مبدأ حظر استخدام القوة في العلاقات الدولية بين الضرورة العسكرية و العدوان

Abstract EN

The prohibition of the use of force in international relations was not an easy matter, as the use of force to settle international disputes was legitimate until the adoption of the Charter of the United Nations organization that prohibited its use or the threat of its use except in specific cases in the provisions of the Charter, where the use of force is only valid in two cases of legitimate defense, or if collective actions are taken by the Security Council.

However, circumstances sometimes require the use of force quickly to respond to sudden aggression in a manner that does not allow to ascertain whether the situation is justified by the status of legitimate defense or not, In addition to the development of wars and the emergence of new patterns for them, such as the war on terror and pre-emptive wars that cannot in any way It is governed by rules and principles prohibiting the use of force because of its lack of control, but it must be said that if it is permissible to violate the principle of the prohibition of the use of force, this exit is controlled by rules defined by law so that it does not turn into aggression.

The features and limits of the principle of the prohibition of the use of force in international relations are not clear as they were at the time of the signing of the Charter of the United Nations Organization, due to the changing temporal, spatial and personal limitations and the domain of application of the law, as we are witnessing the rise of non-state entities that use force in a way that cannot be condemned because The traditional rules do not apply to them, which necessitates the urgent need to review the laws of war and the Charter of the United Nations.