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The Use of Force as a Plea of Necessity

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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.
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Details

Original languageEnglish
Pages (from-to)302-306
JournalAJIL Unbound
Volume111
DOIs
Publication statusPublished - 2 Oct 2017