Legitimate use of military force against state-sponsored - Air University

The state contemplating intervention must first make a demand on the territorial state
concerned to remedy the problem; the territorial state must be given every opportunity and every
encouragement to act effectively to correct the situation; and the territorial state must be
unwilling or unable to act (Brierly, Maizel, and the International Commission of Jurists).
The action must be taken in accordance with rules and procedures set forth in the UN
Charter, chapters VII or VIII (Brownlie). Like invitation, if this condition is satisfied, then it
alone would legitimate the use of force. None of the other conditions for humanitarian
intervention are required in such circumstances.
The action must be taken outside of national territorial jurisdiction of any state, for
example, against pirates on the high seas or in Antarctica or areas with a similar regime
(Brownlie). Obviously, if the action is taken “outside of national territorial jurisdiction,” then no
intervention occurs. Additionally, concerning pirates (as we shall see below), separate authority
exists. 82
Hot Pursuit
The doctrine of hot pursuit is part of the law of the sea. It is overwhelmingly accepted as
part of customary international law and it has been codified in article 23 of the 1958 Geneva
Convention on the Law of the High Seas. 83 The doctrine legitimates the use of force in very
narrow circumstances that could have application in dealing with international terrorism. The
conditions underlying the doctrine are well settled.
The hot pursuit must begin within the pursuing state ‘s territory and continue out into the
high seas or in the air above. There is no analogous doctrine of hot pursuit on land. If pursued on
land, the justification must be under some other legal theory, such as, for example, selfdefense.
84 (1958 Geneva Convention on the Law of the High Seas, an. 23, para. 1.)
The pursuing state must have good reason to believe that the ship has violated its laws
and regulations while within its territory. The term ship in this instance refers to seagoing vessels
and to aircraft. The laws or regulations violated may be any law or regulation not limited to
criminal, fisheries, custom, shipping, or neutrality. The territory of the coastal state includes its
internal waters, territorial waters, and contiguous zone as well as the airspace above. However,
violations within the territorial zone are limited to rights for the protection of that zone. (1958
Geneva Convention on the Law of the High Seas, an. 23, para. 1.)
Hot pursuit can begin only after a signal to stop has been given. The signal may be either
audible or visual but it must be given at a distance to enable it to have been received. (1958
Geneva Convention on the Law of the High Seas, art. 23, para. 3.)
The pursuit must be continuous. Pursuit that is interrupted cannot be hot pursuit. Once
interrupted pursuit cannot be reestablished (1958 Geneva Convention on the Law of the High
Seas, art. 23, para. 1.)