Territorial integrity, political independence, and consent: The limitations of military assistance on request under the prohibition of force

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Abstract

This article builds upon previous research by the author into the mechanics and interpretation of Article 2(4) of the UN Charter, which sought to explain the apparent contradiction between the status of the prohibition as a nonderogable norm of jus cogens and its well-recognised ‘exceptions’. Turning to the role of state consent within the prohibition, this article explores the scope and limits of a state’s ability to consent to the use of force within its territory – for example, by requesting military assistance in the context of a civil war – in light of this mechanical interpretation. Ultimately, this article argues that the prohibition of force still applies where a state consents or requests military assistance, because the principles of territorial integrity and political independence, alongside the ‘purposes of the United Nations’, can still prohibit some forms of military force even where consent has been given by the state concerned.
Original languageEnglish
Pages (from-to)35-73
Number of pages39
JournalJournal on the Use of Force and International Law
Volume7
Issue number1
Early online date4 Jun 2020
DOIs
Publication statusPublished - 4 Jun 2020

Keywords

  • Law
  • Human Rights
  • UN Charter
  • Use of force
  • Territorial Integrity
  • Political Independence
  • jus cogens
  • military assistance on request
  • negative equality
  • civil war
  • territorial integrity
  • Jus cogens
  • political independence

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    PATRICK BUTCHARD, PhD

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