5 - Peaceful resolution of disputes and use of force
Published online by Cambridge University Press: 06 August 2009
Summary
We the Peoples of the United Nations determined to save succeeding generations from the scourge of war … to reaffirm faith in fundamental human rights … to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained … to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest … have resolved to combine our effort to accomplish these aims.
(Preamble, UN Charter, 26 June 1945)The legal framework
The obligation to resolve international disputes by peaceful means
Any enquiry into the lawfulness of responses to the events of September 11 must begin from the obligation to resolve disputes by peaceful means. This obligation is enshrined in Article 2(3) of the Charter of the United Nations, which states: ‘All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, shall not be compromised.’
Within the category of peaceful means of dispute resolution fall traditional methods directed towards addressing state responsibility, which are not addressed in detail here. Suffice to note that these include arbitration, judicial settlement, non-adjudicatory methods such as negotiation, good offices, mediation, conciliation or inquiry, and settlement under the auspices of the United Nations or regional organisations.
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- The 'War on Terror' and the Framework of International Law , pp. 144 - 214Publisher: Cambridge University PressPrint publication year: 2005