Research On The Exceptional Legal Issues Of The Principle Of Prohibiting The Use Of Force

The two world wars brought untold sufferings to countries and people around the world,affecting a wide range of areas and causing heavy losses to the countries concerned.With the end of The Second World War,the international community entered a short period of peace,people thought that war would never happen again,and lived happily ever after.However,with the end of the Cold War,some big powers maliciously broke the international order and rules,and local wars occurred from time to time,which made people around the world have to bear great psychological pressure.Events such as the Case of Libya and the Gulf War have caused serious damage to the international order.The shadow of war has still not been erased from people's minds,and wars and armed conflicts still exist.The United Nations charter(hereinafter referred to as the "charter")under the background of such arises at the historic moment,the United Nations,based on the aim of maintaining world peace and development,in the beginning of the charter set,considering the occurrence of force would cause serious damage to the international order,so clearly stipulated in the charter "to ban the use of force principle",the principle of constantly destroyed in the process of the development of the international community,this article is aimed at banning the use of force to the principle of details are exceptions,and give some feasible Suggestions.Full-text is divided into four parts:The first part discusses in detail the related theory,to ban the use of force to the principle of exception first exception to ban the use of force principle are discussed about the definition of related issues,secondly,from the perspective of historical evolution to ban the use of force principle can be divided into three historical stages,namely the freedom to use force period,the period of restrictions on the use of force and a total ban on the use of force,and finally the existence of the ban on the use of force principle exception perform causal analysis.The second part discusses the current situation of exceptional international practice of the principle of prohibition of the use of force.It mainly expounds the current international practice of the legitimate use of force in the Charter,including traditional self-defense,collective security system and the authorized use of force by the Security Council.This paper introduces in detail the current international practice of the exception to the prohibition of the use of force,which mainly includes humanitarian intervention,preventive self-defense and the responsibility of protection.The third part analyzes the exceptional legality of the principle of prohibiting the use of force.Including the legitimacy analysis of traditional self-defense,the legitimacy analysis of the use of force authorized by the Security Council,the legitimacy analysis of humanitarian intervention,the legitimacy analysis of preventive self-defense and the legitimacy analysis of the responsibility to protect.The fourth part mainly puts forward some suggestions on the exceptions of the principle of prohibiting the use of force,including the legalization of "preventive self-defense" and "counter-terrorism self-defense right",the improvement of the mechanism of authorizing the use of force by the Security Council,the clear standard of the responsibility to protect and the establishment of an effective supervision mechanism.