Peace, security and the validity of international law in the 21st century

Abstract

The post-World War Two international legal order was set up to prevent future war and conflict. Article 2(4) of the United Nations Charter (UNC) thus prohibits the use of force while article 51 of the same document preserves a narrow right of self-defence. Under Chapter VII, the UN Security Council is entrusted with “primary responsibility for the maintenance of international peace and security.” Today, these rules remain valid and indeed, ever more essential as current international conflicts demonstrate paradoxically both the durability and also the fragility of the international norms established to preserve international peace and security. This article is based on two premises: first, international law continues to determine State conduct in vital areas such as those of protection, accountability and humanitarian relief. It offers a narrow justification for aggression and provides the baseline methods of conduct for when aggression does occur. Secondly, the effectiveness of the international legal regime is stunted by State politics and veto practices which undermine the protective function of the regime; however, this drawback should not negate the validity or significance of international norms.