ANALYSIS OF THE PRINCIPLES PERTAINING TO THE USE OF FORCE IN INTERNATIONAL LAW

Student: Emmanuel Tambaya Salisu
Supervisor: Mr Zino Ugboma
HOD: Dr Nuraen Dindi
Department of Law
Law
Baze University, Abuja, Fct

Abstract

This research examined legal principles governing the use of force in international law, focusing on their evolution, application, and implications for contemporary international relations. With the UN Charter as the foundational legal framework, which generally prohibits the use of force except in self-defence or with Security Council authorization, the study investigates how states and international bodies interpret these principles in practice, especially amid evolving global security challenges. The research was aimed at clarifying ambiguities in the legal language of "selfdefence" and "armed attack," explore state practices, and analyse relevant case law and UN resolutions to assess whether current legal standards effectively address modern conflict scenarios, such as cyber warfare and non-state actor aggression. Employing a doctrinal research methodology, this study critically analyses treaties, customary international law, and judicial decisions from the International Court of Justice, and scholarly commentary to offer an in-depth legal analysis. It also utilizes case studies to illustrate how different states have justified the use of force and how international bodies have responded to these instances. The main finding indicates that there is a growing divergence between traditional interpretations of the law and the actions of states, which are increasingly adopting broader interpretations of self-defence, including preemptive and preventive measures. This trend suggests that the legal framework governing the use of force may be insufficient to address the complexities of contemporary security threats, posing a risk of undermining the foundational principles of the UN Charter. The study concluded that, while international law provides a relatively clear framework, its application is inconsistent and often influenced by political considerations. The research recommends revisiting and potentially reforming international legal standards on the use of force, proposing that the international community adopt clearer definitions and guidelines concerning self-defence and pre-emptive force, particularly in relation to emerging threats like cyber-attacks and terrorism. This would promote greater consistency, reduce ambiguity, and help balance state security needs with the preservation of international peace and stability.

Full-Text Access Notice

In accordance with the NERD Policy on promoting peer-reviewed publication, public access to the full text of a project, thesis or dissertation is restricted for three years, allowing the author and supervisors sufficient time to pursue peer-reviewed publication. During this period, researchers with legitimate academic or research purposes may request authorisation directly from the author to enable NERD to release the indexed full texts of the work using the form below.

Request authorisation from the author