Transcription of INTERNATIONAL LAW AND THE USE OF FORCE: WHAT …
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INTERNATIONAL LAW AND THE USE OF FORCE: WHAT …
INTERNATIONAL LAW AND THE USE OF FORCE: WHATHAPPENS IN PRACTICE?1 MICHAEL WOOD*I. INTRODUCTIONKofi Annan, Secretary-General of the United Nations at the time of the 2003 Iraq conflict, has written: No principle of the Charter is more important than the principle of thenon-use of force as embodied in Article 2, paragraph 4 .. Secretaries-General confront many challenges in the course of their tenures but thechallenge that tests them and defines them inevitably involves the use offorce. 2 The same might be said of Government leaders and their legal aim of this article is to give some flavour of the role that the internationallaw on the use of force plays in practice when a Government is contemplating theuse of force internationally, or aiding or assisting others to do so, or even just beingpressed for a view on what others are about to do or have done.
rather than public international law as such. 5 In some States, to the extent that it is considered at all, international law seems to play an indirect role. Thus, for Germany and for Japan, the key issues are the limits on the use of force set out in their constitutions, which may or may not correspond to international law, including the
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