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CIAO DATE: 03/03
The Current Status of the Principle Prohibiting the Use of Force and Legal Justifications of the Use of Force
Natalino Ronzitti
March 2002
Abstract
The UN Charter contains both the principle prohibiting the use of force and exceptions to it. These rules concern individual States. Collective security falls within the competence of the United Nations, and individual States, as a rule, cannot act in the name of collective security.
Other Charter rules, relating to the use of force, were conceived as transitory. This is the case of provisions against the former enemy States or Article 106 allowing the five permanent members to act to maintain peace and security, pending the stipulation of the agreements under Article 43 of the UN Charter.