The power which regulates the relations always exists.

The
English philosopher Thomas Hobbes argues that “the condition of man . . . is a
condition of war of everyone against everyone”. In his masterpiece Leviathan,
Hobbes says that people should transfer all their rights to the sovereign which
is named as Leviathan to survive. Because according to Leviathan, in the state
of nature, there is no rule, no government or no common power. Hence, the
tendency to create upper power which regulates the relations always exists.
International law is an example of this tendency because states with the
international law can provide some guarantees and they reach protection.

The
Use of Force is one of the significant substructure of international law which provides
this protection and some legal guarantees for state in international arena. The use of force in international relations is regulated
by treaty, laws and customary international laws. World War II created fears
and savagery atmosphere around the world, after World War II, states
established the United Nations to create a permanent and stable atmosphere of
peace 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 protected
in the UN Charter. The main purpose of the UN charter is the maintenance of
international peace and security (Article 1(1) UN Charter). Therefore, as a
general rule of international law, the use of force is prohibited. The UN
article 2(4) states that

 “All members shall refrain in their
international relations from the threat or use of force against the territorial
integrity or political independence of any state, or in any other manner
inconsistent with the purposes of the United Nations.”

Hence
this statement shows that there are two important issues concerning the use of
force: territorial integrity and political independence of a state. These two issues
can be a reason for the use of force in international relations. In UN charter
Articles 39-51, sanctions are conducted in order to prevent illegal use of
force. The Security Council of UN shall determine the existence of any violation
of peace, threat to peace or act of aggression.
Also, Security Council shall make some recommendations, take measures to
maintain or restore international peace and security. These measures can be
economic, political, military and etc. Article 41 allows the Security Council
to impose sanctions such as trade and economic sanctions, military
embargoes. 

The
important detail, that needs to be taken into attention, is the prohibition on
the 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 the
UN. Use of force is allowed only in two exceptional
situations. The first situation is when a state is acting in self-defence under
Article 51, and the second when a military measured act is authorised by the UN
Security Council in response to “any threat to the peace, breach of the peace
or act of aggression” (under Chapter VII, and by extension for regional
organisations in Chapter VIII). Chapter VII of the UN Charter (‘Action with
Respect to Threats to the Peace, Breaches of the Peace, and Acts of
Aggression’),

Self
defence

States
can use of force under conditions of the concept of self-defence in
international law. According to Article 51 of the UN charter all states have an
essential right of self-defence. Footnote koy buraya *    Article 51

Nothing
in the present Charter shall impair the inherent right of individual or
collective self-defence if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken measures necessary to
maintain international peace and security. Measures taken by Members in the
exercise of this right of self-defence shall be immediately reported to the
Security Council and shall not in any way affect the authority and
responsibility of the Security Council under the present Charter to take at any
time such action as it deems necessary in order to maintain or restore
international peace and security. *

Silahli
saldirinin tanimi footnote

For
a state to be able to use the right of self-defence, it must be under a
military attack or threat. As spelled out in Article 51, a state that claims
the right to self-defence must inform the Security Council immediately. One of
the significant point is that the state that will use the right to self-defence
will respond in such a way as to dispose of the armed attack on itself; or to
resort to heavier safeguards, even though the state that exercises this right
has the chance to remove the danger from the lighter measures; or it is a
violation of the legitimate right to self-defence. * Di?er bir önemli nokta
ise, me?ru müdafaa hakk?n? kullanacak devletin, kendisine yap?lan silahl?
sald?r?y? bertaraf edecek ?ekilde cevap vermesidir; yoksa bu hakk? kullanan
devletin daha hafif önlemlerle tehlikeyi ortadan kald?rma ?ans? olmas?na ra?men
daha a??r önlemlere ba?vurmas? me?ru müdafaa hakk?n?n ihlali anlam?na gelir.*  This way is called proportionalism in international
law. Another important point is the relation between time of armed attack and self-defence.
The time between the armed attack and the corresponding legitimate defence
action must be short; self-defence must be exercised immediately after the
armed attack.

The
case of Nicaragua

If
it needs to simple explanation of Nicaragua issue, leftist Sandinista
revolutionists overthrow the Somoza government and the Sandinista movement took control in
1979. Because of the benefits of their ideologies, Government of Sandinista
created good relationship Cuba and Russia and the new government increased
military powers in state. However, the paramilitary groups which supporters of
the president were acting against the Sandinista Government. Here is the whole
problem was occurring and US and Nicaragua faced
off against. US asserted that the Sandinista Government try to spread own
ideology to nearby countries also they help guerrillas which against the
government in El Salvador. On the other hand, Nicaragua supposed that The
United States attacked Nicaragua’s harbours, oil facilities and naval base, and
damaged it. Also Nicaragua claimed that US has used direct armed attack and he caused
to collapsed of Nicaragua’s and foreign traders. The Nicaragua blamed the US, helping
paramilitary groups in any ways such as military, logistics, trainning,
intelligence and tactical planning. When Nicaragua fails to survive with the
guerrillas which are supported by US Nicaragua applied the
International Court of Justice to find that these military or semi military activities
violated international law.

 

 

 

 

 

The
use of force authorised by the UN Security Council