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Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green

Michigan Journal of International Law

It is incontrovertible that the prohibition of the unilateral use of force is a fundamental aspect of the United Nations (U.N.) era system for governing the relations between states. Given this fact, the prohibition, as set out most crucially in Article 2(4) of the U.N. Charter, is often seen as the archetypal example of a jus cogens norm (a "peremptory norm" of general international law). Certainly, an overwhelming majority of scholars view the prohibition as having a peremptory character. Similarly, the International Law Commission (ILC) has taken this view and it is arguable that the International Court of Justice (ICJ) …