Use Of Force In International Law: Its Intended Outcome Vs. Practical Application

Jai Mulani, BBA LLB (Hons.), O.P. Jindal Global University

ABSTRACT

The principles of territorial integrity, sovereignty and independence have partly formulated the international order, within which lies a core element of international law that regulates resort to use of force by states and aims at minimising use of force as there is no end to this vicious cycle of exercising aggression. The provision set out under Article 2(4) of the U.N Charter elaborates on the issue of use of force, while it is contested that this principle acts as a customary international law and the entire global order is bound by this law. It is imperative to delve into the exceptions which are further provided under the articles 51, 42 and 43 of the Charter. These exceptions revolve around the UNSC’s commitment to having a collective security initiative and also the right to self-defence. Now, in the past few decades, states have widely cited their right to “self-defence” as a claim to act out aggressively against other states. This paper overlooks the aspect of unjust aggression as it can be witnessed in the ongoing Indo-Pakistan conflict and so on. It is indeed a known fact, that there have been instances wherein, terrorist organizations have wreaked havoc in states, all in order to further their personal interests and propaganda. There is an excessive need to deal with such non-state actors in a foreign state in a just and efficient manner in accordance with the international obligations. This paper tries to further this discussion by analysing the need for the states to protect themselves from such acts of terrorism. Essentially, this paper first asserts and analyses the international obligations and laws on use of force, then it addresses the issues pertaining to the exceptions as mentioned above through the means of analysing the case laws on this provision. Furthermore, it critically analyses the adequacy of these rights that are conferred upon states as mentioned under the U.N Charter and whether it is effective to counter present threats.