
Contents
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I Introduction I Introduction
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II Preliminary Remarks about Legal Processes, Exceptions, and Jus Cogens II Preliminary Remarks about Legal Processes, Exceptions, and Jus Cogens
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III Reactive and Standalone Silence, and IO and State Silence III Reactive and Standalone Silence, and IO and State Silence
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IV Circumstances Calling for a State’s Reaction IV Circumstances Calling for a State’s Reaction
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A A Legal Claim A A Legal Claim
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B Determinacy and Consistency of the Legal Claim B Determinacy and Consistency of the Legal Claim
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C Who Is Expected to React? C Who Is Expected to React?
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D Institutional (or Not) Context D Institutional (or Not) Context
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V Knowledge V Knowledge
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A Claims in the UN Framework A Claims in the UN Framework
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B Actions and Claims Made Public through Media B Actions and Claims Made Public through Media
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C Covert, Quasi-Covert, and Unacknowledged Uses of Force C Covert, Quasi-Covert, and Unacknowledged Uses of Force
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VI Passage of Time VI Passage of Time
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VII Conclusion VII Conclusion
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3 State Silence and the Law on the Use of Force
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Published:April 2025
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Abstract
The United Nations (UN), and especially the UN Security Council (UNSC) and the UN General Assembly (UNGA), are a focal point where inter-State communication about the law on the prohibition of the use of force and its exceptions take place, and where knowledge of such communications or of the practice of the UN organs is promoted. These factors may contribute to the interpretation of State silence as acceptance of claims for new interpretations or modifications of the prohibition of use of force. However, clear, consistent legal justifications for the use of force are needed for silence in response to mean acceptance. Additionally, the prohibition of the use of force is a jus cogens norm, and that the claims about the law’s interpretation or change support exceptions to the main rule. These form part of the context in which State silence is to be interpreted and are factors that may point to the opposite interpretation of silence.
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