The law of armed conflict is known as jus in bello. If force is used, what laws are involved? There are some who claim a third circumstance for force can be lawfully used, namely a humanitarian intervention, but this has no legal basis unless the humanitarian intervention is authorised by the UN Security Council as determined by Chapter VII of the UN Charter. This is made clear in Article 51, Chapter VII of the UN Charter: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations” Agreements and arrangements should govern the numbers and types of forces, level of readiness and nature of assistance and facilities available.Īrticle 47: There shall be an established Military Staff Committee to advise and assist the UN Security Council on all questions relating the employment and command of forces. The United Nations Security Council authorise the use of force as determined in Chapter VII:Īrticle 39: The UN Security Council shall determine the existence of a threat to the peace.Īrticle 41: The UN Security Council may decide what measures not involving the use of force are to be employed.Īrticle 42: If Article 41 is inadequate, Article 42 states that the UN Security Council may take action involving the use of force by air, sea or land to maintain or restore international peace and security.Īrticle 43: All members of the United Nations agree to make available to the Security Council armed forces, assistance and facilities necessary for maintaining international peace and security. There are two circumstances, as outlined in the UN Charter: The body of law concerned with the justification to engage in war is known as jus ad bellum.
United Nations Charter Chapter 1 Article 2 sub 4: “All members shall refrain in the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
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