The Prohibition of Force is the First Principle of International Humanitarian Law

Authors

• Mary Ellen O'Connell, Notre Dame Law SchoolFollow

Document Type

Article

Publication Date

2026

Publication Information

70 St. Louis U.L.J. 255 (2026).

Abstract

This article tracks the decline of respect for the prohibition of force, IHL, and human rights law. At the same time, it will clarify the inter-relationship of the three bodies of international law relevant to armed conflict. The article also considers why presidents first began to “abandon peace.” The evidence indicates that a major reason involves the influence of realist political theory. Realism asserts that national security is attained by amassing and demonstrating superior military capability. A president who follows the theory will defy the law against the use of force. Following realism is also at odds with the empirical evidence of what actually produces a more secure world. What works is compliance with the rule of law at home and abroad. National security policy that aligns with international law can succeed and in a way that should even convince realists. Artificial intelligence is a powerful new tool that will help make the case for compliance with the international law of peace.

Recommended Citation

Mary E. O'Connell, The Prohibition of Force is the First Principle of International Humanitarian Law, 70 St. Louis U.L.J. 255 (2026)..
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1972