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Use of Force and Human Rights under International Law

Journal: Athens Journal of Law (Vol.3, No. 2)

Publication Date:

Authors : ;

Page : 141-164

Keywords : UN Charter; Human Rights; Use of Force; International Declaration; International Court of Justice;

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It is irony of time that oppression, pain and suffering exist even when man is trying to reach at the peak of civilisation. Millions of people have gazed the brutal horrors of history, with its countless examples of man's inhumanity to man. The vast majority of suffering and injustice in the world, today and spanning back thousands of years, can be directly attributed the idea of greed, hatred, evils of society and most important the belief of absolute authority of state. The belief in absolute authority which includes all belief in government is contrary to civilisation, morality rather than being force for order and justice. There is a harsh contrast between purpose of respecting authority in action the compliance of which makes us civilised and disrespect for authority which leads chaos and violence. The most of the injustice and destruction that has occurred throughout the world was not the result of people breaking the law, but rather the result of people obeying and enforcing the laws of various governments. A bad command is also bad to disobey. The right to life is the supreme human right and without effective guarantee for it, all other human rights would be meaningless. When a state violates human rights of its citizens, however, another state may violate the state's territorial sovereignty and protect the abused citizens under the doctrine of humanitarian intervention. Law of armed conflict and humanitarian right law are complimentary to each other. Both are intended to protect the lives, integrity and dignity of individuals, and both address issues related to the use of force. The very purpose of establishing United Nations was to maintain international peace and security in the world but there is controversy as to whether findings of the Security Council are conclusive as to legality, illegality and as to content of the applicable norms. The questions may also be raised as to the role of states interpreting the UN Charter while acting under the Charter and outside the Charter, judicial review of actions taken by the Security Council under Article 2(4) and by the individual state under Article 51 of the Charter. Humanitarian intervention, war as a means to show solidarity with the oppressed and the political will of the United Nations as to the last best hope of mankind also needs to be scrutinised. However the purpose of this paper is to analyse and evaluate the questions mentioned above and find out the answer and solution of the problem in the light of United Nations Charter, International Declarations, Convention, treaties and judgments of the International Court of Justice.

Last modified: 2017-05-31 20:39:28