The impact of (the absence of) recognition on the use of force

Abstract

The impact of (the absence of) recognition of an entity as a State on the application of the prohibition to use force relates to the personal scope of application of the prohibition to use force. So far, it has not been analysed in-depth, many writings focusing rather on the possibility to invoke self-defence against non-state actors. Referring to the explanatory note to article 1 of resolution 3314 as interpreted by existing practice (notably the Russian-Ukrainian War), the authors argue against the possibility to invoke any (absence) recognition as a valid justification to use of force.