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Resort to military force: international law and practice

Author:
Issue 2002/7
Pg 487-501

Summary


The author examines the positions of international law in connection with the use of military force and analyses the practice of different countries in this field. The prevailing justifications for the use of military force during different periods in history are pointed out. Special attention is paid to the provisions of international agreements changing understandings of the use of military force – the Westfalen Peace Treaty, the Statutes of the League of Nations, the Geneva Protocol, the Kellog-Briand Pact and the UN Statutes. The author provides an in-depth analysis of the UN Statutes with regard to the use of military force. Explanation is given of the content and scope of Article 2 (4) of the UN Statutes in the light of later international agreements and the practices adopted by different countries. Also, debatable issues arising from different ways of interpretation are identified. The author seeks to define the concept of force and answer the question whether prohibition to use military force is conditional. Finally, the author focuses on exceptions to the prohibition - self-defence and resort to military force with the approval of the UN Security Council - and the conditions for application of the exceptions.

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