Filozofska istraživanja, Vol. 36 No. 4, 2016.
Original scientific paper
https://doi.org/10.21464/fi36403
The Right to the Use of Force in Contemporary International Law
Davorin Lapaš
orcid.org/0000-0002-5861-6620
; Sveučilište u Zagrebu, Pravni fakultet, Trg maršala Tita 14, HR–10000 Zagreb
Abstract
In contemporary international law there is almost a universal consensus on the peremptory (ius cogens) character of the norm prohibiting the unilateral use of force, except in self-defence. This prohibition is contained both in the UN Charter, regional documents as well as in international customary law. However, the reality is often different. As a rule, States do not call into question the above-mentioned prohibition on the level of primary norms, but often attempt to introduce exceptions to this prohibition in the form of various secondary norms. This paper deals with some of these attempts directed to the extensive interpretation of self-defence, i.e. Art. 51 of the UN Charter.
Keywords
international law; aggression; unilateral use of force; self-defence; terrorism; war
Hrčak ID:
180132
URI
Publication date:
13.12.2016.
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