This text is an excerpt of a Handbook of international law ("Diritto internazionale per filosofi", in Italian) published by Grin in 2014. It deals with the evolution and the content of the current prohibition of use of force in international law.
Both the common sense and many scholars with historical or political background, therefore without expertise in international law, approach international law with the prejudice that war, whose presence is witnessed throughout the history as an element which cannot be eliminated from human affairs, would be a tool which States can still and always legitimately use. War and more generally the possibility of resorting to armed force would represent the counter-proof of the thesis which considers the international society as an example of the state of nature, of the war condition of all against all: the hobbesian condition of "homo homini lupus" ("every man is a wolf for any other man").
Despite the fact that history records many cases of resort to armed force in international relations, that is, in the community of those entities characterized by the principle of sovereign equality, the consideration of States’ practice in international law does not allow to conclude that in general the use of armed force in international relation is permitted. Quite on the contrary, an adequate analysis of the current international order demonstrates armed force is prohibited as a principle, with the sole exception of self-defence, and that recently such a prohibition has assumed peremptory character. Because of the devastating effects which, at the time of atomic and mass destruction weapons, the use of armed force could produce on the possibility itself of the coexistence of the international subjects, the prohibition of the use of force has become the most important rule in international law and its respect is one of the most important factors which guarantee the coexistence of States and ultimately the very survival of the human race.
Inhaltsverzeichnis (Table of Contents)
- Introduction. The most important rule in international law.
- Notes on the historical evolution of the prohibition of the use of armed force
- Nature of the prohibited force. Armed force and economic coercion
- The exceptions to the prohibition of the use of armed force: the collective security system
- (continued): The exceptions to the prohibition of the use of armed force: peace-keeping missions and their consensual foundation
- (continued): The exceptions to the prohibition of the use of armed force: individual and collective self-defence and the resolutions of the Security Council authorizing the use of armed force
- Collective self-defence.
- Implied powers
- Modification of the Charter by subsequent practice
- Use of regional arrangements
- (continues): The exceptions to the prohibition of the use of armed force: some considerations on humanitarian intervention.
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text explores the historical development and current legal standing of the prohibition of the use of force in international law. It aims to demonstrate that despite the frequent occurrence of armed conflict in history, the use of force is generally prohibited under international law, with exceptions such as self-defense.
- Historical evolution of the prohibition of the use of force
- The concept of "just war" and its relevance in contemporary international law
- The exceptions to the prohibition of the use of force
- The role of international organizations in regulating the use of force
- The relationship between international law and the use of force in a globalized world
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction. The most important rule in international law. This chapter introduces the central argument that the use of force in international relations is generally prohibited, and that this prohibition is the most important rule in international law. It discusses the history of the prohibition of the use of force and its importance for the survival of the human race.
- Notes on the historical evolution of the prohibition of the use of armed force. This chapter provides a historical overview of the prohibition of the use of force, emphasizing its increasing importance since the end of the Respublica Christiana. It also examines the transition from the concept of "just war" to the current prohibition of the use of force.
- Nature of the prohibited force. Armed force and economic coercion. This chapter explores the definition of "armed force" and its distinction from other forms of coercion, such as economic sanctions. It also discusses the legal implications of different types of force.
- The exceptions to the prohibition of the use of armed force: the collective security system. This chapter focuses on the collective security system as an exception to the prohibition of the use of force. It examines the role of the United Nations and other international organizations in authorizing the use of force for collective security purposes.
- (continued): The exceptions to the prohibition of the use of armed force: peace-keeping missions and their consensual foundation. This chapter discusses the role of peacekeeping missions as an exception to the prohibition of the use of force. It examines the legal basis for peacekeeping missions and the importance of consensual agreements.
- (continued): The exceptions to the prohibition of the use of armed force: individual and collective self-defence and the resolutions of the Security Council authorizing the use of armed force. This chapter explores the legal principles of individual and collective self-defense as exceptions to the prohibition of the use of force. It also examines the role of the Security Council in authorizing the use of force in specific situations.
- (continues): The exceptions to the prohibition of the use of armed force: some considerations on humanitarian intervention. This chapter examines the controversial issue of humanitarian intervention and its relationship to the prohibition of the use of force. It discusses the legal and ethical complexities surrounding the use of force for humanitarian purposes.
Schlüsselwörter (Keywords)
This text focuses on the prohibition of the use of force in international law, exploring its historical evolution, legal basis, and exceptions. Key terms and concepts include: international law, armed force, self-defense, collective security, humanitarian intervention, just war, proportionality, and the role of international organizations.
- Quote paper
- Dr. Giuliana Scotto (Author), 2019, The Use of Force in International Law, Munich, GRIN Verlag, https://www.grin.com/document/489008
