Year: 2017
Type: article
Abstract: Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where the action remains wrongful, but the wrongdoer may be released from responsibility for the wrongdoing.
Source: AJIL Unbound
DOI: 10.1017/aju.2017.75
Author: Jure Vidmar
Institution: Maastricht University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W2763200914