POL340Y1 Lecture Notes - Lecture 3: International Atomic Energy Agency, Jus Ad Bellum, Peremptory Norm
22 Mar 2016
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Jus ad bellum (the right to war, right to declare or engage in war) General prohibiion in art. 2 (4): states shall refrain from the use or threat of force against territorial integrity or poliical independence of any state, or in any other manner inconsistent with the purposes of the un. That are duies of the members of un declaraion of friendly relaions: equal rights and self-determinaion, no use of aggression force, respect of sovereignty. , etc leads to a broad context. Nicaragua case showed that declaraion on friendly relaions between states is a customary il. The use of force is as jus cogens law universal law this is important because it is preempive and it is binding, super-ceding other principles. Iraq"s invasion was at least against territorial integrity of the state, so unlawful. Threat is a just threat unless it is recognized by other states that it is a threat.
