The Shadow Side of Aid: When Assistance Veers into Indirect Force

Abstract

This research article explores the concept of indirect application of force in international law, focusing on situations where one state aids or supports another state in using force against a third state. The analysis is grounded in Article 2(4) of the United Nations Charter and principles of state responsibility, particularly examining the threshold at which supporting another state's use of force constitutes an indirect application of force by the aiding state. The study reviews legal frameworks, including the International Law Commission's Principles on the Responsibility of States, United Nations General Assembly resolutions, and relevant international jurisprudence.

The article discusses various perspectives on the distinction between complicity and joint responsibility in the context of aiding aggression, highlighting factors such as the nature of assistance, direct nexus to the use of force, intent, and the quality of the contribution. It also presents case studies, including military aid to Ukraine amid the Russia-Ukraine conflict, to illustrate the complexities and implications of the indirect application of force.

Key findings suggest that while providing support or assistance alone may not constitute an indirect use of force, significant contributions that directly impact the supported state's use of force could lead to joint responsibility under international law. The article concludes by emphasizing the importance of clarifying legal standards and thresholds for determining the indirect application of force to uphold international peace and security effectively