On The Use Of Force In International Law Rules

The history of human beings is a history of the war. The use of force is always an effective way to settle the dispute. However, the cruelty and destruction of the war often enlightens the reason and conscience of human beings. It impels the men to make unremitting efforts for prohibition of the use of force in international relations.Entering into the 20th century, the international community started to limit or outlaw the war and the use of force by the institution and law. Furthermore, the UN Charter signed in 1945 realized the complete prohibition of the threat or use of force. But the prohibition of law can't prevent the countries using force in international relations. Since the World War â…¡, various partial wars and conflicts have counted more than 250. The legitimacy of the use of force becomes the focus in the international community. So the researches into the rules of the use of force in international law have profound significance.This article has about 47,000 words. It consists of four chapters. Chapter One reviews the evolutional history of the use of force in international law. The development of the use of force went through four periods. That is the period of dealing with war freely, the period of limiting the right to war, the period of abandoning the war and the period of complete prohibition of the threat or use of force, the UN Charter signed in 1945 prohibates the use of force completely-Article 2(4) of the UN Charter becomes the basic principle of the use of force in international law.Chapter Two introduces the principle and exception of the rules of the use of force. The principle of prohibition of the use of force is the most important principle of the use of force in international law. But never say never. The UN Charter affirms the two exceptions of the prohibition,according to Article 2(4) of the UN Charter, UN SC could take or authorize specific country to take military actions or authorize Regional orgnization to take Enforcement action.if an armed attack occurs against a member of the UN, the country has the rights of individual or collective self-defence.Chapter Three analyzes the challenges th at the use of force rule face inmodem international law. Though there is the prohibition of the use of force in international law, there are many countries use force in international relations. Just as people say,"For those people who need war, the war is just "The challenges that the use of force rule face reflect in the humanitarian intervention, the use of force by regional organization, the preventive self-defence and the US-led anti-terrorism military action in Afghanistan.Chapter Four proposes the suggestion of improving the rules of the use of force. Based on the experiences and lessons of the use of force in recent years, the improvement must embody two aspects, including enhancing the major function of the UN and improving the rules of the right of self-defence.