THE DYNAMICS OF ‘USE OF FORCE’ IN INTERNATIONAL LAW
I. INTRODUCTION
The use of force by states is enshrined under A. 2(4) of the UN Charter. A. 2(4) states that members of the UN shall refrain from the threat or use of force against, inter alia, the territorial integrity or political independence of another state. However, UN members enjoy two exceptions to the general prohibition against use of force. Firstly, a state can invoke A.42 of the charter through the UN Security Council to initiate collective action to enforce international peace and security. Secondly, a state can take recourse to self-defence as mentioned in A. 51 of the charter.
The concept of use of force is especially pertinent in today’s world because of the new dynamics which forces like terrorism have created. The …show more content…
To understand the United States’ argument, a brief history of UN resolutions regarding Iraq has to be recounted. On 2 August 1990 Iraq invaded Kuwait. The next day the UN Security Council adopted resolution 660. This resolution condemned Iraq’s attack and demanded Iraq’s withdrawal from Kuwait. Thereafter, the Security Council adopted resolution 678, which gave Iraq time till 15 January 1991 to withdraw from Kuwait. Iraq failed to comply with this deadline. As a result the USA commenced Operation Desert Storm the next day and Iraq was ultimately forced to withdraw from Kuwait. On 3 April 1991 the Security Council passed resolution 687 mentioning terms for a ceasefire in the Persian Gulf. The Resolution required Iraq to comply with a number of demands of the Security Council. These demands included destruction of Iraqi chemical and biological weapons, on-site inspection of the same and non-acquisition of any weapons of mass destruction and nuclear weapons. Iraqi officials accepted the terms and a formal ceasefire agreement was signed between the United States and
I. INTRODUCTION
The use of force by states is enshrined under A. 2(4) of the UN Charter. A. 2(4) states that members of the UN shall refrain from the threat or use of force against, inter alia, the territorial integrity or political independence of another state. However, UN members enjoy two exceptions to the general prohibition against use of force. Firstly, a state can invoke A.42 of the charter through the UN Security Council to initiate collective action to enforce international peace and security. Secondly, a state can take recourse to self-defence as mentioned in A. 51 of the charter.
The concept of use of force is especially pertinent in today’s world because of the new dynamics which forces like terrorism have created. The …show more content…
To understand the United States’ argument, a brief history of UN resolutions regarding Iraq has to be recounted. On 2 August 1990 Iraq invaded Kuwait. The next day the UN Security Council adopted resolution 660. This resolution condemned Iraq’s attack and demanded Iraq’s withdrawal from Kuwait. Thereafter, the Security Council adopted resolution 678, which gave Iraq time till 15 January 1991 to withdraw from Kuwait. Iraq failed to comply with this deadline. As a result the USA commenced Operation Desert Storm the next day and Iraq was ultimately forced to withdraw from Kuwait. On 3 April 1991 the Security Council passed resolution 687 mentioning terms for a ceasefire in the Persian Gulf. The Resolution required Iraq to comply with a number of demands of the Security Council. These demands included destruction of Iraqi chemical and biological weapons, on-site inspection of the same and non-acquisition of any weapons of mass destruction and nuclear weapons. Iraqi officials accepted the terms and a formal ceasefire agreement was signed between the United States and