International law and the use of force by states

Works by Ian Brownlie
Prosecuting Internation.

Article 51 of the UN Charter acknowledges self-defense as an exception to the prohibition against the use of force. This provision explicitly allows a state to use force in response to an armed attack by another state. UN members must report actions taken in self-defense to the UN Security Council.

The UN Security Council can itself approve a use of force if necessary 'with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression' (another explicit exception to the prohibition on the use of force, so long as force is 'necessary to maintain or restore international peace and security').

Is a use of force illegal?

It is reminiscent of the view, expressed by some at the time of the action over Kosovo, that a use of force may be unlawful but justified.17 That may be so, but that is not a matter for legal assessment.
Lawyers should confine themselves to law, or at least make it clear when they are stepping outside their field.

What is a new journal on the use of force?

The Prohibition on the Use of Force in Contemporary International Law (2010); Y.
Dinstein, War, Aggression and Self-Defence (5th ed., 2011).
A new journal is to be published from August 2014:

Journal on the Use of Force and International Law

which will include :

a digest of State practice on the use of force.

When should force be used in international law?

See also N.
Lubell, ‘The Problem of Imminence in an Uncertain World’ (M.
Weller (ed.), The Oxford Handbook of the Use of Force in International Law (2014). “Force may be used only when any further delay would result in an inability by the threatened State effectively to defend against or avert the attack against it.

Who controls the use of force by States?

(February 2011) ( Learn how and when to remove this template message) The use of force by states is controlled by both customary international law and by treaty law.
The UN Charter reads in article 2 (4):.

Are UN Member States obligated to refrain from using force?

Some of the main conclusions are: UN member states are obligated to refrain from threat or use of force against territorial integrity and political independence of another state

The exclusive right of using force is situated only in the Security Council

Can force be used in international law?

Not so many topics of international law cause a greater interest as the use of force

The roots of this discipline (Ius ad Bellum) lie on trying to find an answer to the question of when force can legitimately be used in the international arena

Why was force used against foreigners?

The force has been used against states which abused its sovereignty and cruelly treated population regardless of whether they are foreigners or its nationals

The third argument for justification of the use of force was using force due to overthrow or retaining certain regime

×Jus ad bellumThe use of force between states is governed by jus ad bellum, which determines when one state may lawfully use force against another. The use of force is prohibited under international law, unless it is authorized by the UN Security Council under Chapter VII of the UN Charter, conducted in the exercise of the inherent right to self-defence, or consented to by the territorial State. Any state that uses force against the territorial integrity or political independence of another state violates this rule of international law.,The cornerstone of the first domain lies in the UN Charter and more specifically in the prohibition of the use of armed force that is en…