International Law and the Use of Force: A Plea for Realism

Abstract

Since the adoption of the U.N. Charter in 1945, there has been almost continuous debate regarding the provisions governing the international use of force. On the one hand, the U.N. Charter Chapter on "Principles" prohibits "the threat or use of force against the territorial integrity or political independence of any state." On the other hand, the Chapter on "Action with respect to threats to the peace, breaches of the peace, and acts of aggression" affirms "the inherent right of individual or collective self-defence if an armed attack occurs." Arguments have persisted because of the centrality of these provisions to the maintenance of even minimum international order.