Akademik Veri Yönetim Sistemi
International Conference on Contemporary Scientific Studies-VI, 20 Eylül 2021, cilt.2, ss.169, (Özet Bildiri)
Since the 1648 Westphalia agreement, in which today's state system emerged, war has been maintaining its existence as a method of conflicts resolution between states. However, the use of force in the international law has always been a source of problems in relations among states. In parallel with the developing technology, the lethal power of nuclear, biological and chemical weapons of mass destruction raises not only concerns about human life, but also the danger of extinction of all humanity and civilization. For this reason, a tendency towards the prohibition of the use of force among states has strengthened throughout the history. At the end of the Second World War, a new international system has been established that absolutely prohibits the use of force among the states and UN has been tasked to supervise and implement this principle. Nevertheless, since 1945, despite the existence of prohibition of the use of force, there has not been a single year without a war in the world. On the contrary, wars and conflicts around the world show an increasing trend year by year. This situation reveals an undeniable contradiction in international relations. All living things instinctively strive for greater resources to survive and grow. However, this situation inevitably brings about competition and conflict where there are limited resources. In such difficult situation, it is known that the powerful side imposes his will by using force or violence to make an opponent obey. Although this method may end the competition between the parties, it creates an environment of chaos and anarchy that threatens peace and security in society. For this reason, over time, the rules of law that the individuals forming the society have to comply with have emerged, and the violation of these rules has been attributed to sanctions. However, the existence of a rule which prohibited by law cannot prevent that act by itself, even in the most developed countries It is possible to make similar evaluations for the states that constitute the international community. The common interests of the international community are based on maintaining relations in peace and trust among states rather than conflicts and wars. For this reason, we see the rules of international law are formed that states have to abide by. It is a fact that states are in different positions according to their economic, political, military and technological powers, and powerful states use these advantages as a tool of coercion when their interests require it. If the peaceful settlement is not sufficient to produce results that are in the interest of the powerful states, we see that they turn to the use of force to subdue the rival state. However, the current international system, which absolutely prohibits the use of force, allows the attacked state to use force only in case of self-defense, which is accepted as a natural and inalienable right. Since the United Nations treaty accepts the right of self-defense as the only exception to the prohibition of the use of force, the doctrines that try to legitimize the use of force are derived from the different interpretation of the right of self-defence. Although preventive or pre-emptive self-defense concepts have been claimed as a kind of legitimate right in the international law, it is seen that such fait accompli that disable the United Nations (UN) organization lead to abuse of the right of self-defense.