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10 - Use of Force, Arms Control and Disarmament

Published online by Cambridge University Press:  19 May 2022

Stefan Talmon
Affiliation:
Rheinische Friedrich-Wilhelms-Universität Bonn
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Summary

This chapter, which is split into three parts, covers Germany’s perspective on the use of force; armed conflict and international humanitarian law; and arms control and disarmament. The first part discusses the finding of the German Constitutional Court that self-defence against non-State actors is a tenable interpretation of Article 51 of the UN Charter; the Federal Government justifying the fight against ‘ISIL’ in Syria on grounds of collective self-defence; Germany’s take on the legality of the Turkish invasion of north-eastern Syria under international law; Germany backing India’s cross-border strikes against terrorists in Pakistan-administered Kashmir; and Germany’s position that Saudi Arabia was invited to intervene in Yemen. The second part deals with the launch of the Humanitarian Call for Action by France and Germany; Germany opposing the new US position on Israeli settlements in the occupied West Bank; and Germany commenting on the ILC draft principles on the protection of the environment in relation to armed conflict. Germany’s condemnation of DPRK’s missile test is addressed in the last part.

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Publisher: Cambridge University Press
Print publication year: 2022

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