An Assessment of the 'Lawfulness' of Use of Force as Dispute Settlement Method


  • Md Mustakimur Rahman Notre Dame University, Bangladesh
  • Mohsina Hossain Tushi Kishorganj Judge Court, Bangladesh



dispute settlement, use of force, self-defence, international humanitarian law, international criminal law


Public international law has been developing and working with international humanitarian law & international human rights law together. As it developes, international law is renovating its nature from softer to harder. Although it is a great achievement to see that international (criminal) law has the influence to deal with some particular international criminals, however, the world is still far beyond from its ambition. Sometimes states are behaving very unusual against other states and using force for various reasons. While using force against other states is prohibited under Article 2(4) of the UN Charter. Nevertheless, states can use force under Article 51 if it is necessary for self-defence and only if it is approved by the Security Council under Chapter VII of the UN Charter. However, it is a question of fact that how a state can use force(s) and how it will be legitimate under several international laws? Hague law prohibits the use of new weapons and engine in the war because it seems disproportionate and unnecessary while the UN Charter is silent about the method of using force. Hence, it seems not clear that how a 'force' would be measured and will pass the 'legality' test. The indicator, thus remain unclear and very subjective.

Author Biographies

Md Mustakimur Rahman, Notre Dame University, Bangladesh

Md Mustakimur Rahman has worked as a Lecturer in the Department of Law at Notre Dame University, Bangladesh, since May 2016. Before joining the university, Mr. Rahman worked as a Legal Research Assistant at Bangladesh Institute of Law and International Affairs (BILIA). Additionally, he worked as a General Adviser at Nottingham and Nottinghamshire Refugee Forum (NNRF) in 2012 to 2013.

In July 2012, he went to Geneva, Switzerland for international summer school experience on international humanitarian law. He attended in several seminars and lectures on international humanitarian law and also visited the headquarters of the United Nations, ILO, ICRC and UNHCR. He is also an activist and an independent legal columnist. He writes law-related articles in several daily newspapers in Bangladesh and has published nationally and internationally. He completed his LL.B (Hons) & LL.M in Public International Law at Nottingham Trent University, UK, in 2012 and 2013 respectively.

Mohsina Hossain Tushi, Kishorganj Judge Court, Bangladesh

Assistant Judge of Kishorganj District Court Bangladesh.


Journals Articles

Arriaza, Naomi Roht, ‘The Pinochet Precedent and Universal Jurisdiction’ (2001) 35(2) New England Review.

Dinstein, Yoram, ‘War Aggression and Self-defence’ (2007) European Human Rights Law Review.

Neuman, Gerald L., ‘Humanitarian law and counterterrorist force’ (2003) 14(2) European Journal of International Law Oxford University Press.

Okimoto, Keiichiro, ‘The Cumulative Requirements of Jus ad Bellum and Jus in Bello in the Context of Self-Defense’ (2012) 11(1) Chinese journal of International Law.

Roth, Kenneth, ‘Was the Iraq War a Humanitarian Intervention?’ (2006) 5(2) Journal of Military Ethics.

Rouillard, Louse Philippe, ‘The Caroline Case: Anticipatory Self-Defence in Contemporary International Law’ (2004) 1 (2) Miskolc Journal of International Law 104-120.

Simma, Bruno, ‘NATO, the UN and the Use of Force’(1999) 10 The European Journal of International Law.

Sivakumaran, Sandesh, ‘Re-envisaging the international law of internal armed conflict’(2011) 12(1) European Journal of International Law, Oxford University Press.

Vockel, Gabriel, ‘Humanitarian intervention in cases of overwhelming humanitarian necessity’(2005) 10(1) Coventry Law Journal.

Statute And Case Law

Advisory Opinion of the International Court of Justice 1996.

Charter of the United Nations 1945.

Common Article 3 of the Geneva Convention 1949.

Rome Statute of the International Criminal Court 1998.

US Military Tribunal in Nuremberg, List and Others (Hostage Case), Judgment, 8 Law Reports of Trials of War Criminals (1949).

Internet Resources

International Court of Justice, Advisory Opinion (2004) <>

United Nations Mechanism for International Criminal Tribunals Legacy, International Criminal Tribunal for Rwanda <>

United Nations, International Criminal Tribunal for former Yugoslavia <>

United Nations, Security Council Fails to Adopt Draft Resolution on Syria That Would Have Threatened Sanctions, Due to Negative Votes of China, Russian Federation (19 July 2012) <>




How to Cite

Rahman, Md Mustakimur, and Mohsina Hossain Tushi. 2019. “An Assessment of the ’Lawfulness’ of Use of Force As Dispute Settlement Method”. Brawijaya Law Journal 6 (1):38-49.