Le principe de l’interdiction du recours à la force a-t-il encore valeur positive ?

Abstract

Prohibition of the use of force as a principle is a fundamental element in the structure of the collective security system established after World War II. Since it has been violated on various occasions, the question of its legal effect arises today. Indeed, some argue that multiple violations of this principle have resulted in its falling into disuse. This assertion must be dismissed because, if the breach of a legal rule obviously has an impact on its effectiveness, it does not automatically question its existence. Even when infringed, the principle of the prohibition of the use of force remains a positive law rule.

Keywords

• Afghanistan
• aggression
• Chapter VII
• desuetude
• Iraq
• Lebanon