The use of force I. The use of force and state sovereignty 1. Importance and meaning of sovereignty a. Permanent Court of International Justice in Eastern Carelia: a principle which is a fundamental principle of international- law, namely, the principle of the independence of States.1 b. The Tribunal in Island of Palmas: Sovereignty in the relations between States signifies independence. ... The development of the national organisation of States during the last few centuries and, as a corollary, the development of international law, have established this principle of the exclusive competence of the State in regard to its own territory in such a way as to make it the point of departure in settling most questions that concern international relations.2 c. United Nations Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States, Section 3: The territorial integrity and political independence of the State are inviolable.3 d. Two landmark cases regarding both sovereignty and the use of force: Nicaragua ICJ Reports 1986 p. 14; and Corfu Channel ICJ Reports 1949 p. 4. e. The International Court in Nicaragua p. 14, 106: 'The principle of non-intervention involves the right of every sovereign State to conduct its affairs without outside interference; through examples of trespass against this principle are not infrequent, the Court considers that it is part and parcel of customary international law. As the Court has observed: "Between independent States, respect for territorial sovereignty is an essential foundation of international relations" ([Corfu Channel] I.C.J. Reports 1949, p. 35), and international law requires political integrity also to be respected.' 1 Status of Eastern Carelia Series B No 5 (1923) at 27. 2 Island of Palmas (1928) 2 RIAA 829, 838 (emphases added). 3 Res 2625 (XXV); reprinted in (1970) 9 ILM 1292, 1296. 1
II. The UN Charter UN Charter, Art. 2, esp. Art. 2(3)-(4) a. Art. 2(3) All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered. b. Art. 2(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations. c. Art. 2(4) is the 'cornerstone of the United Nations Charter': Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda), ICJ Reports 2005 p 168, 223 d. UNGA Resolution 3314 (XXIX) Definition of Aggression, 14 December 1974: Article 1 Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. e. threat or use of force = armed force used directly or indirectly, not political or economic coercion: Nicaragua ICJ Reports 1986 p 14. f. threat? Some tolerance of threats in state practice? Some obvious threats (e.g. developing and stockpiling weapons) are part of self-defence: Art.