Use of force in international law
Legal provision
Article 2(4) of the UN Charter
Prohibits the use of force against the territorial integrity or political independence of any state.
Considered a cornerstone norm of international law.
Permissible exceptions
Self-defence (Article 51)
UN Security Council authorisation
U.S. justifications and their legal limits
Arguments advanced by the U.S.
Law enforcement operation to prosecute alleged criminals
Pre-emptive action against regional threats
Claims of illegitimacy of the Maduro government
Why these fail legally
Law enforcement across borders without consent violates sovereignty.
Expanded self-defence (anticipatory/pre-emptive) remains highly contested.
Humanitarian intervention without UN authorisation lacks legal backing.
Revival of the Monroe Doctrine is incompatible with modern international law.
Head of State immunity: Key legal principle
International Court of Justice precedent
International Court of Justice
Arrest Warrant Case (DRC vs Belgium)
Doctrine applied
Immunity ratione personae
Sitting heads of state enjoy absolute personal immunity from foreign criminal jurisdiction.
Applies irrespective of alleged crimes.
Effective control doctrine
Recognition by other states is irrelevant.
What matters is whether the government exercises effective control over territory.
Maduro administration satisfies this test.
Therefore, U.S. courts lack jurisdiction over the Venezuelan President.
International wrongs highlighted
Forcible abduction of a foreign national from sovereign territory
Trial before domestic courts without consent
Interference in internal affairs
Attempt to “run” or control another state’s governance
All constitute internationally wrongful acts.
Prelims Practice MCQs
Q. With reference to Article 2(4) of the UN Charter, consider the following statements:
It prohibits the threat or use of force against the territorial integrity or political independence of any State.
It allows the use of force for humanitarian intervention without UN Security Council authorisation.
It is regarded as a cornerstone norm of modern international law.
Which of the statements given above are correct?
(a) 1 and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (a)
Explanation:
Article 2(4) strictly prohibits use of force.
Humanitarian intervention without UN authorisation is not legally recognised.
It is a foundational norm of international law.
Q. According to the UN Charter, the use of force by a State is legally permitted only in which of the following situations?
In individual or collective self-defence
With authorisation of the UN Security Council
For enforcing domestic criminal law in another State
To remove an illegitimate or authoritarian regime
Select the correct answer using the code below:
(a) 1 and 2 only
(b) 1, 2 and 3 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4
Answer: (a)
Explanation:
Only self-defence (Article 51) and UNSC authorisation are recognised exceptions.