Force State Prohibition International Territory Law Armed Principle

 - very important part of public international law

   - considered customary international law (ICJ acknowledged it too)

   - Art. 2 (4) UN Charter

   - often considered to belong to ius cogens

 - prohibition is generally accepted, but scope and content of exceptions of the prohibition are discussed

 - Notion of force: Force Solely refers to armed militarily force

 - (non-militarily force may be contrary to the principle of non-intervention)

 - is interpreted broadly to capture all forms of armed force

 - not only direct (own military) but also indirect (paying mercenaries, supporting rebels etc.) use of force is forbidden

 - essential feature: only the use of force itself is forbidden, acts that may cause the use of force (e.g. military entering another territory)

   themselves are not forbidden by this principle

 - aggression def.: the most serious and most dangerous illegal use of force

 - only applies to states (+ de facto-regimes)

 - states can allow other states the use of force in their territory

 - must be directed against the territory of a state (e.g. blockades don’t count), but attacks against ships and aircrafts count

   (then state who owns the territory and the state who owns the vehicle are affected)

 - every unjustified use of force renders the committing state liable for countermeasures and reparations in accordance with
   customary international law

 - as the prohibition is considered an obligation owed to the international community, not only the victim but also other states can
   invoke the violation

 - non-recognition

 - termination of some contracts VCLT

 Universal exceptions (3):

  - right to self-defence (Art. 51 UN Charter, customary international law)

  -measures under the law of the sea: right to take adequate measures against ships on and planes above the high sea

  - enforcement actions in accordance to the UN-charter

 Controversial exceptions:

  - idea that states should be allowed to protect and rescue their nationals with armed force in the territory of another state
     -> argument against: too easy to be abused

  - humanitarian intervention: use of armed force in another territory to safeguard human rights in that state
    -> argument against: prohibition should diminish the importance of militarily force as a countries tool of foreign policy,
        this would eradicate this effect