مبدأ استخدام القوة بين عمومية القاعدة و الاستثناء عليها

Abstract EN

The principle of the use of force is one of the general principles of public international law and it received great attention by the drafters of the United Nations Charter in 1945 after two world wars that twice brought the world unspeakable grief.

Whereas the charter stipulated a general rule that prohibits the use of force or even the threat to use it against the territorial integrity or political independence of any country or in any other form that is inconsistent with the purposes of the United NationsHowever, this rule is met with a single exception related to the intervention of the Security Council in cases where international peace and security are threatened.

This legal rule regarding the use of force is supposed to be applied regularly and steadily, similar to the legal rules related to the use of other international force, but unfortunately it is penetrated from time to time, especially if we know that the Security Council is the only body that bears the responsibility for maintaining international peace and security, and possesses at the same time A broad and unlimited discretionary authority, as well as other reasons that stand in the way of applying this rule in a fair and orderly manner, including the loose wording of the provisions of Chapter Seven of the Charter and the difficulty in achieving the consensus of the permanent members of the Security Council.