The Use of Force and Pre-Emption: A Legitimate Practice Under the UN Charter?
AbstractThe author discusses the prohibition on the use of force in the Charter of the United Nations and the legitimacy of the doctrine of pre-emption in light of such a prohibition. Particular reference is made to a state’s right to self-defence both under the Charter and customary international law and the interpretation of Article 51 giving rise to valid pre-emptory actions. The author argues that the customary law elements of pre-emptive force should be read into Article 51, requiring states to show evidence of necessity, proportionality and the existence of an imminent threat. |