The Primacy of International Law over Force

Abstract

The sustained and continuing validity of the general principles of International Law provides the foundations for the application of its norms. In this turmoiled beginning of the XXIst century, there is growing need to reaffirm, in particular, the primacy of International Law over force. Interventions in inter-state relations disclose the disparities of power among States, unilaterally decided by the same power which executes them, acting unjustifiably as judge and party in each case, perpetrating acts of force against those who cannot defend themselves. The worldwide survey Customary International Humanitarian Law, recently undertaken by the International Committee of the Red Cross, identifies the universal common core of International Humanitarian Law. In the last decades, one has witnessed a true conversion of the traditional and surpassed jus ad bellum into the jus contra bellum of our days; this is one of the most significant transformations of the contemporary international legal order.Keywords: humanitarian assistance; International Law; Jus Cogens