ABSTRACT

The draftsmen of the United Nations Charter intended to put in place an international organisation charged with maintaining international peace and security. To achieve this aim it was necessary to place restrictions on the use of force. Thus, Arts 2.3 and 2.4 set out the general position:

A number of points can usefully be made. First, Art 2.3 stresses the importance of the peaceful resolution of disputes. Secondly, Art 2.4 is widely drawn to refer not to ‘war’ but to ‘the threat or use of force’. Thirdly, both articles must be read with Art 1.1 which sets the prime objective of the organisation being to ‘maintain international peace and security’. Fourthly, it is relevant to add that Art 2.6 of the Charter specifies that nonmembers of the Organisation shall respect these principles so that international peace and security may be preserved.