International Law, Force, and the Right to Self-Determination

The Prohibition of Force under UN Charter Article 2(4)

Article 2(4) of the UN Charter prohibits the use of force by states in international relations. This prohibition is qualified in scope: it affects only the obligations of States, and the use of force must be incompatible with the purposes of the United Nations.

Consequently, colonial powers cannot use force against colonial peoples to prevent the exercise of self-determination.

Compatibility with Self-Determination Struggles

It is possible to interpret the Charter to make Article 2(4) compatible with the legitimate struggle of colonial peoples for independence. This compatibility arises because the struggle for independence is not incompatible with the purposes of the Charter, and the right holders are peoples, not states.

The Rise of National Liberation Movements (NLMs)

The resistance of certain powers during the decolonization process and the eventual acceptance of the right to self-determination stimulated the birth of National Liberation Movements (NLMs). These movements sought to impose the self-determination of peoples by force, which often led to a repressive reaction from the colonizing States.

Resolution 2625 and State Assistance

Resolution 2625 (XXV) explicitly prohibits the use of force by colonial powers aimed at preventing the exercise of self-determination by peoples. Furthermore, states are prohibited from aiding or assisting the aggressor state.

According to an opinion regarding Namibia, Resolution 2625 allows states to help peoples under colonial domination to self-defense against force measures adopted by colonial powers to prevent the free exercise of self-determination. This support could be:

• Political
• Economic
• Military

Such collaboration with National Liberation Movements is not considered a violation of the principle of the prohibition of interference in the internal affairs of other States, and was therefore protected under international law.

Legal Status of National Liberation Movements

National Liberation Movements are groups formed by the population of a territory under colonial rule, designed to exercise the right to self-determination or independence for that territory. They have been recognized by the international community (IC).

While NLMs are not covered by the UN Charter itself, their existence in international law requires recognition by the international community. This recognition is essential for them to acquire international subjectivity (e.g., the PLO, which has observer status at the United Nations). Their personality is limited, allowing them only to exercise the right to self-determination.

International law considers conflicts between colonial powers and National Liberation Movements as international conflicts. These movements benefit from the provisions of international treaties on Human Rights, which are often more beneficial than non-international humanitarian standards.