Title of article :
Principle of Non-use of Force based on International Law: A Case Study of Legitimizing NATO Measure on Kosovo Crisis
Author/Authors :
Raiesi Dezaki، Leila نويسنده Assistant professor of Islamic Azad University, Shahrekord, Iran Raiesi Dezaki, Leila , Azimzadeh Ardebili، Mohammad Mansour نويسنده PHD Candidate on International Relations, Islamic Azad University, Isfahan (Khorasgan branch), Iran Azimzadeh Ardebili, Mohammad Mansour , Habibollahi، Mehdi نويسنده PHD Candidate on International Relations, Islamic Azad University, Isfahan (Khorasgan branch), Iran Habibollahi, Mehdi
Issue Information :
روزنامه با شماره پیاپی 0 سال 2015
Abstract :
The present article intends to find the answer to the fallowing two questions: 1. How the use of force is defined in contemporary international law? 2. Despite the fact that the security council of the UN is free to detect the explicit violation of human rights and taking the military actions against the states that violate human rights and also based on the fact that it does not permit military forces preventing the violation of human rights in Yugoslavia, so what is its justification to legitimize NATO measures to the use of force in Kosovo Crisis? The presupposition is that states are obliged to use the force only in two cases of self-defense (collective/individual) and collective military measures, to preserve international peace and security based on the UN Charter framework. To answer the second question it will be pointed out that by disregarding Security Council justification and military interference, NATO measures intend to establish a thorough link with humanitarian international laws. NATO justified its measures by disrespecting human rights and fundamental rights of the individuals to interfere on Yugoslavia affairs without considering the Security Council authorization. These two issues will be studied through three chapters of the present article.
Journal title :
International Journal of Economy, Management and Social Sciences
Journal title :
International Journal of Economy, Management and Social Sciences