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Year 2022, Volume: 19 Issue: 76, 39 - 52, 21.02.2023
https://doi.org/10.33458/uidergisi.1213906

Abstract

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

Year 2022, Volume: 19 Issue: 76, 39 - 52, 21.02.2023
https://doi.org/10.33458/uidergisi.1213906

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.

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Details

Primary Language English
Subjects Political Science
Journal Section Articles
Authors

Fethullah Bayraktar 0000-0003-3977-0726

Publication Date February 21, 2023
Published in Issue Year 2022 Volume: 19 Issue: 76

Cite

APA Bayraktar, F. (2023). 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. Uluslararası İlişkiler Dergisi, 19(76), 39-52. https://doi.org/10.33458/uidergisi.1213906
AMA Bayraktar F. 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. uidergisi. February 2023;19(76):39-52. doi:10.33458/uidergisi.1213906
Chicago Bayraktar, Fethullah. “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”. Uluslararası İlişkiler Dergisi 19, no. 76 (February 2023): 39-52. https://doi.org/10.33458/uidergisi.1213906.
EndNote Bayraktar F (February 1, 2023) 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. Uluslararası İlişkiler Dergisi 19 76 39–52.
IEEE F. Bayraktar, “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”, uidergisi, vol. 19, no. 76, pp. 39–52, 2023, doi: 10.33458/uidergisi.1213906.
ISNAD Bayraktar, Fethullah. “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”. Uluslararası İlişkiler Dergisi 19/76 (February 2023), 39-52. https://doi.org/10.33458/uidergisi.1213906.
JAMA Bayraktar F. 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. uidergisi. 2023;19:39–52.
MLA Bayraktar, Fethullah. “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”. Uluslararası İlişkiler Dergisi, vol. 19, no. 76, 2023, pp. 39-52, doi:10.33458/uidergisi.1213906.
Vancouver Bayraktar F. 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. uidergisi. 2023;19(76):39-52.