friedrich nietzsche's thus spoke zarathustra

This paper attempts to provide a conclusion as to the current state of international law with regards to the permissibility of assisting a Government engaged in civil strife and a conclusion on the legality of Operation Decisive Storm launched by a coalition of Arab states in Yemen on the 26th of March 2015. Yemen is used as a case study for this examination as both issues are evident in the facts of the current conflict. These are the issues of State support to Governments engaged in civil strife and the ever increasing utilisation of non-state actors as tools for furthering a State’s foreign policy interests. This paper examines the operation of the international law principle on the prohibition of the use of force with regards to two contemporary issues frequently witnessed in Middle Eastern international relations. In the ILC terminology, this is self-defence in its role as a secondary rule. The circumstance precluding wrongfulness of self-defence, contained in Article 21 ARS, serves to preclude the wrongfulness of potential breaches of obligations (other than the prohibition of force) binding the States involved in an armed conflict, so long as the breach of those obligations is a collateral effect of self-defensive forcible measures adopted in conformity with the requirements of the right of self-defence under international law. In the ILC terminology, the right of self-defence is a primary rule.

The right of self-defence, codified in Article 51 of the UN Charter and recognised in customary international law, is an exception to the prohibition of force only.

The study explains that self-defence has two roles in international law.

The paper examines the development of this provision in the work of the ILC and considers relevant practice by States and international tribunals in relation to this defence. This study considers self-defence in its role as a circumstance precluding wrongfulness, as codified in Article 21 of the ILC’s Articles on State Responsibility.

Friedrich nietzsche's thus spoke zarathustra