Use of Force in Self-Defence for Global Peace: A Conceptual Framework

2061
Abstract

This paper attempts to link legal and theoretical perspectives of the use of force in self-defence and, thereafter, formulates a conceptual framework based on these two key concepts: use of force as a legitimate right for self-defence and pre-emptive self-defence as an unlawful security doctrine in existing legal structure (UN Charter). The focus is on identifying: i) the primary factors which, in combination as well separately, present a broader view of legal justification for use of force in self-defence and ii) the factors facilitating an unlawful unilateral military action in self-defence. The primary objective is to link both theoretical and legal aspects to formulate a conceptual model. In fact, this study presents an overall picture capable of explaining the key linkage of the use of force in self-defence and breach of international peace, whereby a state launches a pre-emptive attack against another state.

Read More