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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)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 23 January 2022

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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