2021•Edward Elgar Publishing eBooksRequires access
The prohibition on the threat or use of force
Russell Buchan, Nicholas Tsagourias
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Abstract
This chapter examines the nature, content and scope of the prohibition on the threat or use of force as it is formulated in Article 2(4) of the United Nations Charter and customary international law. It covers a broad range of issues including an assessment of: the relationship between Article 2(4) and the customary law on the use of force; who are the subjects of the prohibition on the threat or use of force; the meaning of the concept of force; whether force can be committed indirectly; what is a prohibited ‘threat’ of force; and whether the non-use of force principle has attained jus cogens status. Finally, it considers whether the Article 2(4) prohibition has fallen into desuetude in the contemporary era.