The Dynamics Of Force Of The International Law Essay

1506 Words Nov 30th, 2016 7 Pages
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 practical relevance of the principle is shown by the debates surrounding the invocation of use of force to initiate wars in Afghanistan and Iraq. A better understanding of the principle would allow for more informed opinions regarding such wars in public discourse.
This project aims to summarise the legal position of use of force in international law. To achieve this objective the United States of America’s invocation of use of force against Iraq is used as an illustration to show how use of force works in practice. The question ultimately sought to be answered is whether the USA’s use of force in Iraq was justified in international law. The hypothesis is that the USA’s use of force…

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