Indian Journal of Law and Human Behavior
Volume 4 Number 2, July - December 2018
DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4218.6
Original Article
© Red Flower Publication Pvt. Ltd.
Legitimacy of the Use of Force in International Relations: Analysing
the State Practices
Abstract
‘Use of force’ has been the most debatable topic in international law.
The principle has been practiced in international relations for a long time
and is directly associated with the sovereignty of states and states employ
all possible ways to protect it. The international community needs to
limit and regulate the use of force in order to secure harmonious and
mutually beneficial co-existence. Lack of mutual trust among the nations
has been one of the foremost reasons for ‘use of force’. The UN Charter is
the primary instrument guiding the use of force in international relations.
There are two views for the ‘use of force’ in international relations-
restrictive and permissive. Under the UN Charter, as per the restrictive
view, there is a total ban on the use of force except for two cases, i.e self-
defence under Article 51 and enforcement action under Chapter VII of
Charter. As per the permissive view, States are allowed to use force under
situations like regime change or for humanitarian intervention. The
United States of America in its war against terrorism has adopted pre-
emptive self-defence policy. The present paper highlights the current
legal regime for the use of force and seeks to analyse the recent
developments and their influence on the legality of use of force by states.
It tries to find an answer to what are the boundaries for ‘use of force’
under the UN Charter. An attempt has also been made to discuss in brief
the Israel-Palestine conflict.
Keywords : Use of Force; Pre-Emptive Force; Armed-Attack;
Humanitarian Intervention Self-Defence.
Author Affiliation
*Assistant Professor of Law
**Research Scholar in Law (UGC-JRF),
Dr. Ram Manohar Lohiya National
Law University, Lucknow, Uttar
Pradesh 226012, India.
Corresponding Author
Aparna Singh,
Assistant Professor of Law, Dr Ram
Manohar Lohia National Law
University Lucknow
LDA, Kanpur Road Scheme,
Lucknow, Uttar Pradesh 226012,
India.
E-mail: greeneyeaparna@gmail.com
Received on 17.09.2018
Accepted on 01.10.2018
Aparna Singh*, Udai Pratap Singh**
Introduction
The Use of Force is undoubtedly among the
most debated topics in international law as
well as international relations. Indeed, the rules
concerning the use of force form a central part
of the international legal system, and, together
with other fundamental principles, they have
for a long time provided the framework for
organized international intercourse and
successful coexistence of states.
The domestic societies as well as the
international community need to limit and
regulate the use of force in order to secure
harmonious and mutually beneficial co-existence.
After the 1
st
World War the international legal
system has attempted to maintain peaceful co-
existence, but due to multiple reasons this has not
been an easy job. Lack of mutual trust among the
nations has been one of the most important reason
for this. Due to this the states often resort to the Use
of Force in their international relations, and they try
to justify their actions by giving their own
interpretations of the international law.
Further with the rise of neo-colonialism the
powerful nations often seek intervention in the
domestic matters of other poor and weak nations and
use force on false pretexts so as to install puppet
regimes in those states for their own interests. Such
pISSN: 2454-7107, eISSN: 2455-4189