The Legal Position of the Legality of Resorting to Force in International Law with Emphasis on the Case of Serbia and Montenegro against France (Decision Dated December 15, 2004 of the International Court of Justice)

Kashkuli, Khodadad; Salahi, Sohrab; Parvin, Kheirollah

doi:10.22034/jccj.2023.410134.1332

The Legal Position of the Legality of Resorting to Force in International Law with Emphasis on the Case of Serbia and Montenegro against France (Decision Dated December 15, 2004 of the International Court of Justice)

Document Type : Original Article

Authors

Khodadad Kashkuli ¹

Sohrab Salahi ²

Kheirollah Parvin ³

¹ Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.

² Assistant Professor, Imam Hossein University, Tehran, Iran. (Corresponding Author)

³ Professor, Department of Public Law, University of Tehran, Tehran, Iran.

10.22034/jccj.2023.410134.1332

Abstract

The principle of prohibiting the use of force in international relations has been effective in determining the level of international judicial efficiency in resolving disputes and establishing the position of the law, because the principle of non-use of force is one of the unquestionable principles of the charter and is completely rejected except in exceptional cases and is considered one of the mandatory rules. The present article is written in a descriptive and analytical way with the aim of the legal status of resorting to force in international law, emphasizing the case of Serbia and Montenegro against France (decision dated December 15, 2004 of the International Court of Justice). The findings of the research show: in various meetings of the International Court of Justice, regarding the legality of resorting to force, the issues related to the presence of special judges in the panel of judges, in the stage of handling preliminary objections and the possibility of drafting a bill of mutual response by the parties and some other issues. has been discussed. In this meeting, this decision was met with objections, but based on all the reasons and evidence, the court concludes that it cannot remove the claims about the legality of the use of force from the list or make a decision to close these claims at the threshold of the hearing. At this stage of the proceedings, the court should continue examining the question of its jurisdiction to deal with the case.

Keywords

Legal Position

Legal

Recourse to Force

International Law

Serbia

Montenegro

France