THE USE OF FORCE FOR PROTECTION NATIONALS ABROAD IN THE CONTEXT OF LAW OF THE SEA
DENİZ HUKUKU BAĞLAMINDA DEVLETLERİN ÜLKE DIŞINDAKİ VATANDAŞLARINI KORUMAK İÇİN KUVVET KULLANIMI

Author : Nihal TOKER
Number of pages : 562-580

Abstract

The use of force for the protection of nationals abroad is a conception describing that a State uses force for saving its nationals abroad from death risk or death. Entebbe Incident(1976) is the most stunning example of this conception which occurs in territory. States using force for protection nationals abroad face with another state’s territorial sovereignty and so this territorial sovereignty conflicts with another state’s nationals lives. This conflict is not in question if the use of force for protection of nationals abroad occurs in places outside the jurisdiction of any state such as the ice islands in the Arctic Ocean, the Antarctic or the high seas. In these areas, article 2/4 of United Nations Charter imposing prohobition of the use of force comes into play but this article forbids threat or the use of force against the territorial integrity and the political independence. Given that territorial integrity doesn’t find meaning in areas which are outside of national jurisdiction, when the use of force for protection nationals abroad occurs in such these areas a question may come into mind: Is this use of force in the extent of article 2/4 of United Nations Charter?

Keywords

The use of force protection nationals abroad, law of sea, territorial sovereignty.

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