Analysis Of The Justification Of The Use Of Force Under International Law: Case Study Of Congo

ABSTRACT

The study is an exploratory design which sought to justify the use of force under international law by examining; the law prohibiting the use of force in international law; the permissible use of force under international law and assessing the justification by the state on the right to use force in self defence, in Congo. The study relied on qualitative research through a book review to interpret information through a comparative analysis of the information related to the specific aims of the study. Information was collected from libraries of the Law Development Center, Kampala International University, and Main Makerere University library. The study concludes that, the intention of international law is to preserve humanity in the face of the reality of use of force to limit the action that can be tolerated, reason for which obligations are imposed on attackers and defenders for precaution to reduce the impact of armed conflict. Irrespective of this, Congo had become a battleground without immediate action being drawn from the United Nations and thus operations of the Rwandan army jeopardized rather than secured the Congolese Tutsi. The study recommended need for; states to individually assess risks; Minimum interference in the sovereignty of countries; human life to be treated as an emotional issue thus be given immediate concern irrespective of status of country; incorporation of human rights principle of accountability; Multiple track approach for spill over effects and development of African solutions for African problems.