Military violence

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Military violence is a term from the international law of war and, according to a resolution of the United Nations from 1974, describes “the use of armed force by a state which is directed against the sovereignty, territorial integrity or political independence of another state or otherwise with the charter the United Nations is incompatible. ”Article 3 of the resolution contains a non-exhaustive list of acts of aggression. The United Nations Security Council can assess, on a case that other actions under the provisions of the Charter of the United Nations an aggression represent (Art. 4 of resolution).

International acts of violence

Regardless of the existence of a declaration of war , according to Art. 3 Resolution No. 3314 (XXIX) of December 14, 1974, each of the following acts is considered an act of aggression:

  1. the invasion or attack by the armed forces of one State on the territory of another State or any military occupation , even if temporary, resulting from such invasion or attack, or any violent annexation of the territory of another State or part thereof ;
  2. the bombardment or bombing of the territory of one state by the armed forces of another state or the use of weapons of any kind by one state against the territory of another state;
  3. the blockade of the ports or coasts of one state by the armed forces of another state;
  4. the attack of the armed forces of one state on the land, sea or air forces or on the sea and air fleet of another state;
  5. the use of armed forces of a state which is located on its territory with the consent of another state, in violation of the conditions provided for in the relevant agreement or any extension of their presence in that area beyond the expiry of the agreement;
  6. the fact that a state which has made its territory available to another state allows that territory to be used by the other state to commit an act of aggression against a third state;
  7. the sending of armed gangs, groups, rioters or mercenaries by a state or on its behalf if they carry out acts by force of arms against another state which, due to their gravity, are equivalent to the acts listed above, or if they have a substantial share in them.

sanctioning

The crime of aggression is a criminal offense under Article 5 of the Rome Statute of the International Criminal Court . “The crime of aggression” is defined in Art. 8 of the Statute as “the planning, preparation, initiation or execution of an act of aggression which, by its nature, gravity and scope, constitutes a manifest violation of the Charter of the United Nations of June 26, 19452 by a person who is actually in a position to control or direct the political or military action of a state. ”With regard to the relevant acts of aggression, the statute again refers to the UN resolution of December 14, 1974.

Art. 2 No. 3, 4 of the Charter of the United Nations contains a general prohibition of violence .

Justification under international law

It is internationally recognized that military force can be justified under certain conditions, especially for self-defense or emergency aid.

The establishment of a state of defense is regulated in Germany in Art. 115a GG, in Art. 5 of the NATO Treaty the so-called alliance case .

When it comes to the question of what is allowed, a distinction must be made between the right to war itself ( ius ad bello ) and the rules that must be observed during war itself ( ius in bello ), which are contained in international humanitarian law . So anyone who legally wages war can still violate international humanitarian law if the use of force is disproportionate and predominantly affects civilians.

armed forces

For Bundeswehr soldiers on deployment abroad , the use of military force is regulated in so-called Rules of Engagement (ROE). These are sets of rules that are drawn up by NATO and implemented at national level and that have the character of a command for soldiers.

The internal powers of the Bundeswehr are strictly regulated in Germany, e.g. B. for self-defense of military installations in the law on the application of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and allied armed forces as well as civil security guards . Article 35.3 of the Basic Law allows the armed forces to be used to support the police in the event of natural disasters or accidents under certain conditions.

Individual evidence

  1. ^ Resolution No. 3314 (XXIX). Definition of aggression December 14, 1974
  2. ↑ Michael Müller: UN resolution on the definition of aggression (1974). International Criminal Court and US Position, accessed July 4, 2020.
  3. ^ Roman Statute of the International Criminal Court Portal of the Swiss Government, accessed on July 4, 2020.
  4. ↑ The Charter of the United Nations United Nations website, accessed July 4, 2020.
  5. ^ The case of an alliance under Article 5 of the NATO Treaty. Declaration of the North Atlantic Council of September 12, 2001 (wording) sheets for German and international politics 2001.
  6. ↑ Peter Rudolf: On the Ethics of Military Violence, Science and Politics Foundation , Berlin 2014.