{"title":"论为防止种族灭绝而单方面使用武力的非法性争议:国际法院在乌克兰诉俄罗斯案中通过的“怀疑性”条款","authors":"Fethullah Bayraktar","doi":"10.33458/uidergisi.1213906","DOIUrl":null,"url":null,"abstract":"The ICJ in its order dated 16 March 2022, decided that the legality of the unilateral use of force to prevent acts of genocide is ‘doubtful’. Based on this order, it is possible to say that the ICJ provides a yellow light to unilateral use of force for the prevention of acts of genocide. But the ICJ expressed its opinion in this respect in 2007, underlining that every state may only act within the limits permitted by international law. The doctrine underscored that the unilateral use of force for the prevention of genocide was forbidden. In this situation, the following question arises: is it really doubtful? To find the answer to this question, it is necessary to examine the legal basis and means for the prevention of genocide. In this article, the legality of the unilateral use of force for the obligation to prevent genocide has been comprehensively discussed.","PeriodicalId":414004,"journal":{"name":"Uluslararası İlişkiler Dergisi","volume":"23 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On the Controversial Illegality of the Unilateral Use of Force for the Prevention of Genocide: The ‘Doubtfulness’ Clause Adopted by the ICJ in the Case Filed by Ukraine Against Russia\",\"authors\":\"Fethullah Bayraktar\",\"doi\":\"10.33458/uidergisi.1213906\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The ICJ in its order dated 16 March 2022, decided that the legality of the unilateral use of force to prevent acts of genocide is ‘doubtful’. Based on this order, it is possible to say that the ICJ provides a yellow light to unilateral use of force for the prevention of acts of genocide. But the ICJ expressed its opinion in this respect in 2007, underlining that every state may only act within the limits permitted by international law. The doctrine underscored that the unilateral use of force for the prevention of genocide was forbidden. In this situation, the following question arises: is it really doubtful? To find the answer to this question, it is necessary to examine the legal basis and means for the prevention of genocide. In this article, the legality of the unilateral use of force for the obligation to prevent genocide has been comprehensively discussed.\",\"PeriodicalId\":414004,\"journal\":{\"name\":\"Uluslararası İlişkiler Dergisi\",\"volume\":\"23 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Uluslararası İlişkiler Dergisi\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33458/uidergisi.1213906\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Uluslararası İlişkiler Dergisi","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33458/uidergisi.1213906","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
On the Controversial Illegality of the Unilateral Use of Force for the Prevention of Genocide: The ‘Doubtfulness’ Clause Adopted by the ICJ in the Case Filed by Ukraine Against Russia
The ICJ in its order dated 16 March 2022, decided that the legality of the unilateral use of force to prevent acts of genocide is ‘doubtful’. Based on this order, it is possible to say that the ICJ provides a yellow light to unilateral use of force for the prevention of acts of genocide. But the ICJ expressed its opinion in this respect in 2007, underlining that every state may only act within the limits permitted by international law. The doctrine underscored that the unilateral use of force for the prevention of genocide was forbidden. In this situation, the following question arises: is it really doubtful? To find the answer to this question, it is necessary to examine the legal basis and means for the prevention of genocide. In this article, the legality of the unilateral use of force for the obligation to prevent genocide has been comprehensively discussed.
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