Research On The Exceptional Problem Of The Prohibition Of The Principle Of The Use Of Force

The use of force was once a legal form of international relations which means the law does not prohibit the state from launching wars as long as the war is justified.War is the most common way of using of force,so the norms governing the use of force by the state are embodied in the norms of national warfare specifically.From the ancient times to the Middle Ages the theory of just war was born because the study about that the use of force is lawful through proving legitimacy of the state's motives for war.With the sovereign states rising in modern times,the right to war as the natural rights of the state without any restrictions had become one of the main contents of sovereignty.The international community realize that the right of the state to war have to be abandoned for peace after the two world wars.The Charter of the United Nations made in 1945 clearly stipulates the principle of prohibiting the use of force between nations.At the same time,for state practicing the Charter also provides for two exceptions to this principle one is the use of force by the Council in Article 42 of the Charter and the other is the right to self-defence in Article 51.In fact,the application of these regulations affected by changing of the international social situation.In the face of the threat of weapons of mass destruction,such as nuclear weapons,bacteriological weapons,and chemical weapons,preventive self-defense has emerged in state practice.Because that the threat to the international peace and security posed by the acts of terrorists is growing,the international community is trying to combat highly organized and armed terrorist organizations by the use of force.After the Second World War,protection of human rights became one of the purposes of the Charter and the important part of international law.When a country has a serious humanitarian crisis,some countries have begun to interference the country in force for the purpose of humanity so that the theory of responsibility to protect has been widely recognized by the international community.The ban on the use of force is always the basic principle guiding national practice and the basic norm for adjusting international relations definitely.Whether the use of force to combat acts in terrorism or to the purpose of humanitarian intervention,it should be the exception to this principle.