Arguments against Use of Force and Occupation
1. Article 2(4) of the UN Charter prohibits the threat or use of force in international relations. It calls on all members to respect the sovereignty, territorial integrity, and political independence of other states.
Article 2(4) states that:
• All members shall refrain from the threat or use of force against the territorial integrity or political independence of any state.
• All members shall refrain from the use of force in any other manner inconsistent with the purposes of the United Nations.
Article 2(4) makes an exception for armed force permitted within that structure. The structure generally requires the Security Council to authorize armed force. However, there is an exception for self-defense if an armed attack occurs before the Security Council takes necessary measures.
Article 2(4) specifies that only "the threat or use of force" against the "maintenance of international peace and security" justifies the use of force.
- Article 52 of the United Nations Charter states that the Security Council should encourage the peaceful resolution of local disputes through regional arrangements or agencies. These arrangements or agencies can deal with matters related to maintaining international peace and security. However, they must be consistent with the purposes and principles of the United Nations.
Article 52 also states that:
- The Security Council can encourage these arrangements or agencies either on the initiative of the states concerned or by reference from the Security Council.
- A treaty is void if it was concluded by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.
- Nothing in the Charter precludes the existence of regional arrangements or agencies.
- The purpose of Article 52 is to set the scope of the rights and principles of the Charter, and to lay down rules for their interpretation.
- The first principle of the Friendly Relations Declaration is that all states enjoy sovereign equality. This means that all states have equal rights and duties, and are equal members of the international community, regardless of differences of an economic, social, political, or other nature.
The Friendly Relations Declaration also includes the principle of equal rights and self-determination of peoples. This principle states that all peoples have the right to freely determine their political status and pursue their economic, social, and cultural development, without external interference.