The Legal Framework Governing the Use of Force in International Disputes: An Analysis of Self-Defense, Necessity, and Proportionality
Global Development Dialogues
PDF

Keywords

use of force; international law; self-defense; necessity; proportionality; UN charter; collective security; humanitarian intervention

Abstract

With an emphasis on self-defense, necessity, and proportionality, this essay examines the international legal framework controlling the use of force. It looks at how the UN Charter's ban on using force (Article 2(4)) and the inalienable right to self-defense (Article 51) evolved from pre-1945 standards like the League of Nations Covenant. The Responsibility to Protect (R2P) and collective security under Chapter VII are examined in this paper. The application and difficulties of these laws are demonstrated by case studies such as the Gulf War, the Falklands War, and the Gaza Conflict of 2021. Although self-defense is a fundamental state right, the conclusion highlights that it is rigorously constrained by the necessity and proportionality rules, which are essential for preserving global peace and security.

https://doi.org/10.63808/gdd.v1i3.213
PDF

References

[1] Alvarez, J. E. (2008). The schizophrenias of R2P. In P. Alston & E. MacDonald (Eds.), Human rights, intervention, and the use of force (pp. 275-290). Oxford University Press.

[2] Bethlehem, D. (2012). Clarifying necessity, imminence, and proportionality in the law of self-defense. American Journal of International Law, 107(3), 563–570.

[3] Cassese, A. (1999). Ex iniuria ius oritur: Are we moving towards international legitimation of forcible humanitarian countermeasures in the world community? European Journal of International Law, 10(1), 23–30.

[4] Dinstein, Y. (2011). War, aggression and self-defence (5th ed.). Cambridge University Press.

[5] Franck, T. M. (2002). Recourse to force: State action against threats and armed attacks. Cambridge University Press.

[6] Gardam, J. (2004). Necessity, proportionality and the use of force by states. Cambridge University Press.

[7] Gray, C. (2001). International law and the use of force. Oxford University Press.

[8] International Commission on Intervention and State Sovereignty. (2001). The responsibility to protect. International Development Research Centre.

[9] Kritsiotis, D. (2004). The politics of international law. In C. Reus-Smit (Ed.), The politics of international law (pp. 112-135). Cambridge University Press.

[10] O’Meara, C. (2021). Necessity and proportionality and the right of self-defence in international law. Oxford University Press.

[11] Ruys, T., & Corten, O. (Eds.). (2018). The use of force in international law: A case-based approach. Oxford University Press.

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright (c) 2025 Jiaxi Wu