Pokusy o vymezení konkrétních výjimek zákazu použití síly v mezinárodních vztazích
Attempts to Define Specific Exceptions to the Prohibition of the Use of Force in International Relations
Author(s): Daniel ŠmihulaSubject(s): Law, Constitution, Jurisprudence, International Law, Political history, Security and defense, Military policy, History of Communism, Russian Aggression against Ukraine
Published by: Univerzita Palackého v Olomouci
Keywords: international law; use of force; aggression; just war
Summary/Abstract: In the international law the use of force is in general prohibited. An exception is given by the UN Charter (The UN Security Council and Chapter VII authorization, Individual and collective self-defence). Apart from the grounds enumerated in the Char¬ter, there are also other grounds (customary law, natural law, justice) for war acceptable under international law. Theoretically, we can identify several of them which are generally accepted: struggle for national independence/liberation of subdued people, protection of nationals, reprisal attack against the state sending the terrorists, and a pre-emptive attack. There are also other which are being discussed: military action intended to enforce the judgment of an international court and humanitarian intervention. In the years 2000-2024, we witnessed an attempt to legitimize offensive military actions with other argu¬ments, other theoretical concepts: Russian vision of entitlement to military intervention and annexation in the sphere of the historical Russian world. And the idea of Islamic holy war against infidels – which is constantly present in Islamic societies – although not in official doctrines of states with Islamic majority.
Journal: Acta Iuridica Olomucensia
- Issue Year: 19/2024
- Issue No: 1
- Page Range: 7-25
- Page Count: 19
- Language: English