Evaluation of United Nations Charter Principles on Use of Force and State Practices A Critical Legal Study with special reference to Israel Russia and USA

Abstract

The Use of Force is undoubtedly among the most debated topics in international law and 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. newlineThe 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 1st World War, the international legal system has attempted to ensure peaceful co-existence, but due to multiple reasons this has not been an easy thing to do. Lack of mutual trust among the nations has been one of the most important reason for this. Apart from that, personal interests of states in the territories of other states is also the other big reason for disturbance of peace and security. Due to this the states often resort to the use of armed force in their mutual relations, and then try to justify their actions by giving their own interpretations of the international law. newlineAlthough, the law itself is reasonably clear on the question of legality of use of force and prescribes a very limited number of exceptions to the general prohibition of the use of force, states and legal authors have for a long-time advocated increase in the scope of right of self-defence and hence have pushed forward the permissive approach towards provisions on use of force. In order to further their individual interests or to cope with new developments and problems at the international level powerful nations have been pushing the limits of the principle of use of force beyond what has been envisaged in the Article 2(4) of the UN Charter. newline newlineAnother area which has garnered lot of attention in the past is the right of pre-emptive self-defence. The most debatable and controversial attempt to widen the scope of right of self-defence is based on the argument that States have