Use of Force between States: Scattered Observations

Abstract

The paper is three folded. The first part focusses on the general prohibition of threat and use of force, enshrined in Article 2 (4) of the UN. Indeed, use of force is outright prohibited and not only war (as did in 1928 the Briand-Kellogg Pact), thus outlawing the famous “measures short of war” too. Moreover, the ban is extended not only to the actual use of force but also to its threat. This prohibition is accompanied, within the UNC, by a mighty system of collective security embodied primarily in UNC Chapter VII. The second part will deal with Self-Defence as well as its alleged use against non-State actors. The question of anticipated (i.e. interceptive, preemptive and preventive) self-defence will be likewise addressed herein. The third and final part will be devoted to the analysis of four alleged exceptions to the principle of prohibition of use force in international relations: a) Protection of Nationals Abroad; b) Forcible counter-measures (or light self-defence); (Hot) Pursuit; d) Forcible Self-Help.