International legality
Use of forcehttps://www.rulac.org/legal-framework/use-of-force
The body of international law that governs the use of force between states is called jus ad bellum. Jus ad bellum determines when one state may lawfully use force against another. It is sometimes called jus contra bellum to reflect that it is a legal regime based on the general prohibition of the use of force between states. Under customary international law and the Charter of the United Nations , the use of force is prohibited with two generally accepted exceptions. First, the United Nations Security Council may authorize the use force to maintain and restore peace and security. Under the collective security system set up by Chapter VII of the Charter of the United Nations, the Security Council is to take measures in case of a threat to the peace, breach of the peace or act of aggression. Such measures include the authorization of military action. Second, states may use force when acting in self-defence against an armed attack. Not every use of force amounts to an armed attack. An armed action must present a certain degree of gravity to entail the right to self-defence. The right to self-defence may be exercised individually or collectively. For self-defence to be lawful, the use of force in response to an armed attack must be both necessary and proportionate. It remains controversial whether the right to self-defence encompasses the right to self-defence against an armed attack by a non-state actor or a right to pre-emptive self-defence. Similarly, other purported exceptions such as humanitarian intervention or the use of force under the responsibility to protect doctrine are contested. Jus ad bellum and international humanitarian law International humanitarian law operates independently from questions surrounding the legality of the use of force between states. Regardless of the legality of the use force or more generally the reasons given for resorting to force, the obligations under international humanitarian law remain the same for all parties to a conflict. In other words, the application of humanitarian law does not involve a judgment on the legality or legitimacy of the resort to force. For example, a state claiming to act in self-defence against foreign aggression has exactly the same obligations under international humanitarian law as the purported aggressor. Any other approach would led to controversy and undermine international humanitarian law as each party would argue to be the victim of aggression. Similarly, international humanitarian law does not involve a judgment on the legality or legitimacy of use of force by armed groups. Taking up arms against the state is not a violation of international humanitarian law. In contrast, domestic law usually prohibits taking up arms against the state. Therefore, members of armed groups may face prosecution and punishment under domestic law for taking up arms, including for acts that are lawful under international humanitarian law. Interventions short of the use of force Coercive acts that do not amount to a use of force are prohibited under the principle of non-intervention. Direct or indirect support of a foreign state to an armed group opposing the territorial government in the form of funds, weapons, or training constitutes a breach of the principle of non-intervention.
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