ABSTRACT

The law on the use of force is one of the most fiercely contested areas of international law. Owing to its highly political nature, the prohibition of the threat or use of force in international relations has become the focal point for disagreements between scholars, states and even international tribunals. Mainly as a result of these disagreements that body of law is not sufficiently well established; therefore, it can be called ‘uncertain’. The existence of a justification of self-defence is not in doubt, neither in UN Charter law nor in customary international law. However, its scope is contentious.