Who Killed Article 2(4)? or: Changing Norms Governing the Use of Force by States

Abstract

Twenty-five years ago, the Allied nations gathered at San Francisco in the warming glow of victory and signed a solemn treaty giving effect to their determination “to save succeeding generations from the scourge of war …” and “to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest …” Specifically, they undertook in Article 2(4) to “refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state …” They also committed themselves to “settle their international disputes by peaceful means …”