Concept and Significance of the Law of Peace
The law of peace is a normative subfield of international law that governs the legal foundations and framework conditions for the preservation, restoration, and safeguarding of peace among states. It includes provisions for the prevention of wars and armed conflicts, the limitation of the use of force, and international cooperation for maintaining peace. The law of peace consists of a multitude of international treaties, principles of international law, and customary legal norms.
Historical Development of the Law of Peace
Beginnings to the 19th Century
Even in antiquity and the Middle Ages, there were approaches to rules limiting warfare, such as the concept of the “just war” (bellum iustum). A first peak in development was reached with the Peace of Westphalia in 1648, which established the principle of state sovereignty and thus laid the foundation for an interstate order of peace.
In the 19th century, the Hague Peace Conferences (1899 and 1907) significantly contributed to the codification of rules for the prevention of war and the protection of civilians in armed conflict.
20th Century and the Establishment of the United Nations
With the Covenant of the League of Nations after World War I, an international agreement for the first time stipulated the peaceful settlement of disputes and collective security for the maintenance of peace as objectives.
After the Second World War, the establishment of the United Nations (UN) and the adoption of the Charter of the United Nations in 1945 marked a turning point: henceforth, renunciation of force and the peaceful resolution of international disputes became central principles of the international system.
Key Legal Sources of the Law of Peace
The Charter of the United Nations
The Charter of the United Nations, with its Articles 1, 2, 33 ff., and 39 ff., forms the core of modern law of peace. In particular, Article 2(4) largely prohibits the threat or use of force between states, subject to a few narrowly construed exceptions.
Other International Agreements
- The Geneva Conventions and Additional Protocols
- The Hague Conventions
- Regional agreements such as the Treaty on the Non-Proliferation of Nuclear Weapons or EU-specific treaties (e.g., Treaty on European Union, Art. 42 TEU)
Customary Law and Generally Recognized Principles
Many rules of the law of peace, such as the prohibition of the use of force and the prohibition of intervention, are also considered customary international law or belong to the fundamental peremptory norms (jus cogens).
Fundamental Principles of the Law of Peace
Prohibition on the Use of Force
The comprehensive prohibition on the use of force is the central commandment of the law of peace. According to Article 2(4) of the UN Charter, states are generally prohibited from using force or threatening to use force in their international relations. There are only the following recognized exceptions:
Collective Security Measures
Pursuant to Chapter VII of the UN Charter, the Security Council may, in the event of a threat or breach of the peace, decide on coercive measures, which may include the use of armed force.
Right of Self-Defense
Article 51 of the UN Charter recognizes the individual and collective right of self-defense if an armed attack occurs, until the Security Council has taken measures.
Other Exceptions and Controversies
Humanitarian interventions and the responsibility to protect (Responsibility to Protect, R2P) are disputed and not uniformly recognized exceptions by the international community.
Peaceful Settlement of Disputes
The obligation to peacefully settle disputes is based on Article 2(3) and Chapter VI of the UN Charter. Preferably, international differences should be resolved by negotiation, mediation, conciliation, arbitration, or international courts.
Prohibition of Intervention and Sovereignty
Another central element is the prohibition of intervention (Article 2(7) UN Charter): The internal and external sovereignty of a state must not be disregarded by other states or organizations. Only interventions based on a Security Council resolution or at the invitation of the concerned state are legally permissible.
Prohibition of the Threat of Force
Not only the use but also the threat of force against the territorial integrity or political independence of a state is prohibited.
Institutions for the Safeguarding of Peace
United Nations
The Security Council is the central decision-making body in cases of threats to peace. It can adopt binding measures to secure and restore world peace.
International Court of Justice
The International Court of Justice decides on disputes under international law between states, including in the area of the law of peace.
Regional Organizations
Organizations such as the European Union, the African Union, or the Organization of American States have specific mechanisms for conflict prevention and resolution.
Law of Peace and National Law
Many states have incorporated the international law norms of the law of peace into their constitutions and laws. In Germany, for example, the primacy of peace is enshrined in the Basic Law (e.g., Article 26 GG and military constitution).
Law of Peace in Relation to International Humanitarian Law
The law of peace is closely linked to international humanitarian law, the so-called laws of war. While the law of peace regulates the lawful management of breaches of the peace as well as the prerequisites for the use of force, the norms of international humanitarian law determine how protected persons must be treated in the event of armed conflict.
Challenges and Current Developments
Despite its high level of regulation, the law of peace faces current challenges, such as asymmetric conflicts, international terrorism, cyberattacks, or the use of autonomous weapon systems. In these areas, there is considerable need for adaptation to the changed security policy conditions.
Significance of the Law of Peace for International Legal Order
The law of peace forms the foundation for international legal order and is thus a prerequisite for stability, security, and development in the community of international law. It establishes binding standards of conduct whose observance is intended to enable lasting peaceful relations between states.
Reference Literature:
- Bruno Simma (ed.): Charter of the United Nations – Commentary.
- Knut Ipsen: International Law.
- Wolff Heintschel von Heinegg: The Prohibition of the Use of Force in the UN Charter.
- German Federal Agency for Civic Education: Dossier on the Law of Peace.
Further Legal Sources:
- UN Charter (https://www.un.org/en/about-us/un-charter)
- Hague Conventions (https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByCountry.xsp?xp_countrySelected=NL)
- Geneva Conventions (https://www.icrc.org/de/document/genfer-abkommen-von-1949-zu-kriegsopfern-und-eine-liste-der-vertragspartnerstaaten)
- Articles 26 and 87a-c of the Basic Law (https://www.gesetze-im-internet.de/gg/index.html)
Frequently Asked Questions
Which legal foundations govern the law of peace in the international context?
The law of peace in the international context is mainly based on the Charter of the United Nations (UN Charter) of 1945, particularly the prohibition of the use of force in Article 2(4), which prohibits the threat or use of force in international relations. There are only a few exceptions: the individual and collective right of self-defense under Article 51 of the UN Charter, as well as measures taken pursuant to a mandate of the Security Council (Chapter VII of the UN Charter). Other central instruments are international treaties such as the Briand-Kellogg Pact of 1928, the Geneva Conventions, and specific disarmament and arms control treaties (e.g., NPT, Chemical Weapons Convention). The law of peace is also closely linked to international humanitarian law (the law of war), which in wartime establishes protective provisions for civilians and combatants. National constitutions, such as the Basic Law of the Federal Republic of Germany, provide the law of peace with their own provisions, for instance, in Article 26 GG (prohibition of wars of aggression). All these regulations are aimed at securing the peaceful settlement of international disputes and ensuring collective security.
How is the prohibition of the use of force enforced according to the law of peace?
The enforcement of the prohibition of the use of force lies primarily with international organizations, in particular the United Nations. The UN Security Council, as the executive body under Chapter VII of the UN Charter, has the authority to impose binding measures in the event of threats or breaches of the peace, which may involve peaceful means (e.g., sanctions) or, as a last resort, authorize military action. Under international law, the prohibition of the use of force is directly binding on states. At the national level, certain international legal norms can be directly incorporated into national law and invoke both civil and criminal consequences, such as the national prohibition of preparing a war of aggression. At the individual level, the International Criminal Court (ICC) is authorized to adjudicate on international criminal law offenses in connection with breaches of the peace, including war crimes or the crime of aggression. However, enforcement largely depends on the cooperation and political will of states and therefore often shows practical deficits.
What role do UN Security Council resolutions play in the context of the law of peace?
UN Security Council resolutions are of central importance to the law of peace, especially when adopted on the basis of Chapter VII of the UN Charter. They are generally binding on UN member states under international law, as they take precedence over other obligations (Art. 103 UN Charter). Such resolutions may impose economic and diplomatic sanctions, order mediations or investigations, or even legitimize the use of military force. The Security Council can set very specific requirements, such as ceasefires, troop withdrawals, or international observer missions. However, the effectiveness of these resolutions depends on the political consensus in the Security Council, in particular on the consent of the five permanent members (veto power). The binding effect and enforcement mechanisms make resolutions an effective, though not always consistently applied, instrument for maintaining peace and upholding the law of peace.
When and how may the right of self-defense be exercised under the law of peace?
The right of self-defense is governed by Article 51 of the UN Charter and constitutes one of the few exceptions to the general prohibition on the use of force. This right may be exercised in the event of an armed attack against a member state, where the attack must have actually occurred (preventive self-defense is legally highly controversial and is rejected by the majority of legal scholars and the international community). The exercise of self-defense must comply with the principles of proportionality and necessity and must be reported to the Security Council without delay. The right of self-defense applies both individually and collectively, i.e., third states may, within the framework of mutual assistance agreements, assist a state that has been attacked. The right of self-defense expires once the Security Council takes measures to maintain peace. Abuse and expansion to so-called preventive wars are prohibited under the law of peace.
What is the significance of regional alliances and agreements in the context of the law of peace?
In addition to the universal rules of international law, regional alliances such as NATO, the African Union, or the European Union play an important role in the law of peace. These organizations often serve collective security and enable their members to respond jointly to military threats. However, their statutes and actions must not contradict the law of peace and the prohibition on the use of force under the UN Charter. Interventions within the framework of collective defense are thus generally only legitimate if they are consistent with Article 51 or conducted under a Security Council mandate. Regional agreements may contain provisions for dispute resolution, mediation, or peacekeeping, and thus have a preventive and stabilizing function within their geographical area of influence.
How does the law of peace differ from classical laws of war?
The law of peace (jus contra bellum) concerns the legal regulations for preventing, restricting, or ending armed conflicts between states and emphasizes the prohibition on the use of force. By contrast, classical laws of war, or international humanitarian law (jus in bello), deal with the rules that apply in the event of an ongoing armed conflict to the belligerents and the protection of civilians and combatants. While the law of peace regulates the threshold to conflict and its admissibility, the laws of war prescribe conduct during hostilities. Both areas of law are interconnected, as violations of the law of peace often also result in serious breaches of the laws of war.
