The Use of Force, War and the Role of the UN

The Use of Force, War and the Role of the UN

The corollary of the necessity of any effective legal system to

provide a fair and adequate means of peacefully settling disputes is a

prohibition on unlawful use of force. Theoretically, this necessity

not to use unlawful force can be said to be one of the most

fundamental rules of international law and has the status of jus

cogens. The United Nations Charter demonstrates profound commitment to

denounce the use of unlawful force in its preamble. It avows,

“[determined] to save succeeding generations from the scourge of

war….to reaffirm faith in fundamental human rights, in the dignity and

worth of the human person…to practice tolerance and live together in

peace with one and other as good neighbours…..[and of paramount

importance] to maintain international peace and security….”[1]

However, the actual use of force remains to be a highly litigious area

of international law. When legal principles are made to prevent

certain acts, it does not signify that those acts would never take

place. Hence, if war is written on the cards it is predestined that it

will take place. Not even international law can capitulate to this day

and age, but to stand back and watch[2].

It has been claimed by W. E. Hall[3], “International Law has no

alternative but to accept war, independently of the justice of its

origin, as a relation which the parties to it may set up if they

choose, and to busy itself only in regulating the effect of the

relation”. Through the course of time, international lawyers and

writers of international law have accepted this statement by W. E.

Hall. It is submitted, that such a statem...

... middle of paper ...

...y States (1963).

[10] Nicaragua v United States (Merits) (1986) ICJ Rep 14, Paras

187-201.

[11] Caroline Case (837) 2 Moore Digest 412.

[12] Ibid.

[13] Dinstein, War, Aggression and Self-Defence (1988).

[14] Spanish Zones of Morocco Claim (1952) 2 RIAA 615.

[15] Ibid.

[16] Harris, Cases and Materials on International Law 1991, pp 870-5.

[17] Akehurts, 'The Use of Force to Protect Nationals Abroad'

(1976-77) 5 International Relations 3.

[18] Naulilaa Case (1928) 2 RIAA 1012.

[19] Ibid.

[20] Ibid.

[21] Harib Fort Incident 1964; Harris, Cases and Materials on

International Law 1991, pp 870-1.

[22] The Declaration on the Friendly Relations 1965 GA Res 2131.

[23] Dosweld-Beck, 'The Legal validity of Military Intervention by

Invitation of the Government' 56 BYIL 189 (1985).