General prohibition of violence
The general prohibition of violence is set out in Article 2 No. 4 of the Charter of the United Nations and prohibits member states from using military force .
"All members refrain in their international relations from any threat or use of force directed against the territorial integrity or the political independence of a state or otherwise incompatible with the goals of the United Nations."
It constitutes the most important positive legal source of international law . Exceptions are the sanctions regime of the UN Security Council under Chapter 7 and the right to self-defense under Article 51st
history
In absolutism , war was seen as a means of politics that only the ruler decides about within the framework of his freedom of war. However, even before the Charter of the United Nations came into force, attempts were made to establish the renunciation of force in politics.
- On December 2, 1823, US President James Monroe declared the principle of non-interference, the so-called Monroe Doctrine , in a State of the Union Address .
- In 1907 the Drago-Porter Convention was adopted at the 2nd Hague Peace Conference , which forbids a creditor state to enforce its claims by force against the debtor state.
- On April 28, 1919, the statutes of the League of Nations were adopted by the plenary assembly of the Versailles Peace Conference. The aim was to resolve disputes between the members peacefully.
- On December 1, 1925, the Locarno treaties for the security of the borders are signed, which assures an attacked state the support of the other contracting parties.
- On August 27, 1928, the Briand-Kellogg Pact is signed by eleven states. Another 51 states follow. The undersigned renounce war as a tool of their politics. This pact is the renunciation of the freedom of war and determines the prohibition of a war of aggression, which legally a world-wide valid war prohibition was achieved.
- On June 26, 1945, the 51 founding members of the United Nations signed the United Nations Charter.
- In 1970 the Eastern Treaties were concluded on the basis of nonviolence within the meaning of the United Nations Charter. They are also called non-violence contracts.
- On December 14, 1974, the UN General Assembly passed resolution 3314, a definition of aggression contrary to international law
- June 11, 2010: At the first review conference of the Rome Statute of the International Criminal Court , the contracting states agreed on a definition of the crime of aggression .
See also
Individual evidence
- ↑ Charter of the United Nations and Statute of the International Court of Justice (PDF; 406 kB)
- ↑ Michael Bothe , in: Graf Vitzthum (Ed.), Völkerrecht , 5th edition 2010, p. 647 .
- ↑ Resolution A / RES / 3314 (XXIX) of the UN General Assembly of December 14, 1974 .
literature
- Albrecht Randelzhofer , Art. 2 (4) , in: Bruno Simma (Ed.): The Charter of the United Nations, 2nd ed., Oxford University Press and CH Beck, Oxford and Munich 2002, ISBN 978-3-406-49900 -5 .
- Christian Stelter: Use of force under and alongside the UN Charter. Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12547-0 .
