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.
Table of Contents
1. Introduction. The most important rule in international law
2. Notes on the historical evolution of the prohibition of the use of armed force
3. Nature of the prohibited force. Armed force and economic coercion
4. The exceptions to the prohibition of the use of armed force: the collective security system
5. (continued): The exceptions to the prohibition of the use of armed force: peace-keeping missions and their consensual foundation
6. (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
A) Collective self-defence.
B) Implied powers
C) Modification of the Charter by subsequent practice
D) Use of regional arrangements
7. (continues): The exceptions to the prohibition of the use of armed force: some considerations on humanitarian intervention
Objectives & Core Topics
This work examines the historical development and the contemporary status of the prohibition of the use of force in international law, specifically analyzing the challenges posed by the Security Council’s practice under the UN Charter.
- The evolution of the "just war" doctrine towards a total prohibition of armed force.
- The role and limitations of the UN Security Council regarding collective security.
- Critique of unilateral "authorizations" to use force and the "all necessary means" formula.
- The relationship between the prohibition of force and peremptory norms (jus cogens).
- The legal validity of humanitarian intervention and its compatibility with international law.
Excerpt from the Book
1. Introduction. The most important rule 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.
Summary of Chapters
1. Introduction. The most important rule in international law: This chapter establishes the fundamental prohibition of the use of force in modern international law, contrasting it with historical perceptions of war.
2. Notes on the historical evolution of the prohibition of the use of armed force: The chapter explores the transition from the "just war" (bellum iustum) doctrine to the contemporary legal framework limiting armed force.
3. Nature of the prohibited force. Armed force and economic coercion: This section investigates whether the notion of forbidden force extends beyond military means to include economic or political coercion.
4. The exceptions to the prohibition of the use of armed force: the collective security system: The author outlines the UN Security Council’s responsibilities and the primary exceptions to the prohibition of force under the Charter.
5. (continued): The exceptions to the prohibition of the use of armed force: peace-keeping missions and their consensual foundation: This chapter analyzes the legal basis and practical application of UN peace-keeping operations as distinct from enforcement measures.
6. (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: A critical examination of self-defence and the questionable legitimacy of Security Council authorizations for the use of force.
7. (continues): The exceptions to the prohibition of the use of armed force: some considerations on humanitarian intervention: This chapter challenges the legal justification for humanitarian interventions that involve armed force and contradict the UN Charter.
Keywords
International Law, Use of Force, UN Charter, Security Council, Collective Security, Self-Defence, Jus Cogens, Humanitarian Intervention, Prohibition of Force, Sovereignty, Armed Aggression, League of Nations, Economic Coercion, Peace-keeping, Peremptory Norms
Frequently Asked Questions
What is the core focus of this publication?
The work focuses on the evolution and current legal status of the prohibition of the use of armed force in international law, emphasizing the UN Charter's framework and its practical challenges.
What are the primary thematic fields covered?
Key themes include the history of international conflict regulation, the Security Council's collective security mechanism, the theory of implied powers, and the hierarchy of international norms (jus cogens).
What is the author's primary research argument?
The author argues that the prohibition of the use of force is a peremptory norm (jus cogens) and that the Security Council, as a political body, frequently oversteps its legal authority by authorizing military actions outside the Charter's clear limits.
Which scientific methodology is employed?
The book utilizes a legal-analytical approach, examining the text of the UN Charter, international practice, state conduct, and relevant case law from the International Court of Justice.
What does the main body address?
The main body treats the historical evolution of war, the nature of economic versus military coercion, the limitations of the collective security system, and the legal controversies surrounding specific Security Council resolutions.
Which keywords characterize the work?
Central keywords include International Law, UN Charter, Jus Cogens, Prohibition of Force, and Collective Security.
How does the author characterize the Security Council's practice?
The author characterizes the Council's recent practices—specifically the "all necessary means" resolutions—as legally problematic, "extra vires," and inconsistent with the strict requirements of the UN Charter.
How does the work view "humanitarian intervention"?
The author views armed humanitarian intervention with deep skepticism, arguing that there is an irreconcilable contradiction between protecting human rights and employing means of destruction that violate the rights of the civilian population.
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- Dr. Giuliana Scotto (Autor:in), 2019, The Use of Force in International Law, München, GRIN Verlag, https://www.grin.com/document/489008
