The Use of Force as a Plea of Necessity
Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legal...
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Format: | Article |
Language: | English |
Published: |
Cambridge University Press
2017-01-01
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Series: | AJIL Unbound |
Online Access: | https://www.cambridge.org/core/product/identifier/S2398772317000757/type/journal_article |
Summary: | Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where the action remains wrongful, but the wrongdoer may be released from responsibility for the wrongdoing. |
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ISSN: | 2398-7723 |