International Law and some Contemporary Problems of the Use of Force

Abstract

One of the most important but also one of the most controversial areas of international law is the legal regulation of the use of military force. The nature, content and effectiveness of this domain of international law expresses, much more clearly than any other branch, the very nature of international law. One of the most prominent 20th century international lawyers, Louis Henkin, wrote, ‘Almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time.’2 This observation is true - almost all nations almost all of the time also observe the principle prohibiting the use of force and the threat of force in international relations. However, the use of military force between states belongs to what one may call ‘low probability-high consequence events’, and therefore every use of military force, even if relatively minor, has almost incomparable negative consequences in terms of human lives lost, properties and livelihoods destroyed, refugee flows created and all kinds of miseries increased. Therefore, a greater observance and respect for the principle of the non-use of force in international relations remains one of the most important tasks of international law and international lawyers.