Skip to main content

The Prohibition of the Use of Force as Jus Cogens: Explaining Apparent Derogations

  • Sondre Torp Helmersen

The prohibition of the use of force is generally considered to be a jus cogens rule, which would mean that it does not permit any derogation, neither by consent nor by treaty. Yet multiple apparent derogations from the prohibition exist: Articles 42 and 51 of the UN Charter, Articles 105, 110 and 111 of the UNCLOS, and other treaties all permit uses of force, and ad hoc consent to use force is common. This article explains how this can be legally valid, by reference to the distinctions between derogations, exceptions, and scope.

Hide All

* PhD Research Fellow, University of Oslo, Department of Public and International Law, Faculty of Law. E-mail: . I thank Erlend Leonhardsen, Professor Ulf Linderfalk, and anonymous reviewers for invaluable feedback on earlier drafts of the article.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Netherlands International Law Review
  • ISSN: 0165-070X
  • EISSN: 1741-6191
  • URL: /core/journals/netherlands-international-law-review
Please enter your name
Please enter a valid email address
Who would you like to send this to? *



Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 198 *
Loading metrics...

Abstract views

Total abstract views: 1597 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 20th July 2018. This data will be updated every 24 hours.