The Use Of Force Rules In International Law

In the process of early international exchanges, wars between countries can be a normal state-to-state relation, with the improvement of the level of human civilization, the exchanges became standardized, engagement guidelines and laws of wars slowly came out. Hence, customary international law was take shape under the wars and the use of force among countries.After an introduction to the customary law, we will focus on the prohibit use of force principles of existing international law. The main purpose of this paper is to analysis the challenges that prohibit the use of force principle is facing, and to interpret these challenges in the international relations through cases. This can make us a more dialectical analysis to the principle of prohibit the use of force, and also provide help to the legislation and practice of the principle. This article consists of the following four parts:Chapter â… , the historical development of force rules in international law. This part is to explain the evolution of force rules from the historical perspective. Force rules are evolved into customary law from the original rules of engagement the use of force, and then, after different periods of the game of international relations, it forms the existing legal norms. This part of the introduction will help us to strengthen the understanding of the prohibition of the use of force principle.Chapter â…¡, the rules of the use of force in the existing international law.This is the basic theoretical part of this article. To research the rules of the use of force in the international law, the key point is the relevant rules and principles in the existing international law. This chapter gives a legal analysis of2.4of the Charter, resolves a few exceptions of "twenty-four clause" and analyzes the applicable conditions, and points out these exceptions are abuse in a variety of situations in international practice This analysis is start from the point of establish the prohibition of force principle, as well as the role of prohibiting the use of force principle in the Charter of the United Nations.Chapter â…¢, the challenges of force rules in international law.This is a major part of this article. For the vagaries of the current international relations and situation. there are some force action appear in the international exchanges, such force has been a threat to international peace and security, and these factors turn up a trend of diversification. This chapter makes a more profound analysis of the problems faced in the existing institution by discourse the military action of recent international community and the form of a combination of the corresponding rules.Chapter IV, perfection of the force rules in international law. As it mentioned in the previous section, the force rules are facing with some challenges in existing international law, as well as various armed conflicts under the new situation of prohibit the use of force rules. It mentioned some measures to perfect the force rules in this article, e.g., Perfection of force against terrorism; build-up a Council-led collective security mechanism; pay attention to the international human rights protection in the process of the use of force; to restrict the behavior of the lawless use of force by international jus cogens. For the above measures, this article gives a concrete construction envisaged by sub-section.