The prohibition of use of force in international law : the role of the United Nations

Abstract

Is the potential demise of the longest-reigning charter on peace and security on the horizon? In an increasingly multipolar world, characterized by the resurgence of intense power rivalries and the expanding presence of non-State actors, the Charter's prohibition on the use of force is being subjected to numerous tests. Prominent instances of intervention, such as the ongoing conflict following Russia's 2022 invasion of Ukraine, exemplify the complexities and obstacles associated with the prohibition's enforcement. The UN Secretary General denounces the invasion for contravening one of the fundamental principles of the UN Charter, as articulated in Article 2(4), which forbids the use of force against another state. This research project focuses on the Prohibition on the Use of Force in International Law and its role as a jus cogens norm. The permissible use of force and Chapter VII authorization from the Security Council are also being explored. The study further analyses the efficacy of the UN General Assembly when the Security Council is deadlocked due to a veto by a permanent member. The Uniting for Peace Resolution, implemented only 13 times in UN history, is assessed as a mechanism for the General Assembly to exercise expanded powers, including the use of force, while exploring whether the UN Charter's rules on the use of force align with modern International Law and examining the potential for reform in both the UN's functions and provisions governing the use of force. The ongoing Russia-Ukraine conflict, a major recent tension source, is considered in this context, with the aim of providing insights into the rules' effectiveness in conflict prevention and resolution. This analysis aims to enhance understanding of international law's role in upholding peace and security, particularly in large-scale conflicts. It examines the existing legal framework, discusses its limitations, and provides de lege ferenda considerations to suggest potential improvements.