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THE PRINCIPLE OF THE NON-USE OF FORCE is one of the fundamental principles of modern international law: the prohibition of the use of force or the threat of force in relations between states. It began to take root in international law after the First World War. The first multilateral treaty that banned war as an instrument of national policy was the Treaty of Paris of August 27, 1928 (Briand-Kellogg). An important stage in the development of P.S. was the adoption of the UN Charter, Art. 2 which, not limited to the prohibition of aggressive war, also prohibits. the threat of force and its use in international relations either against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. The Declaration on Principles of International Law adopted by the UN in 1970 included in the concept of P.n.s. provisions such as the obligation of states to refrain from the threat or use of force to violate the existing international borders of another state or as a means of resolving international disputes, incl. territorial disputes and questions concerning state borders. According to the Declaration, everyone has an obligation to refrain from the threat or use of force to violate international demarcation lines, such as armistice lines; from acts connected with the use of force, from any violent actions that deprive peoples of their right to self-determination, freedom and independence; from organizing or encouraging the organization of irregular forces or armed bands (including mercenaries) to invade the territory of another state. The territory of a State must not be the object of military occupation or acquisition by force in violation of the UN Charter. At the same time, the Declaration proceeds from the fact that under the term "force", within the meaning of paragraph 4 of Art. 2 of the UN Charter, are understood not only as armed force, but also. economic, political and other forms of coercion. Importance for consolidation in international law P.n.s. has the adoption in 1974 of the UN Definition of Aggression.
Economics and law: a dictionary-reference book. - M.: University and school. L. P. Kurakov, V. L. Kurakov, A. L. Kurakov. 2004 .
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THE PRINCIPLE OF THE NON-USE OF FORCE- one of the fundamental principles of modern international law: the prohibition of the use of force or the threat of force in relations between states. It began to take root in international law after the First World War. The first multilateral treaty, ... ... Legal Encyclopedia
principle of non-use of force Big Law Dictionary
THE PRINCIPLE OF THE PROHIBITION OF THE USE OF FORCE AND THE THREAT OF FORCE (PRINCIPLE OF THE NON-USE OF FORCE)- one of the fundamental principles of modern international law, which occupies a central place in the system of principles of the UN Charter. It develops the content of the principle of non-aggression and is formulated in paragraph 4 of Art. 2 of the UN Charter, in accordance with ... ... Legal Encyclopedia
NON-USE OF FORCE PRINCIPLE- THE PRINCIPLE OF THE NON-USE OF FORCE... Legal Encyclopedia
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One of the basic principles of international law, meaning the prohibition of the use of force or the threat of force in relations between states. N. s. n. was first enshrined in the Paris Treaty of August 27, 1928 (Brian Kellogg's pact). The UN Charter is not... ... Law Dictionary
non-use of force principle- one of the basic principles of international law, meaning the prohibition of the use of force or the threat of force in relations between states. N. s. n. was first enshrined in the Paris Treaty of August 27, 1928 (Brian Kellogg's pact). The UN Charter is not... ... Big Law Dictionary
- (PRINCIPLE OF NON-USE OF FORCE) is one of the fundamental principles of modern international law, which occupies a central place in the system of principles of the UN Charter. It develops the content of the principle of non-aggression and is formulated in paragraph 4 of Art. 2 of the Charter ... ... Encyclopedic Dictionary of Economics and Law
One of the basic principles of international law, formed in the period between the two world wars. The main purpose of this principle is to abolish the right to war as an integral attribute of state sovereignty, up to the 20th century ... Law Dictionary
The democratization of international relations inevitably leads to the limitation of the use of force or the threat of force. For the first time this objective pattern was enshrined as a principle of international law in the Charter of the United Nations, signed in San Francisco on June 26, 1945, which was drawn up during the period of the liberation struggle against fascism and reflected the democratic aspirations and hopes of the peoples for a just post-war organization of international relations.
According to Article 2 of the Charter (paragraph 4) “all Members of the United Nations 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 ".
Subsequently, the stated formula of the Charter was specified in the documents adopted in the form of UN resolutions. Among them: the 1970 Declaration on the Principles of International Law, the 1974 Definition of Aggression, the 1975 CSCE Final Act and a number of other documents of the Helsinki process, as well as the 1987 Declaration on Strengthening the Effectiveness of the Principle of Renunciation of the Threat or Use of Force in International Relations.
The normative content of the principle of non-use of force includes:
Prohibition of the occupation of the territory of another state in violation of international law;
Prohibition of acts of reprisal involving the use of force;
Granting by a state of its territory to another state, which uses it to carry out aggression against a third state;
Organizing, inciting, assisting or participating in acts of civil war or terrorist acts in another state;
Organization or encouragement of the organization of armed bands, irregular forces, including mercenaries, to invade the territory of another state.
Violation of the principle of non-use of force should also be considered violent actions against international demarcation lines and armistice lines, blockade of ports or coasts of the state, any violent actions that prevent peoples from exercising legal right self-determination, as well as a number of other violent actions.
The UN Charter provides (Chapter VII "Actions in relation to threats to the peace, violations of the peace and acts of aggression") only two cases of the lawful use of armed force: in self-defense (Article 51) and by decision of the Council
Security of the United Nations in the event of a threat to the peace, a breach of the peace, or an act of aggression (Article 42).
The use of armed force in self-defence is lawful only if there is an armed attack on the state. Article 51 of the UN Charter expressly excludes the use of armed force by one state against another in the event of the latter taking economic or political measures. In such situations, or even if there is a threat of attack, a country can resort to appropriate measures only if the principle of proportionality is respected.
The principle of the non-use of force and the threat of force is one of the principles that took shape in the 20th century. Prior to this, international law considered recourse to war as a way of settling international disagreements and disputes a natural function of the state, its inalienable right. This was noted in his treatise “On the Law of War and Peace” by Hugo Grotius, emphasizing that “the law ... of peoples, established by will, as well as the laws and customs of all peoples, as history sufficiently testifies to this, by no means condemn wars” . The English lawyer L. Oppenheim admitted that "from the point of view of law, war seemed to be a natural function of the state and the prerogative of its unlimited sovereignty."
The Conventions adopted at the Hague Peace Conferences of 1899 and 1907 on the Peaceful Settlement of International Disputes and on the Limitation of the Use of Force in the Recovery of Contractual Debt Obligations did not abolish the right of the state to war (jus ad bellum), but only called on the states "to the extent possible" to prevent the use of force , "as far as circumstances permit." The formation of the principle of non-use of force began with the prohibition of aggressive wars. For the first time, war was declared the greatest crime against humanity in the domestic law - the Decree on Peace, adopted at the II All-Russian Congress of Soviets of Russia on November 8, 1917.
The Statute of the League of Nations established certain restrictions on the right of states to resort to war. The League adopted a number of documents prohibiting and condemning wars of aggression, including the 1927 Declaration on Wars of Aggression. The first multilateral treaty to prohibit the recourse to war was the Treaty on the Renunciation of War as an Instrument of National Policy of August 27, 1928 (which entered into force on July 24, 1929 (known as the Briand-Kellogg Pact, or Paris Pact). Article 1 of the Treaty stipulated that the parties to the Treaty "condemn the resort to war to settle international disputes and renounce it in their mutual relations as an instrument of national policy."
The UN Charter gave a broader interpretation to the prohibition of war, enshrining it in the form of the non-use or threat of force. Article 2, paragraph 4, of the Charter obliges states to 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 way inconsistent with the purposes of the UN.
The normative content of the principle of the non-use of force and the threat of force was specified in the UN Declaration on the Principles of International Law of 1970, in the Definition of Aggression of 1974, in the Final Act of the CSCE in 1975, in the Declaration on Strengthening the Effectiveness of the Principle of Renunciation of the Threat or Use of Force in International Relations of 1987 of the year. An analysis of all these documents makes it possible to determine the normative content of the principle to the fullest extent.
First of all, the principle under consideration is universal in nature and binding, regardless of the political, economic, social or cultural system or allied relations of each state (Declaration of 1987). This means that the principle applies to all states. At the same time, any actions that constitute a threat of force or the direct or indirect use of force by one state against another are prohibited (Declaration of 1975). By "any action" should be understood both the use of armed force and unarmed violence.
By prohibiting all manifestations of force or its threat, the 1970 Declaration draws particular attention to the obligation to refrain from the threat or use of force for the purpose of: 1) violating the existing international borders of another state or as a means of resolving international disputes, including territorial disputes or issues, relating to state borders; 2) violations of international demarcation lines, including armistice lines; 3) acts of reprisals related to the use of force; 4) violent actions that deprive peoples of their right to self-determination, freedom and independence; 5) organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another state; 6) organizing, inciting, assisting or participating in acts of civil war or terrorist acts in another state or condoning such acts within its own territory; 7) military occupation of the territory of the state or its acquisition as a result of the threat or use of force. ,
The 1987 Declaration also emphasizes the obligation of states not to use or encourage the use of economic, political or any other measures to achieve the subordination of another state to itself in the exercise of its sovereign rights and receive any advantages from this. : The principle of non-use of force and threat of force prohibits, first of all, the use of armed aggression. For the disclosure of its content, the definition of aggression, adopted by the UN General Assembly in 1974, is of fundamental importance.
Article 3 gives the definition of aggression through a list of specific acts of aggression, establishing that any of the following, regardless of the declaration of war, if applied first, will qualify as an act of aggression:
1) an invasion or attack by the armed forces of a state on the territory of another state or any military occupation, however temporary, resulting from such an invasion or attack, or any annexation by force against the territory of another state or part of it;
2) bombardment by the armed forces of a state of the territory of another state or the use of any weapon by a state against the territory of another state;
3) blockade of ports or coasts of the state by the armed forces of another state;
4) an attack by the armed forces of a state on the land, sea or air forces or sea or air fleets of another state;
5) the use of the armed forces of one state located in the territory of another state by agreement with the host state, in violation of the conditions provided for in the agreement, or any continuation of their presence in such territory after the termination of the agreement;
6) the act of a state allowing its territory, which it has placed at the disposal of another state, to be used by that other state to commit an act of aggression against a third state;
7) sending by a state or on behalf of a state of armed bands, groups, irregular forces or mercenaries who carry out acts of the use of armed force against another state that are of such a serious nature that it is tantamount to the acts listed above, or its significant participation in them.
Of the seven listed cases, the first five relate to acts of direct aggression, the last, the seventh, to indirect. Particularly highlighted in paragraph 6 is the case of complicity in aggression.
The list of acts of aggression listed in the Definition of Aggression is not exhaustive. "The Security Council," says Art. 4, may determine that other acts constitute aggression under the provisions of the Charter.”
The Definition of Aggression explicitly emphasizes the discretionary powers of the Security Council in determining the existence of acts of aggression. It is with such powers in mind that Art. 2 Definitions of Aggression establishes the criteria for the illegality of the use of armed force. The most important of these is the principle of primacy, which states that "the first use of armed force by a state in violation of the Charter is prima facie evidence of an act of aggression."
The Security Council, in exercising its powers in establishing an act of aggression, must be guided not only by the principle of primacy, but also by other important criteria. Art. 2 Definitions of aggression: “The Security Council may, in accordance with the Charter, conclude that a determination that an act of aggression has been committed will not be justified in the light of other relevant circumstances, including the fact that the acts in question or their consequences are not of a sufficiently serious nature ".
The criterion of the seriousness of the nature of acts of unlawful use of armed force allows the Security Council to distinguish between an act of aggression and such use of armed force which, by virtue of its limited or inadvertent nature, may be regarded as a threat to the peace or a breach of the peace.
From Art. 2 also implies the need to take into account the criterion of aggressive intent. When considering a specific situation, the Security Council proceeds not only from the principle of primacy, but also from the aggressive intentions of the parties. An important help in this direction is Art. 5 of the Definition of Aggression, which states that no considerations of any nature, whether political, economic, military or otherwise, can justify aggression.
The definition of aggression qualifies aggression as a crime against international peace, entailing international responsibility. It provides that no territorial acquisition or special benefit derived from aggression is or can be recognized as legal.
Adopted in Rome in July 1998, the Statute of the International Criminal Court included in the list of crimes falling under the jurisdiction of the Court and entailing individual criminal responsibility individuals, the crime of aggression. Although the Court has yet to develop a definition and elements of such a crime, the fact that it is included in the list of the most serious crimes of concern to all international community, testifies to the determination of states to strengthen the regime of the non-use of force and the threat of force.
(The principle of the non-use of force and the threat of force does not preclude the legitimate use of force in self-defence and in the case of the use of measures by the joint armed forces on behalf of the United Nations in order to maintain international peace and security.
The UN Charter, referring to Art. 51 on the inalienable right of states to individual or collective self-defence, emphasizes that this right arises only in the event of an armed attack by one state against another. The right to self-defence should not be interpreted broadly. This means that the state does not have the right to use armed forces as a preventive strike, referring to the threat of an armed attack. Article 51 also requires States that measures taken by them in the exercise of the right of self-defence be immediately reported to the Security Council and that these measures shall in no way affect the powers and responsibilities of the Security Council with respect to such action as it deems necessary to maintain or restore international peace and security.
The UN right to use armed force to maintain international peace and security is also placed within certain limits. The use of such force can only take place in cases of a threat to the peace, a violation of the peace, and an act of aggression by decision of the Security Council and under its leadership.
Armed force can be used by the peoples of colonial and dependent countries in the struggle for their independence in the exercise of their right to self-determination.
With regard to the use of unarmed force, States are entitled to resort to measures other than the use of armed force as a retort or reprisal in response to unfriendly behavior or an offense that does not have the character of an international crime. Their application must be proportionate. If we are talking about the use of such measures as sanctions against a state whose behavior is qualified as creating a threat to the peace, a breach of the peace or an act of aggression, then they can be applied only by decision of the Security Council and under its control. In Art. 41 of the Charter gives a list of such measures: a complete or partial break economic relations, rail, sea, air, postal, telegraph, radio and other means of communication, as well as the severance of diplomatic relations.
The specificity of the principle of non-use of force and the threat of force is that it is associated with such concepts as force, armed force, unarmed force, threat to the peace, violation of the peace, aggression, act of aggression, armed attack, individual and collective self-defense. The right to qualify certain situations in accordance with these concepts and to establish the application of measures related to the use of force belongs exclusively to the Security Council. This is one of the fundamental points in the peacekeeping system based on the provisions of the Charter, which, unfortunately, is not always respected in the practice of international relations. The use or threat of force in violation of the provisions of the UN Charter is illegal and, as the 1987 Declaration states, "no considerations can be used as justification" for this.
An integral part of the principle of the non-use of force and the threat of force is the prohibition of propaganda for war. The 1970 Declaration states this: "In accordance with the purposes and principles of the United Nations, states have an obligation to refrain from propaganda of aggressive wars." The same provision is included in the 1987 Declaration.
The principle of the non-use of force and the threat of force is closely connected with the system of maintaining international peace and security, being its central link.
The principle of non-use of force or threat of force is enshrined in and. 4 tbsp. 2 of the UN Charter. In accordance with this principle, all states in international relations are obliged to refrain from the threat or use of force against the territorial integrity and political independence of other states, or in any other way inconsistent with the purposes of the UN. No considerations may be used to justify recourse to the threat or use of force in violation of this principle.
No use of force or threat of force will be used as a means of settling disputes or matters that may cause disputes between them. Nevertheless, in the event of any aggression or violation of the sovereignty, territorial integrity and political independence of the state, the country subjected to aggression retains its right to individual and collective self-defense in accordance with the UN Charter and the IL.
States, on the basis of the universally recognized principles and norms of the IL, must conscientiously fulfill their international obligations regarding the maintenance of peace and security. The threat of force should not be used as a means of settling disputes between states. Aggressive wars are declared crimes against peace and humanity and entail liability under the International Law. War propaganda is also prohibited.
The territory of a state cannot be acquired by another state as a result of the threat or use of force. No territorial acquisition resulting from the threat of force shall be recognized as legal.
States are also obliged to refrain from acts of reprisal involving the use of armed forces, from organizing and encouraging irregular forces or armed bands to invade the territory of another state.
Article 51 of the UN Charter enshrines the right to self-defense of the state subjected to aggression. The definition of aggression given by the UN General Assembly in 1974 specifies the list of actions that are considered "aggression".
On November 18, 1987, Resolution 42/22 of the UN General Assembly adopted the Declaration on Strengthening the Effectiveness of the Principle of Refusal of the Threat or Use of Force in International Relations, which supplements the obligations of states in this area. In particular, all states must comply with their obligations under the MP to refrain from organizing, inciting, aiding or participating in paramilitary, terrorist or subversive activities, including those of mercenaries, in other states and from facilitating organized activities aimed at the commission of such activities. within its territory.
States have an obligation to refrain from armed intervention and other forms of interference or attempted threats directed against the legal personality of another State or against its political, economic and cultural foundations.
No country should use or encourage the use of economic, political or any other measures to achieve the subordination of another state in the exercise of its sovereign rights and receive any advantages from this.
States are also obliged to refrain from propaganda of aggressive wars.
It is especially emphasized that no treaty will be valid if its conclusion was the result of the threat or use of force in violation of the principles of international law enshrined in the UN Charter.
States must take effective measures to prevent the threat of any armed conflicts, including conflicts in which nuclear weapons can be used, prevent an arms race in outer space and stop an arms race on Earth, reduce the level of military confrontation and strengthen global stability.
At the same time, the actions carried out by the decision of the UN Security Council on the basis of Ch. VII of the UN Charter on the Suppression of Aggression and the Restoration of Peace.