Forcible PNA has long been a neglected doctrine in the international plane. Later developments prove that the doctrine is not at all outdated, while it has certainly survived the Charter, passing the legality test on certain conditions. However, this analysis does not suffice, given that the human element of the doctrine seems to be more important than ever. The recent Russian example has shown how nationality can be used as a manipulative tool, employed to shield a state’s territorial claims. However, it has also revealed that international law is not prepared to deal with the case a state invokes the doctrine to protect a large diasporic group of theirs, or people who are not strictly nationals, according to the applicable legal provisions. This chapter focuses on the human element of forcible PNA. The precondition for this analysis is that one accepts that the doctrine can be seen through the lens of human rights, and that the human element is an indispensable part of it. In this respect, the international regimes regarding the use of force and human rights protection are not completely unrelated to each other.

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Forcible PNA and the Human Element

  • Ioanna Pervou

摘要

Forcible PNA has long been a neglected doctrine in the international plane. Later developments prove that the doctrine is not at all outdated, while it has certainly survived the Charter, passing the legality test on certain conditions. However, this analysis does not suffice, given that the human element of the doctrine seems to be more important than ever. The recent Russian example has shown how nationality can be used as a manipulative tool, employed to shield a state’s territorial claims. However, it has also revealed that international law is not prepared to deal with the case a state invokes the doctrine to protect a large diasporic group of theirs, or people who are not strictly nationals, according to the applicable legal provisions. This chapter focuses on the human element of forcible PNA. The precondition for this analysis is that one accepts that the doctrine can be seen through the lens of human rights, and that the human element is an indispensable part of it. In this respect, the international regimes regarding the use of force and human rights protection are not completely unrelated to each other.