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Vattel et le ius ad bellum

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Chapter Summary

The overall coherence of the UN Charter is known: the primacy of peace over justice that can be read from the preamble and the first article of the Charter. The use of force on the part of States, are prohibited. This prohibition is guaranteed through collective security that the Council implements to threats against peace, breaches of the peace or act of aggression. The UN Charter recognizes only interstate wars; it prohibits preventive wars and ignores the notion of just war without confusing just war and lawful war. The state had the power to reserve the war had the legitimacy and competence to undertake on behalf of his community. The doctrine of preventive war has gained fresh momentum with the war against Iraq when a substantial part of the doctrine, particularly American put it back in the spotlight. The original text of the chapter is in French.

Keywords: Iraq; lawful war; UN Charter



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