ABSTRACT
A fundamental objective of the modern international legal order, which is founded upon the Charter of the United Nations, is the maintenance of international peace and security. The Charter contains at least 35 references to “peace” as a sought state of international relations and a value protected by international law, 1 and its derivations (e.g., “peaceful”, “pacific”, “peace-loving”) are mentioned in at least nine further Articles of the Charter. 2 To reinforce international peace and security, Article 2(4) of the Charter laid down a stringent restriction on the use of force in international relations, an obligation which was, from its inception, designed to be of a superior legal nature 3 and is now recognised to have acquired the character of customary international law and even that of jus cogens. Notably, Professor Peter Malanczuk suggests that this norm is now binding even for the few States which are not members of the United Nations. 4
