- The Oxford Handbook of International Law in Armed Conflict
- Dedication
- Preface
- Table of Cases
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Current Challenges to International Humanitarian Law
- The Role of the International Committee of the Red Cross
- Customary Humanitarian Law Today: From the Academy to the Courtroom
- Treaties for Armed Conflict
- Land Warfare
- Air Warfare
- Maritime Warfare
- The Law of Occupation
- The Law Applicable to Peace Operations
- The Law of Neutrality
- The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack
- The Principle of Distinction Between Civilians and Combatants
- Proportionality in the Law of Armed Conflict
- Internal (Non-International) Armed Conflict
- The Right to Life
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- International Fair Trial Guarantees
- Economic, Social, and Cultural Rights in Armed Conflict
- Protection of the Natural Environment
- Protection of Cultural Property
- Members of the Armed Forces and Human Rights Law
- Use of Force
- Terrorism
- Unlawful Combatants
- Private Military and Security Companies
- International Human Rights Law in Time of Armed Conflict
- Gender and Armed Conflict
- Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law
- War Crimes and Other International ‘Core’ Crimes
- Focusing on Armed Non-State Actors
- State Responsibility and the Individual Right to Compensation Before National Courts
- Transitional Justice
- Index
Abstract and Keywords
This chapter examines the provisions of the Charter of the United Nations (UN Charter) concerning the comprehensive ban on the use of force in international relations between states. It provides a legal definition of aggression and self-defence and addresses some unanswered questions concerning some of the alleged exceptions to the comprehensive ban on the use of force. It shows that the obligation not to resort to threat or use of force is not subordinated to the actual functioning of the UN collective security system and highlights the UN Charter’s establishment of substantive and institutional framework for making the prohibition on the use and threat of force between states a truly attainable goal.
Keywords: use of force, UN Charter, international relations, aggression, self-defence, collective security system, institutional framework
Giovanni Distefano is Professor of Public International Law at the University of Neuchâtel. He is also Visiting Professor at the Geneva Academy of International Humanitarian Law and Human Rights.
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- The Oxford Handbook of International Law in Armed Conflict
- Dedication
- Preface
- Table of Cases
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Current Challenges to International Humanitarian Law
- The Role of the International Committee of the Red Cross
- Customary Humanitarian Law Today: From the Academy to the Courtroom
- Treaties for Armed Conflict
- Land Warfare
- Air Warfare
- Maritime Warfare
- The Law of Occupation
- The Law Applicable to Peace Operations
- The Law of Neutrality
- The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack
- The Principle of Distinction Between Civilians and Combatants
- Proportionality in the Law of Armed Conflict
- Internal (Non-International) Armed Conflict
- The Right to Life
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- International Fair Trial Guarantees
- Economic, Social, and Cultural Rights in Armed Conflict
- Protection of the Natural Environment
- Protection of Cultural Property
- Members of the Armed Forces and Human Rights Law
- Use of Force
- Terrorism
- Unlawful Combatants
- Private Military and Security Companies
- International Human Rights Law in Time of Armed Conflict
- Gender and Armed Conflict
- Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law
- War Crimes and Other International ‘Core’ Crimes
- Focusing on Armed Non-State Actors
- State Responsibility and the Individual Right to Compensation Before National Courts
- Transitional Justice
- Index