Recently, serious widespread human rights violations and humanitarian catastrophes have vexed the world and prompted new international responses. Communities from a developing world order are encouraged to ensure that the principles of peace and security are upheld, and to resolve conflicts and disputes by means of discussion and negotiation. The fundamental background of international law is to ensure that this principle is upheld.
Since the atrocities of 11 September 2001 the principles of collective peace and security have taken on new meaning. Threats to international peace and security are no longer from obvious threats of military activity. The task of international law is to ensure that the threats posed from terrorist groups do not compromise the enshrined principles of collective peace and security.
A result of unilateralism and recent reactions to terrorist activity has seen a tendency prevailing amongst many of the world’s most powerful states to take action with little or no regard or respect for the sovereignty of their neighbours. Recently we have seen a recrudescence of such behaviour.
The concerns are that precedents may have now been set which, if left unchallenged, may result in a destruction of the principles of international law; collective peace and international security.
The main presumptions against the use of force and protection of the sovereignty of states were enshrined in United Nations Charter. Here it was concluded by Ruth Wedgwood, ‘to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind’.
The central and underlying purpose of the UN Charter can be found within Article 1. The three main purposes of the organisation are ‘[to] maintain peace and international security, [to] develop friendly relations among nations based on respect for the principle of equal rights of peoples’ [and] to achieve international co-operation in solving international problems of economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights’.
Yet what we have experienced since 11 September 2001 is a new world order. A regime of acceptable use of force; a systematic breakdown of accepted international principles to protect the people of the world from dominant states with the intentions of spreading their ideal into other cultures and worlds.
Unfortunately I live within one such state. The British government is quite keen on the principle of use of force. However, can force be justified against a sovereign state due to terrorists residing therein?
The main presumptions against the use of force and protection of sovereignty are given within the United Nations Charter, Article 2 paragraphs 1 & 4. Here it is stated ‘the Organisation is based upon the sovereign equality of all its members’ and ‘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’
Not only is the use of force against another state prohibited by the Charter, it is also a peremptory norm in customary international law.
A.L. Goodhart argued that the restraint on individual states using force to resolve international disputes was wholly ‘contingent on the ability of the United Nations to take effective measures to maintain international peace and security’. It is not clear as to whether the United Nations has been able to fulfil its role to date.
Clearly the UN has not been able to fulfil its role regarding the Iraqi conflict and is showing its lack of authority in the current conflict with Israel and Lebanon. The maintenance of peace and security has been clearly undermined.
The general rule of prohibition of the use of force between states has been seen to be eroded away over time, to an extent that it has now been eroded away beyond recognition. The use of force by States against others since the creation of the UN charter has shown that Article 2(4) has little or no effect.
This is a sad time that we are living in which may result in us descending, over time, into anarchy!
gG