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1.11.1.3 All Peaceful Alternatives Must Have Been Exhausted (Necessity – Jus adBellum). The jus ad bellum condition of necessity requires that no reasonable alternative meansof redress are available. 196 For example, in exercising the right of self-defense, diplomaticmeans must be exhausted or provide no reasonable prospect of stopping the armed attack orthreat thereof. 197The jus ad bellum criterion of necessity is different from the jus in bello concept ofmilitary necessity. 1981.11.2 U.N. Charter Framework and the U.N. Security Council. The Charter of theUnited Nations provides the modern treaty framework for jus ad bellum. Under the Charter ofthe United Nations, the U.N. Security Council has primary responsibility for the maintenance ofinternational peace and security. 199 The U.N. Security Council may determine the existence ofany threat to the peace, breach of the peace, or act of aggression, and may decide what measuresshall be taken under the Charter to maintain or restore international peace and security. 200 Forexample, the U.N. Security Council may recognize that a State is acting lawfully in self-defenseor that another State is the aggressor in an armed conflict. 201 In addition, the U.N. SecurityCouncil may authorize the use of military force. 202196 William H. Taft IV, Legal Adviser, Department of State, Self-Defense and the Oil Platforms Decision, 29 YALEJOURNAL OF INTERNATIONAL LAW 295, 304 (2004) (“The condition of ‘necessity,’ rather, requires that noreasonable alternative means of redress are available.”).197 For example, Madeleine Albright, Letter Dated 26 June 1993 from the Permanent Representative of the UnitedStates of America to the United Nations Addressed to the President of the Security Council, U.N. Doc. S/26003 (Jun.26, 1993) (“Based on the pattern of the Government of Iraq’s behavior, including the disregard for international lawand Security Council resolutions, the United States has concluded that there is no reasonable prospect that newdiplomatic initiatives or economic measures can influence the current Government of Iraq to cease planning futureattacks against the United States. Accordingly, as a last resort, the United States has decided that it is necessary torespond to the attempted attack and the threat of further attacks by striking at an Iraqi military and intelligence targetthat is involved in such attacks.”); Thomas R. Pickering, Letter Dated 20 December 1989 from the PermanentRepresentative of the United States of America to the United Nations Addressed to the President of the SecurityCouncil, U.N. Doc. S/21035 (Dec. 20, 1989) (“The United States has exhausted every available diplomatic means toresolve peacefully disputes with Mr. Noriega, who has rejected all such efforts. Action by the United States wastaken after Mr. Noriega declared on 15 December that a state of war existed with the United States, and followingbrutal attacks by forces of Mr. Noriega on lawfully present American personnel, murdering one American andinjuring and threatening others.”).198 Refer to § 2.2 (Military Necessity).199 U.N. CHARTER art. 24(1) (“In order to ensure prompt and effective action by the United Nations, its Membersconfer on the Security Council primary responsibility for the maintenance of international peace and security, andagree that in carrying out its duties under this responsibility the Security Council acts on their behalf.”).200 U.N. CHARTER art. 39 (“The Security Council shall determine the existence of any threat to the peace, breach ofthe peace, or act of aggression and shall make recommendations, or decide what measures shall be taken inaccordance with Articles 41 and 42, to maintain or restore international peace and security.”).201 For example, U.N. SECURITY COUNCIL RESOLUTION 661, U.N. Doc. S/RES/661 (1990) (“Affirming the inherentright of individual or collective self-defence, in response to the armed attack of Iraq against Kuwait, in accordancewith Article 51 of the Charter,”); U.N. SECURITY COUNCIL RESOLUTION 1368, U.N. Doc. S/RES/1368 (2001)(“Determined to combat by all means threats to international peace and security caused by terrorist acts, Recognizingthe inherent right of individual or collective self-defence in accordance with the Charter, 1. Unequivocally condemnsin the strongest terms the horrifying terrorist attacks which took place on 11 September 2001 in New York,42