Date of Award

2026

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Andrew Conteh

Second Advisor

Christian Nwachukwu Okeke

Third Advisor

Remigius Chibueze

Abstract

The struggles and challenges of maintaining international/domestic peace and security in our contemporary world have remained one of the most studied and discussed topics of International Law. From the earliest time of human existence, humanity has always prioritized self-protection and preservation. This work seeks to review the principles guiding the Use of Military Force in our contemporary world and its enforcement mechanisms in relation to the United Nations and how it has managed challenges and threats of war facing our world since its formation in 1945. Writing on this topic while Israel/Palestine, Russia/Ukraine, Sudan, Syria, the Sahel region of Africa, United States/Venezuela, Israel-United States/Iran, and many other nations are being ravaged by war and the seemingly helplessness of the leadership of the United Nations in arriving at any meaningful resolution that can restore lasting peace and bring an immediate ceasefire, creates more dilemmas as I proceed.

It is important to note that the expansion and extension of empires and kingdoms or their borders, in whatever disguise or form, have always resulted in an increase in armed conflict among the peoples. Attempts to bring weaker nations into the ‘protection’ of the stronger nations, either by religious or cultural pretext, have always been resisted until conquered. The Greeks, Romans, Ottomans, British, Portuguese, Spaniards, Germans, French, Arabs, Americans, Chinese, Russians, etc., have all conquered or stretched their borders only by the use of military force. Freedom, independence, and self-determination are some of the inalienable rights that no one gives up without struggle. When people tend to willingly accept colonization, exploitation, or domination by other kingdoms, there is always the element of fear that threatens self-preservation, which leads to surrender.

While the formation of the United Nations in 1945 prioritized equality of Nation-States, whether weak or strong, and restricted acts of aggression or invasion, it, unfortunately, created inequality through the veto power of the P5. This undemocratic superpower, restricted in the hands of a few, meant to protect the weak, unfortunately, led to some unguided and arbitrary invasion and unchecked acts of aggression by the superpowers or their allies. The utter lack of consequences, because of veto protection like the Russian/Ukrainian, United States/Iran, and Israeli/Palestinian wars going on, against a resolution of the Security Council, is one of the major reasons we have wars in our modern Rmes. Both the United States, Russia, and China have relied on the veto for their excesses and in the protection of their allies.

These raise fundamental questions: Why is the global legal system failing to restrain the use of force? Why do we still have these wars despite the United Nations prohibitions of aggression and wars in the United Nations Charter Article 2(4) of 1945? What has broken down? And more importantly, what can be done to strengthen it? What does international law still have the power to do to control and regulate the conduct of war? This work is centered on understanding and interpreting the United Nations Article 2(4) and its applications in our modern times. It will also seek to lend a voice to the self-determination and preservation struggles among the indigenous peoples, especially in Africa.

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