Legal Regulations Use of Force Off Shore Installations Chania 6-2015

7/25/2019 Legal Regulations Use of Force Off Shore Installations Chania 6-2015

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Legal Regulation of theUse of Force against

Offshore Energy

Installations

Dr. Kiara NERI

Maitre de confrences-Universit Lyon 3


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+Introduction

Interest of the subject

Definition of terms : what are we talking about?


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+Introduction

Interest of the subject : why do we need to focus on the legalregulations of the use of force against off-shore platforms

Because of the strategic and economic importance of thoseinstallations

Because of the content of the law of naval warfare/law of armedconflicts at sea:

Hostile actions are authorized, under the law of naval warfare onmaritime zones that may content off-shore energy installations:

IW; TS of the belligerent State (para. 10a San Remo Manual)

EEZ and CS of belligerent State (para. 10a San Remo Manual)

EEZ and CS of neutral States (para. 10c San Remo Manual)

As a result off shore installations on the continental Shelf or EEZ ofbelligerent States are potentially subject to attack, because of theirlocation : in a zone where hostile action may take place.


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+Introduction

Definition of terms : what are we talking about?

What do we mean by use of force ?

Art. 24 UN Charter against the territorial integrity or political

independence of any state, or in any other manner inconsistent withthe Purposes of the United Nations.

As opposed to law enforcement.

We will focus on the legal framework provided by International Law

of Armed Conflicts (bothjus ad bellum andjus in bello).

Which kind of off shore installations are we talking about?Off-shore Oil platforms

Renewable energy installations (i.e. offshore wind farms)


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+I- The Use of Force against

Offshore Energy Installations inthe framework of thejus ad

bellum1. Jus ad bellum general rules

2. The application of these rules to the issue of off shore

energy installation


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bellum

1. Jus ad bellum general rules Prohibition of the use of force (24 UN Charter)

Exception :

Security Council authorization (Chapter VII UN Charter-art. 42)

Solicited intervention

Decolonization/fight against unlawful occupation

Self defense (only relevant option here)


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bellum

2. The application of these rules to the issue of off shoreenergy installation


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bellum

Self defense

Paragraphs 3 to 6 of the Manual recall the conditions for the use of

force in self-defense at sea, including against off shore

installations:

the existence of a prior armed attack

the necessity of the response

the proportionality of the response


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+Armed attack

conditionsine qua nonrequired for the exercise of the right

to individual or collective self-defense

ICJ Nicaragua Case : attacks on nicaraguyan oil installations

US tried to justify by the right to collective self-defense in

response of an alleged armed attack on the part of Nicaragua

against El Salvador

BUT no prior Armed attack demonstrate

Guyana v. Surinam Arbitration (2007)

Law of countermeasures to justify the threat to the use of force

Not accepted by the Tribunal


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+Necessity of the armed response

Oil plaform case (2003):

In the case both of the attack on the Sea Isle City and the mining of

the USS Samuel B. Roberts, the Court is not satisfied that the attacks

on the platforms were necessary to respond to theseincidents becausethere is no evidence that the United States complained to

Iran of the military activities of the platforms, in the same way

as it complained repeatedly of minelaying and attacks on

neutral shipping, which does not suggest that the targeting of

the platforms was seen as a necessary act. The Court would also

observe that in the case of the attack of 19 October 1987, the UnitedStates forces attacked the R-4 platform as a "target of opportunity",

not one previously identified as an appropriate military target (see

paragraph 47 above)


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+Proportionality of the armed

response

Oil platform case:

As to the requirement of proportionality, the attack of 19 October

1987 might, had the Court found that it was necessary in response to

the Sea Isle City incident as an armed attack committed by Iran,have been consideredproportionate.

Attack of 19 October 1987 on Reshadatsplatform was

proportionate ; Attacks of 18 April 1988 on Nasr and Salman oil

platforms where, on the contrary, disproportionate.

Why? they formed part of a much more extensive military action,

designated Operation Praying Mantis, conducted by the UnitedStates against a number of targets, including the destruction of

two Iranian frigates and other Iranian naval vessels and aircraft.


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+II- The Use of Force against

Offshore Energy Installations in

the framework of thejus in bello

1. Military objective

2. Protection of the environment


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+1. Military objective

Two cumulative criteria have to be met (Article 52(2) of the

1977 Additional Protocol I ):

to make an effective contribution to military action

AND an object whose partial or total destruction offers a definite

military advantage

Neutral States off shore installations : NOT a military

objective

Belligerent States off shore installation : are military

objective if they are used for military purposes


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+2. The protection of the

environment San Remo Manual :

Methods and means of warfare should be employed with due regardfor the natural environment taking into account the relevant rules ofinternational law. Damage to or destruction of the natural environmentnot justified by military necessity and carried out want only is

prohibited (para 44).

Additional Protocol (I) to the Geneva Conventions, 1977

Care shall be taken in warfare to protect the natural environmentagainst widespread, long-term and severe damage. This protection

includes a prohibition of the use of methods or means of warfare whichare intended or may be expected to cause such damage to the natural

environment and thereby to prejudice the health or survival of thepopulation. Attacks against the natural environment by way of reprisalsare prohibited (art. 55).

It is prohibited to employ methods or means of warfare which areintended, or may be expected, to cause widespread, long-term andsevere damage to the natural environment (art. 353).

Legal Regulations Use of Force Off Shore Installations Chania 6-2015

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