Use of Force International Law Simplified Lex Animata by Hesham Elrafei

Use of Force in International Public Law, explained and simplified in a visual nutshell

By Hesham Elrafei

At the end of World War I, the League of Nations failed to prevent states, from using military force to resolve their disputes, as It did not prohibit war nor impose any responsibility, on wrongdoing States.

Instead, The League of Nations requested disputing countries, to try and settle their dispute peacefully, and if not, to wait for three months before going to war.

Ten years later, the Treaty of Paris was adopted. Although its wording is stronger than the League Covenant, the Treaty merely ‘condemned recourse to war.

As a result, many countries entered into bilateral non­aggression agreements to protect themselves; however, most of those treaties did not last, as going to war was not prohibited.

At the end of World War II, and to prevent any future atrocities, The UN charter expressly prohibited all threats to use force, as well as the actual use of armed force.

Therefore, the reason behind the use of military force is irrelevant, Since all instances of armed force are prohibited.

In the Corfu Channel case, a British warship entered Albanian waters without approval, to remove mines that blocked international navigation, after been responsible for the destruction of passing British ships.

The UK denied any breach of the Charter, because it meant only to remove the mines , and had no impact on Albania's territorial integrity, or political independence.

The court disagreed with the UK, holding that a violation of Albanian territorial integrity took place, even if the action was temporary, and had limited objectives.

Therefore, Military force is illegal, even if it is not aimed at disrupting other nations' territorial integrity, or political independence.

Similarly, it also means that military actions not authorized by the security council, to restore democracy or to change a political regime,­ are illegal under the charter.

This is also attested in the Friendly Relations Declaration, adopted by the UN General Assembly, as it prohibits all kinds of external intervention, in other nation's domestic affairs, which is also stipulated in section 7 of Article 2 of the charter.

However, the use of force does not include, The unilateral imposition of political and economic measures or sanctions.

On the other side, the use of armed force is not always prohibited, as states are allowed to use military force, under two conditions:

First, in a self­defence case, A state can use military force, to defend itself from an armed attack.

And second, the Collective security, which means the use of armed force authorized by the UN security council, against rogue or violent States , or even against non State entities, such as pirates and terrorist organizations.

While The UN is the only international body authorized to use force outside self-defense cases, it still has to depend on states to offer their troops, as it does not have its own military.

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Use of force
the Nicaragua case,
Oil Platforms,
the Nuclear Weapons Advisory Opinion and
Serbia & Montenegro v Belgium (Case Concerning the Legality of Use of Force).
the Caroline case.
(a) the prohibition of force and self­defence (Arts 2(4) and 51 UN Charter and
(b) collective security and the role of the Security Council (SC) under Chapter VII of the UN Charter.

UN General Assembly Resolution 2625 (XXV) of 24 October 1970. This is one of the most important resolutions adopted by the General Assembly and is known as the Friendly Relations Declaration.

[NIKS]

It's amazing channel of law ever!!! Very thanks.

[harshpanwar]

This is absolutely amazing. Please create more such content. Thank you

[isatousarr]

The use of force in international law is governed by principles that aim to maintain global peace and security while balancing state sovereignty with the protection of human rights. The core framework for regulating the use of force is enshrined in the United Nations (UN) Charter, particularly in Article 2(4), which prohibits the use of force against the territorial integrity or political independence of any state. This principle is a cornerstone of international law, aimed at preventing conflicts and upholding the peaceful resolution of disputes.

However, there are exceptions to this general prohibition. Article 51 of the UN Charter recognizes the inherent right of self-defense if an armed attack occurs, allowing states to use force in response to such an event until the Security Council takes action to restore peace. Additionally, the Security Council itself can authorize the use of force in cases where it deems a threat to international peace and security, as seen in interventions and peacekeeping operations.

The challenge, however, lies in the interpretation and application of these principles. Issues such as humanitarian interventions, where force is used to prevent widespread human rights abuses, present complex legal and ethical questions. The principle of Responsibility to Protect (R2P), for example, has been invoked to justify actions that prioritize protecting civilians, even if that means infringing on state sovereignty. This has led to debates about whether such interventions are legitimate or if they risk setting dangerous precedents that undermine international order.

Moreover, the emergence of non-state actors, terrorism, and new warfare technologies such as drone strikes and cyberattacks complicate the application of traditional international law. These developments challenge existing legal frameworks, pushing scholars and policymakers to consider how to adapt international law to maintain relevance and efficacy in addressing modern conflicts.

Overall, the use of force in international law must balance the right of states to defend themselves with the need to prevent unjustified conflicts and protect global security. This requires consistent international cooperation, robust legal standards, and accountability mechanisms that ensure the responsible use of force while safeguarding the principles of peace and human dignity.

[NiruWicky]

this was gret! thank you and keep it up!

[drahmedabdelzaher]

رائع وبالتوفيق دائما يا معالي المستشار الجليل

[AmanBhide-vz]

UNHINGED! Yes please dont stop the not so subtle name calling