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Part VI Key Issues in Times of Armed Conflict, Ch.22 Use of Force

Giovanni Distefano

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Handbooks in Law
Published in print:
13 March 2014
ISBN:
9780199559695

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Subject(s):
UN Charter — Vienna Convention on the Law of Treaties — Travaux préparatoires — Aggression — Self-defence — Armed attack — Necessity — Countermeasures — Proportionality
Article 2(4) of the Charter of the United Nations1 (UN Charter) introduced for the first time a comprehensive ban on the use of force in international relations between states. Indeed, the use of force is prohibited outright, applying not only to the waging of war (as in the Briand-Kellogg Pact of 1928) but also to forcible measures short of war such as intervention, blockades, and reprisals. Moreover, the ban extends not only to the actual use of force but also to its threat. The prohibition is accompanied by a robust system of collective security embodied...
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