CSDC 501

The Charter of the United Nations, born from the tragedy of the Second World War with the intention of preserving future generations from the scourge of war, is based on a generalized prohibition of a recourse to force to resolve disputes between States, with the exception of two cases: legitimate defence and measures taken by the Security Council within the area of its responsibilities for maintaining peace. In every case, exercising the right to self-defence must respect “the traditional limits of necessity and proportionality”. John Paul II, Message for the 2004 World Day of Peace, 6: AAS — Acta Apostolicae Sedis (official gazette of the Holy See)Volume 96 (2004) at vatican.va — list of its scanned parts (2004), 117. Therefore, engaging in a preventive war without clear proof that an attack is imminent cannot fail to raise serious moral and juridical questions. International legitimacy for the use of armed force, on the basis of rigorous assessment and with well-founded motivations, can only be given by the decision of a competent body that identifies specific situations as threats to peace and authorizes an intrusion into the sphere of autonomy usually reserved to a State.

Read the full chapter CHAPTER ELEVENThe Promotion of Peace ¶488–520

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