Can a member of the United Nations unilaterally decide to use preemptive force against another state without violating the UN charter? Cover Image

Can a member of the United Nations unilaterally decide to use preemptive force against another state without violating the UN charter?
Can a member of the United Nations unilaterally decide to use preemptive force against another state without violating the UN charter?

Author(s): Vytautas Kacerauskis
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: member; United Nations; unilaterally; use; preemptive; force; state; violating; UN; charter

Summary/Abstract: The language of the UN Charter itself does not provide a straightforward answer to the question whether unilateral preemptive use of force is legal. However it recognizes the “inherent right of self-defense”. Framers of the UN Charter were definitely not in a position to foresee the circumstances in which states will have to defend themselves, for example, 60 years from 1945. Consequently, they could not imagine how unexpected and devastating attacks would be or how to appreciate the importance of the first strike against a potential and likely aggressor. Bearing in mind the potential capabilities of today’s terrorists and rogue states, especially due to their increasing attempts to acquire weapons of mass destruction, it is obvious that limiting the right of self-defense to situations where an armed attack has already occurred would render the right of self-defense illusionary, thus contradicting the Charter purposes. Therefore in the light of current circumstances, preemptive use of force must be considered a part of the “inherent right of self-defense.” Of course, the right of preemptive use of force is subject to strict criteria - States must prove there is no other way to prevent an attack from an enemy but to strike it first.

  • Issue Year: 2005
  • Issue No: 1
  • Page Range: 80-100
  • Page Count: 21
  • Language: English