TheEnglish philosopher Thomas Hobbes argues that “the condition of man . . . is acondition of war of everyone against everyone”. In his masterpiece Leviathan,Hobbes says that people should transfer all their rights to the sovereign whichis named as Leviathan to survive. Because according to Leviathan, in the stateof nature, there is no rule, no government or no common power.
Hence, thetendency to create upper power which regulates the relations always exists.International law is an example of this tendency because states with theinternational law can provide some guarantees and they reach protection.TheUse of Force is one of the significant substructure of international law which providesthis protection and some legal guarantees for state in international arena. The use of force in international relations is regulatedby treaty, laws and customary international laws. World War II created fearsand savagery atmosphere around the world, after World War II, statesestablished the United Nations to create a permanent and stable atmosphere ofpeace and to avoid all conflicts which could not be solved in the past and ….
.The current legal framework of the use of force in international law is protectedin the UN Charter. The main purpose of the UN charter is the maintenance ofinternational peace and security (Article 1(1) UN Charter). Therefore, as ageneral rule of international law, the use of force is prohibited. The UNarticle 2(4) states that “All members shall refrain in theirinternational relations from the threat or use of force against the territorialintegrity or political independence of any state, or in any other mannerinconsistent with the purposes of the United Nations.”Hencethis statement shows that there are two important issues concerning the use offorce: territorial integrity and political independence of a state. These two issuescan be a reason for the use of force in international relations. In UN charterArticles 39-51, sanctions are conducted in order to prevent illegal use offorce.
The Security Council of UN shall determine the existence of any violationof peace, threat to peace or act of aggression.Also, Security Council shall make some recommendations, take measures tomaintain or restore international peace and security. These measures can beeconomic, political, military and etc. Article 41 allows the Security Councilto impose sanctions such as trade and economic sanctions, militaryembargoes. Theimportant detail, that needs to be taken into attention, is the prohibition onthe use of force is not absolute().
As the wording of Article 2(4) suggests,the force is permissible in circumstances consistent with the purposes of theUN. Use of force is allowed only in two exceptionalsituations. The first situation is when a state is acting in self-defence underArticle 51, and the second when a military measured act is authorised by the UNSecurity Council in response to “any threat to the peace, breach of the peaceor act of aggression” (under Chapter VII, and by extension for regionalorganisations in Chapter VIII). Chapter VII of the UN Charter (‘Action withRespect to Threats to the Peace, Breaches of the Peace, and Acts ofAggression’), SelfdefenceStatescan use of force under conditions of the concept of self-defence ininternational law. According to Article 51 of the UN charter all states have anessential right of self-defence.
Footnote koy buraya * Article 51Nothingin the present Charter shall impair the inherent right of individual orcollective self-defence if an armed attack occurs against a Member of theUnited Nations, until the Security Council has taken measures necessary tomaintain international peace and security. Measures taken by Members in theexercise of this right of self-defence shall be immediately reported to theSecurity Council and shall not in any way affect the authority andresponsibility of the Security Council under the present Charter to take at anytime such action as it deems necessary in order to maintain or restoreinternational peace and security. * Silahlisaldirinin tanimi footnoteFora state to be able to use the right of self-defence, it must be under amilitary attack or threat. As spelled out in Article 51, a state that claimsthe right to self-defence must inform the Security Council immediately. One ofthe significant point is that the state that will use the right to self-defencewill respond in such a way as to dispose of the armed attack on itself; or toresort to heavier safeguards, even though the state that exercises this righthas the chance to remove the danger from the lighter measures; or it is aviolation of the legitimate right to self-defence.
* Di?er bir önemli noktaise, me?ru müdafaa hakk?n? kullanacak devletin, kendisine yap?lan silahl?sald?r?y? bertaraf edecek ?ekilde cevap vermesidir; yoksa bu hakk? kullanandevletin daha hafif önlemlerle tehlikeyi ortadan kald?rma ?ans? olmas?na ra?mendaha a??r önlemlere ba?vurmas? me?ru müdafaa hakk?n?n ihlali anlam?na gelir.* This way is called proportionalism in internationallaw. Another important point is the relation between time of armed attack and self-defence.The time between the armed attack and the corresponding legitimate defenceaction must be short; self-defence must be exercised immediately after thearmed attack.Thecase of Nicaragua Ifit needs to simple explanation of Nicaragua issue, leftist Sandinistarevolutionists overthrow the Somoza government and the Sandinista movement took control in1979. Because of the benefits of their ideologies, Government of Sandinistacreated good relationship Cuba and Russia and the new government increasedmilitary powers in state. However, the paramilitary groups which supporters ofthe president were acting against the Sandinista Government. Here is the wholeproblem was occurring and US and Nicaragua facedoff against.
US asserted that the Sandinista Government try to spread ownideology to nearby countries also they help guerrillas which against thegovernment in El Salvador. On the other hand, Nicaragua supposed that TheUnited States attacked Nicaragua’s harbours, oil facilities and naval base, anddamaged it. Also Nicaragua claimed that US has used direct armed attack and he causedto collapsed of Nicaragua’s and foreign traders. The Nicaragua blamed the US, helpingparamilitary groups in any ways such as military, logistics, trainning,intelligence and tactical planning.
When Nicaragua fails to survive with theguerrillas which are supported by US Nicaragua applied theInternational Court of Justice to find that these military or semi military activitiesviolated international law. Theuse of force authorised by the UN Security Council