The prospect of international intervention legitimacy: case study of 2011 libyan armed conflict

3.2.2.2.2.4. The Prohibition of Use of Force under Jurisprudential Provision

Finally, it is essential to recall that the ICJ, in its ruling on the case of the "Corfu channels"^176(*), condemned the United Kingdom for violation of the rule of non-use of force emphasizing the importance of it in international relations. Similarly, the ICJ ruled in general on the possible existence of a practice favorable to the right of intervention of humanity in the case of military and paramilitary activities in the Nicaragua and against this country^177(*). In this case, the Court considers that the United States did not justify their conduct by taking argument of a new right to intervention or a new exception to the principle prohibiting the use of force. The Court in the same case goes further, since it examines the humanitarian reasons cited by the United States. The Court considers that force is not the appropriate method to verify and ensure compliance with human rights and concludes that the grounds from the preservation of human rights in the Nicaragua cannot legally justify armed intervention by the United States.^178(*)

It is conclude this analysis by referring to the jurisprudence of the ICJ, which in its Consultative Advisory relating to certain expenses of the United Nations^179(*) states that it is necessary to grant primacy to international peace and security since the other objectives of the organization can be achieved only if peace and security are ensured.

* ¹⁷⁶ ICJ, bottom, 9 April 1949, case of the Carrefour channels, Rec.1949, p. 4.

* ¹⁷⁷ ICJ, A.C., June 27, 1986, case concerning US military and paramilitary activities in the Nicaragua, Rec.1986, P.14.

* ¹⁷⁸ Bellamy, A. J., op. cit., p. 153.

* ¹⁷⁹ ICJ,.A.C, 20 July 1962, case concerning certain expenses of the United Nations, Rec. 1962, p.151.