Brief remarks on the unilateral use of force

Abstract

There can be no doubt that the NATO action in Kosovo can (and must) be seen as legitimate, while, on the other hand, the jamming of the Security Council by China and Russia cannot. The actual lawfulness of the initiative, however, is more debatable, even though arguments based both on the UN Charter and on the law of state responsibility can be made in its favour and indeed become persuasive when seen together with, and in light of, Resolution 1244 (1999) of the Security Council. Nevertheless, it is essential that new 'community' mechanisms be found in the future in order to avoid being restricted to a choice between the 'Zorro' principle (as applied in Kosovo) and the Munich policy. A revival of Resolution 'Dean Acheson' (1950) and a deepening of the notion of 'state crime' and its consequences provide, among others, possibilities for limiting the need for legitimate but legally dubious unilateral uses of force.