Chapter 9 – Use of Force

Military Necessity

Using force only when required to achieve a legitimate military objective.

Caroline Test

Defines conditions for self-defense as 'necessity' being immediate, overwhelming, and leaving no alternative.

Proportionality

Ensuring the force used is appropriate to the threat and not excessive.

Hague Law

Early international agreements regulating war conduct.

1928 Pact of Paris (Kellogg-Briand Pact)

Renounced war as a tool of national policy.

1945 UN Charter

Core framework governing use of force in international relations.

Article 2(4)

Prohibits the use of force except in specific exceptions.

Article 51

Recognizes the right to self-defense in response to an armed attack.

Permissive readings of self-defense

Allows broader interpretations of self-defense and intervention.

Restrictive readings of self-defense

Limits force strictly to self-defense or Security Council authorization.

Security Council Authorization

Explicit approval of force or actions tacitly supported by the Council.

Self-Defense

The right to defend oneself from an armed attack.

Preemptive Self-Defense

Controversial and debated in legality.

Protecting Nationals

Using force to protect one's own citizens abroad.

Humanitarian Intervention

Military intervention for humanitarian purposes, often linked to the Responsibility to Protect.

Consent for use of force

Using force is lawful with the host state's permission.