Settlement by Forceful Means

Sociology | Mercantile Law | International Law | International Relations

Settlement of International Disputes by Forceful Means
The UN was established in order to avert the minor conflicts and disputes among the states which, in the past, often led to the long term destructive wars; along with Security Council to take into account the disputes among states; UN also took care of instituting an international Judicial Organ. But it has also secured other options i.e. diplomatic methods to solve the inter-state frictions, if some state does not want to attend to the jurisdiction of its judicial organ. Peaceful settlement of disputes between the states is the ultimate insurance to avoid another world war thus; international law has proposed comprehensive recommendations in this regard.

When all the means to settle the dispute in a peaceful way have been exhausted then the International Law puts forward the coercive or compulsive modes of pacifying the dispute. In fact, the coercive measures are nothing else but tact to bring the conflicting party towards negotiations.

It is retaliation of a state on the subjects of other state. It includes all the modes which have been permitted under the international law as compulsive modes of settling the disputes.

Curtailing the Privileges & Immunities of Diplomats
Diplomats have been granted unalienable immunities and rights while they reside the foreign states. Now, in case of any dispute; states may revert back these immunities or even may remove embassies from their lands.

Deprivation from Residency Right
The diplomats who have been endowed the right of residence in the other state may be asked to surrender his residence as a tact to force the other state to come to the solution of the dispute.

Inflicting the status of Persona non Grata
Diplomat may also be declared as Persona non Grata in lieu of what he will be asked to go back to his country and that he was no more required here when the dispute is still carrying an impasse.

Embargo or Sanctions
Embargo or sanction cannot be levied without the resolution of UNSC. It can be economic & trade embargo as well as sanctions on social contacting etc. Chapter#7 of the UN charter regulates this mode.

When embargo fails to bring a state to negotiate the issue then blockade is proposed and this is more severe form of embargo. Here, a state is totally landlocked and confined in its activities in the globe.

Use of Force
When none of the modes prove to be panacea to the dispute then at last the option is use of force or military intervention with the permission of UNSC.

It is also retaliation or the forcible seizure of foreign subjects but it has not been permitted under the international law.

For instance the case of US-Iran Hostage Crisis after the 1979’s Revolution.

  1. Embargo unrecognized by UNSC
  2. Illegal Intervention
  3. War (not permitted under Article#24 of the UN Charter)