The Use of Force as a Plea of Necessity

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where the action remains wrongful, but the wrongdoer may be released from responsibility for the wrongdoing.
Original languageEnglish
Pages (from-to)302-306
JournalAJIL Unbound
Volume111
DOIs
Publication statusPublished - 2 Oct 2017

Cite this

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title = "The Use of Force as a Plea of Necessity",
abstract = "Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where the action remains wrongful, but the wrongdoer may be released from responsibility for the wrongdoing.",
author = "Jure Vidmar",
year = "2017",
month = "10",
day = "2",
doi = "10.1017/aju.2017.75",
language = "English",
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issn = "2398-7723",

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The Use of Force as a Plea of Necessity. / Vidmar, Jure.

In: AJIL Unbound, Vol. 111, 02.10.2017, p. 302-306.

Research output: Contribution to journalArticleAcademicpeer-review

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N2 - Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where the action remains wrongful, but the wrongdoer may be released from responsibility for the wrongdoing.

AB - Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where the action remains wrongful, but the wrongdoer may be released from responsibility for the wrongdoing.

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