Use of Force in International Law

Use of Force in International Law

Summary. A look at india's actions against Pakistan

Few principles of international law are as clear in theory and as contested in practice as the prohibition on the use of force. The catastrophic experiences of the two World Wars demonstrated the urgent need for a robust legal framework to prevent unilateral military aggression and maintain global peace. In response, the United Nations Charter, adopted in 1945, emerged as a binding international treaty that guides relations among states, ensuring the maintenance of international peace and security. Among its fundamental principles, the Charter explicitly enshrines the non-use of force, particularly in Article 2(4), which states:

“All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

This principle not only prohibits the use of force but also declares the threat of use of force unlawful, protecting the sovereignty and territorial integrity of states. As Dixon and McCorquodale highlight, the prohibition on force is inseparable from the broader objective of maintaining collective security and preventing the erosion of the international legal order through unilateral military action.

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