What is International Law and Use of Force?
Historical Background
Key Points
10 points- 1.
Article 2(4) of the UN Charter: Prohibits the threat or use of force against the territorial integrity or political independence of any state.
- 2.
Article 51 of the UN Charter: Recognizes the inherent right of individual or collective self-defense if an armed attack occurs, until the UN Security Council takes necessary measures.
- 3.
UN Security Council (UNSC): Has primary responsibility for maintaining international peace and security and can authorize the use of force under Chapter VII of the UN Charter.
- 4.
Customary International Law: Supplements treaty law, particularly regarding self-defense against non-state actors or in situations not explicitly covered by treaties.
- 5.
Proportionality and Necessity: Any use of force in self-defense must be necessary to repel the attack and proportionate to the threat faced.
- 6.
Anticipatory Self-Defense: A contentious concept, generally not accepted under the UN Charter, which requires an 'armed attack' to have occurred or be imminent.
- 7.
Collective Security System: The idea that states should collectively respond to threats to peace, primarily through the UNSC, to maintain global stability.
- 8.
Humanitarian Intervention: A contentious concept where force is used to prevent mass atrocities, often without explicit UNSC authorization, raising questions of legality.
- 9.
Responsibility to Protect (R2P): A UN principle that states have a responsibility to protect their populations from mass atrocities, and if they fail, the international community has a responsibility to intervene.
- 10.
Jus in Bello (Law of Armed Conflict/International Humanitarian Law): Governs the conduct of hostilities once force is used, ensuring protection of civilians and limits on weapons.
Visual Insights
UN Charter: Article 2(4) vs Article 51
Comparison of the prohibition of the use of force (Article 2(4)) and the right to self-defense (Article 51) under the UN Charter.
| Article | Description | Conditions |
|---|---|---|
| Article 2(4) | Prohibition of the use of force | Against the territorial integrity or political independence of any state |
| Article 51 | Right to self-defense | If an armed attack occurs against a member of the UN |
Recent Developments
5 developmentsDebates over the legality of interventions against non-state actors (like ISIS) operating from sovereign states without their explicit consent.
Challenges to the UNSC's effectiveness due to the veto power of its permanent members, often leading to stalemates.
Increased use of cyber warfare and its implications for the definition of 'use of force' and 'armed attack' under international law.
The concept of 'unwilling or unable' doctrine used by some states to justify strikes against non-state actors in another state's territory if that state is unwilling or unable to address the threat.
Ongoing discussions on the scope of self-defense in the face of persistent terrorist threats and cross-border attacks.