The Principle Prohibiting the Use or Threat of Force in International Relations under International Law

Abstract

The prohibition of the threat or use of force is a fundamental principle of contemporary international law and a central element of the international legal order established by the United Nations Charter. This study examines the principle's historical development, legal foundation, scope, exceptions, and contemporary challenges. A qualitative legal-analytical approach was employed, using doctrinal and documentary analysis of international legal instruments, judicial decisions, and relevant academic literature. The findings were analyzed thematically and identified five major themes: the historical development of the prohibition, its legal foundation and scope, the meaning of “force,” recognized exceptions, and contemporary challenges in its application. The findings show that Article 2(4) of the UN Charter provides the principal legal basis for the prohibition, supported by customary international law and international jurisprudence. The study further finds that self-defense and Security Council authorization constitute recognized legal bases for the use of force, while the interpretation of “force” and the legality of particular forms of coercive conduct remain subject to legal debate. The study concludes that the main challenge is not the absence of a legal prohibition, but the consistent interpretation, application, and enforcement of the principle in changing international circumstances.