Use of Force Flashcards
What is the Article of the UN Charter that denies the use of force
Article 2(4)
What does Article 2(4) of the UN charter say
“All members shall refrain in their international relations from the threat or use of force against the territorial integrity or independence of any state, or in any other manner inconsistent with the purposes of the United Nations”
What does Article 103 say?
“In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.”
This means that you can’t legalise the use of force
What UN Article protects the right of self-defence?
Article 51
What is reasonable force?
More of a tentative concept that argues that states only have the right to repel attack, which is limited
What body can legitimate the use of force and under what chapter and article of the UN Charter?
The Security Council
Chapter 7, Article 42
What is the guiding principle behind the use of force?
Fairness - you have to respond reasonably to stimulus where it is a fair and proportionate response