ABSTRACT

This chapter discusses the legal framework created by the United Nations Charter for the regulation of the use of force and provides an overview of some of the problems of this framework. It examines the normative nature of the Charter. The chapter explains the Charter provisions on the use of force. It outlines the several problems that are challenging the efficacy of these Charter provisions. While states have often proclaimed their support for these Charter provisions, since 1945 several problems have raised many questions about the contemporary status of these norms. These problems include: interpretation problems; the changed nature of international conflict; the perceived illegitimacy of institutions for peaceful change and peaceful settlement and the growing preference for justice over peace. It is with these problems that leaders and scholars alike must grapple in order to determine the validity of the Charter framework for the use of force.