Use of Force By States - The Meaning of "Force"

The Meaning of "Force"

Article 2(4) does not use the term "war" but rather refers to "the threat or use of force." Although clearly encompassed by the article, it is ambiguous whether the article only refers to military force or economic, political, ideological or psychological force. The Preamble to the Charter declares that the "armed force shall not be used, save in the common interest..." Article 51 preserves the "right of individual or collective self defence if an armed attack occurs...". In 1970 the General Assembly adopted the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations. This resolution was adopted without vote by consensus but is considered an authoritative statement on the interpretation of certain provisions of the Charter. The Declaration reiterates article 2(4) and elaborates upon the occasions when the threat or use of force is prohibited but it does not address the question of whether force includes non-military force within the scope of the Charter. The Declaration also states that: "Nothing in the foregoing paragraphs shall be the construed as enlarging or diminishing in any way the scope of the provisions of the Charter concerning cases in which the use of force is lawful." Certain types of armed and non-armed intervention are prohibited by the Declaration: "No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. Consequently, armed intervention and all against its political, economic and cultural elements, are in violation of international law." The Declaration addresses the use of non-military force in the context of other international obligations such as the obligation not to intervene in the affairs of another state.

A number of developing nations have maintained that "force" includes non-military force but the developed states have resisted this view while conceding that non-military force of various kinds may be outlawed by other principles of international law.

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