Legitimate Uses of Force under the Charter of the United Nations, 1945

According to dictionary meaning, force means coercion or compulsion, especially with

the use or threat of violence. In addition, the term “force” in Article 2(4) of the Charter of the
UN is armed force and no other forms of economic or political pressure, unless they constitute,
in the circumstances of a particular case, a threat of force. Thus, on the other hand, if economic
or political pressure constitutes a threat of force, such kinds of pressure may include in the term
of “force”.
Article 2(4) of the Charter bars not only the use but also the threat of force. For instance,
the threat of force is the previous announcement of an act of violence, such as the ultimatum
announcing recourse to military measures if certain demands are not accepted. For example, the
ultimatum issued by France and the United Kingdom to Egypt and Israel in 1956 demanding a
ceasefire within 12 hours would be a threat of force.
Article 2(4) of the Charter is the principle of prohibition of the use of force.it states that
“all members shall refrain in their international relations from the threat or use of force against
the territorial integrity or political independence of any state, or in any other manner inconsistent
with the Purposes of the United Nations”.
According to Article 2(4) of the Charter, although this is the prohibition on the use of
force, states are still permitted to use force in quite a number of situations. States shall not use
force against the territorial integrity or political independence of a State. However, the use of
force by one State against another State is not unlawful if the State using force does not occupy
the other State’s territory, but is only exercising force in a transitory operation for a limited
purpose, for instance, the temporary protection of its nationals or their properties in the territory
of the victim State.
Moreover, Article 2(4) prohibits the use of force by member States but a state may use
force if such use is not against the territorial integrity or political independence of another State
and for other purposes such as protection of its nationals or properties in another State. Then, use
of force may be lawful if it is necessary to take action with respect to threats to the Peace,
breaches of the peace and acts of aggression determined by the Security Council to maintain
international peace and security.
Therefore, there are only two legitimate uses of force expressly provided for in the
Charter of the United Nations, 1945, namely:
(1) the right of self-defence (Article 51 of the UN Charter), and
(2) the enforcement action under Chapter VII of the Charter (i.e. collective use of force in
accordance with a resolution of the Security Council).
(1) The Right of Self-defence
Article 51 of the Charter of the Charter of the United Nations 1945 is the most
authoritative statement of the law on the right of self-defence of States. It provides that:
“Nothing in the present Charter shall impair the inherent right of individual or collective
self-defence if an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security. Measures
taken by Members in the exercise of this right of self-defence shall be immediately reported to
the Security Council and shall not in any way affect the authority and responsibility of the
Security Council under the present Charter to take at any time such action as it deems necessary
in order to maintain or restore international peace and security”.
According to Article 51 of the Charter, individual or collective right of self-defence can
be used if an armed attack occurs against a Member of the United Nations. However, it can only
be exercised until the Security Council has taken measures necessary to maintain international
peace and security. In addition, if a member State uses the right of self-defence, it shall
immediately report to the Security Council and if Security Council deems necessary to take such
action under the UN Charter in order to maintain or restore international peace and security.
Thus, it is clear that the Security Council plays a vital role to exercise the right of self-defence of
States.
In addition, to be a lawful self-defence, there are three essential elements. They are:
1) armed attack;
2) necessity; and
3) proportionality.
Also, In the Legality of the Threat of Use of Nuclear Weapons, Advisory Opinion (1996)
ICJ Rep 226, the ICJ emphatically stated that “the submission of the exercise of the right of self-
defence to the conditions of necessity and proportionality is a rule of customary international
law.
Moreover, lawful self-defence must satisfy the three requirements of “armed attack,
necessity and proportionality” have been reaffirmed again and again by the International Court
of Justice in all leading cases where self-defence was an issue. For example, in the Nicaragua
case (Merits), n 10 above, para 194 and 195, the court held that: “In the case of individual self-
defence, the exercise of this right is subject to the State concerned having been the victim of an
armed attack” and that “whether the response to the attack is lawful depends on observance of
the criteria of the necessity and the proportionality of the measures taken in self-defence”.
(2) Enforcement Action under Chapter VII of the Charter of the United Nations 1945
Enforcement action, more properly “collective security”, is the use of force on behalf of
the international community as a whole against a delinquent State. Under the United Nations
collective security system, the Security Council has been entrusted with the primary
responsibility for the maintenance of international peace and security. Under Article 39 of the
Charter of the United Nations 1945, “the Security Council shall determine the existence of any
threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or
decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or
restore international peace and security”. According to this Article, the Security Council has the
power to determine whether there is a threat to the peace, a breach of the peace or an act of
aggression and to decide what measures shall be taken to maintain or restore international peace
and security.
Moreover, Article 41 of the UN Charter provides that: “the Security Council may decide
what measures not involving the use of armed force are to be employed to give effect to its
decisions, and it may call upon the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations and of rail, sea, air,
postal, telegraphic, radio, and other means of communication, and the severance of diplomatic
relations”.
In addition, Article 42 of the UN Charter provides that: “should the Security Council
consider that measures provided for in Article 41 would be inadequate or have proved to be
inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or
restore international peace and security. Such action may include demonstrations, blockade, and
other operations by air, sea, or land forces of Members of the United Nations.
Thus, the Security Council may take measures involving the use of armed forces.
Therefore, it is quite clear that the Security Council is the enforcement arm of the United
Nations, which has the power to take military action or to use force against a delinquent State or
States. Collective use of force, authorized by the Security Council as an enforcement action
under Chapter VII of the Charter, is the legitimate use of force, which is an exception, expressly
allowed in the Charter itself.