국제법상 무력행사금지의 원칙과 자위권

Abstract

The use of force is one of the most controversial areas of international law. States are divided as to the interpretation of the fundamental rules on the use of force in the UN Charter. The prohibiton of the use of force in Art. 2(4) is directed at inter-State conflicts. There is no agreement as to whether this allows the use of force for humanitarian intervention. The application of Art. 2(4) to civil wars is also problematic. The UN Charter also establishes a collective security system whereby the Security Council may respond to threats to the peace and acts of aggression. Charter VII sets out the framework for its enforcement action by the Security Council. And under Art. 2(7) these powers are not limited by the normal duty on the UN not to intervene in matters essentially within the domestic jurisdiction of States. Thus Chaper VII gives very wide powers to the Security Council. And the other main exception to the prohibition on the use of force is the right to self-defense under Art. 51. It is controversial whether this is a narrow right, available only in response to an armed attack, or whether it allows force in protection of nationals abroad or in response to terrorist attacks. Still there are many unresolved problems remained in this area and it should be wait for a long time to get through these complicated and important international law's examination.