to establish a real contrai of legality on its acts