International law and use of force by states

  • What is the use of force by the state?

    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): This principle is now considered to be a part of customary international law, and has the effect of banning the use of armed force except for two situations authorized by the UN Charter..

  • Article 51
    Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.
  • Often, states comply with treaties when they fear that their own noncompliance can trigger reciprocal noncompliance by other states.
    This works best when mutual cooperation is pre- ferred to mutual violation.

Can a state use force outside its territory?

Some theorists also believe that a state may be able to use force outside its territory in situations that do not affect the integrity or independence of another state.
These situations might include:

  • force used for humanitarian purposes or to protect citizens of the intervening state who are living abroad.
  • 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.

    What are the principles of international law?

    One of the most important principles of international law is the prohibition against the use of force.
    This rule is codified in Article 2 (4) of the United Nations Charter.

    Can force be used in a just war?

    Force could be used provided it complied with the divine will

    The concept of the just war embodied elements of Greek and Roman philosophy and was employed as the ultimate sanction for the maintenance of an ordered society


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