Banning Force

• Author: Craig Forcese
• Pages: 197-202

197

Chapter 25

Banning Force

All Members shall refrain in their international relations from the

threat or use of force again the territorial integrity or political

independence of any ate, or in any other manner inconsient with

the Purposes of the United Nations.

— artiCle 2(4), Charter of the united nationS

T   War did not end the ef‌fort to outlaw

war — it galvanized it. In 1945, forty-nine states — at that

time, ef‌fectively the international community — concluded

the United Nations Charter, a treaty that is the closest thing to a con-

stitution in international law and relations. Like the League Coven-

ant, the Charter created an intergovernmental body: the United

Nations. This is not a world government capable of legislating, per se.

Instead, it is a venue for resolving international disputes and propos-

ing common policies on matters of international signif‌icance. The

United Nations comprises six main “organs” and an array of sub-

sidiary and specialized agencies and organizations. Among these are

the UN General Assembly (the body’s plenary forum for discussion

of international matters) and the International Court of Justice (ICJ)

(the standing arbitral body that succeeded the Permanent Court of

International Justice). Both the General Assembly and the ICJ occa-

sionally play roles in international security, but these are minor

functions: the General Assembly has powers under the Charter only

to recommend, and the ICJ hears cases only in those rare instances