Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
The UN Charter's prohibition of member states of the UN attacking other UN member states is central to the purpose for which the UN was founded in the wake of the destruction of World War II: to prevent war. This overriding concern is also reflected in the Nuremberg Trials' concept of a crime against peace "starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties or agreements" (crime against peace), which was held to be the crime that makes all war crimes possible.
Chapter VII also gives the Military Staff Committee responsibility for strategic coordination of forces placed at the disposal of the UN Security Council. It is made up of the chiefs of staff of the five permanent members of the Council. Otherwise, that chapter is used when the UNSC is authorizing either a member state or a coalition of the willing to act nationally or through regional organizations to address this threat – if necessary with all necessary measures, including the use of outright force. The phrase ‘all necessary measures’ is to be taken literally. Any military action performed through land, air, and sea forces is specifically allowed (UN Charter Article 42). Such action could entail troop deployment, the enforcement of a no-fly-zone, even the use of aerial bombardment. [1]
The United Nations was established after World War II and the ultimate failure of diplomacy despite the existence of the League of Nations in the years between the First and Second World War. The Security Council was thus granted broad powers through Chapter VII as a reaction to the failure of the League. [2] These broad powers allow it to enjoy greater power than any other international organization in history. It can be argued that the strong executive powers granted to it give it the role of 'executive of the international community' [3] or even of an 'international government'. [2] [4]
The covenant of the League of Nations provided, for the first time in history, enforcement of international responsibilities (i.e. adhering to the Covenant of the League of Nations) through economic and military sanctions. Member states were also obliged, even without prior decision by the council to take action against states that acted unlawfully in the eyes of the League's Covenant. [5] This meant that the peace process was largely dependent on the willingness of member states, because the Covenant of the League of Nations did not provide binding decisions; The Council of the League was only responsible for recommending military force. As well as this, Article 11 paragraph 1 of the Covenant states:
Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations.
This can be seen as an authorization of the use of force and other enforcement measures, however, states repeatedly insisted that this did not make decisions by the League binding. [2] [6]
This resulted in an unprecedented will by both the powers at the Dumbarton Oaks Conference and the states present at the San Francisco Conference to submit to a central organ like that of the Security Council. Despite long debate over whether the General Assembly should also have power over decisions made by the Security Council, it was eventually decided by a large majority vote [7] that the Security Council should maintain its executive power because, as the major powers emphasized, a strong executive organ would be needed for the maintenance of world peace. This emphasis was advocated in particular by the Chinese representative, recalling the powerlessness of the League during the Manchuria Crisis. [2] [8]
Articles 41 and 42 jointly establish the right of the Security Council to arrange for the use of both non-armed (Article 41) and armed (Article 42) measures to put its decisions into effect.
Article 41:
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42:
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
Most Chapter VII resolutions (1) determine the existence of a threat to the peace, a breach of the peace, or an act of aggression in accordance with Article 39, and (2) make a decision explicitly under Chapter VII. However, not all resolutions are that explicit, there is disagreement about the Chapter VII status of a small number of resolutions. As a reaction to this ambiguity, a formal definition of Chapter VII resolutions has recently been proposed:
A Security Council Resolution is considered to be 'a Chapter VII resolution' if it makes an explicit determination that the situation under consideration constitutes a threat to the peace, a breach of the peace, or an act of aggression, and/or explicitly or implicitly states that the Council is acting under Chapter VII in the adoption of some or all operative paragraphs. [9]
Chapter VII resolutions are very rarely isolated measures. Often the first response to a crisis is a resolution demanding the crisis be ended. This is only later followed by an actual Chapter VII resolution detailing the measures required to secure compliance with the first resolution. Sometimes dozens of resolutions are passed in subsequent years to modify and extend the mandate of the first Chapter VII resolution as the situation evolves. [10]
The list of Chapter VII interventions includes:
See also Timeline of United Nations peacekeeping missions, some of which were created under the authority of Chapter VI rather than VII.
Article 51 provides for the right of countries to engage in self-defence, including collective self-defence, against an armed attack [11] [12] and was included during the San Francisco Conference in 1945. [12]
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
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According to a study by researchers at Harvard Law School, between 1945 and 2018, UN Member States submitted 433 communications to the Security Council of measures taken in purported exercise of the right of self-defense. [13]
This article was the impetus for much international pact-making and has been cited by the United States as support for the Nicaragua case, the 2003 invasion of Iraq, and the legality of the Vietnam War, as well as by many other countries. According to that argument, "although South Vietnam is not an independent sovereign State or a member of the United Nations, it nevertheless enjoys the right of self-defense, and the United States is entitled to participate in its collective defense". [14] Another aspect is if the right of self-defense still exists if the UN Security Council has taken measures to deal with the conflict. [15] There are contradictory opinions whether this right still exists once the Security Council has taken action. [15] Article 51 has been described as difficult to adjudicate with any certainty in real-life. [16]
In a letter to the UN Security Council requesting military intervention in Yemen, Yemen's President Hadi invoked Article 51. [17]
The United States used Article 51 to justify the assassination of Qasem Soleimani and U.S. airstrikes in Iraq and Syria against an Iran-backed militia group. [18]
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers as outlined in the United Nations Charter include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to issue binding resolutions on member states.
The Iraq disarmament crisis was claimed as one of primary issues that led to the multinational invasion of Iraq on 20 March 2003.
The Charter of the United Nations (UN) is the foundational treaty of the United Nations, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
The legitimacy under international law of the 1999 NATO bombing of the Federal Republic of Yugoslavia has been questioned. The UN Charter is the foundational legal document of the United Nations (UN) and is the cornerstone of the public international law governing the use of force between States. NATO members are also subject to the North Atlantic Treaty.
A United Nations Security Council resolution (UNSCR) is a United Nations resolution adopted by the fifteen members of the Security Council (UNSC); the United Nations (UN) body charged with "primary responsibility for the maintenance of international peace and security".
A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act by an authorized party of a national government, in order to create a state of war between two or more states.
United Nations Security Council resolution 794, adopted unanimously on 3 December 1992, after reaffirming resolutions 733 (1992), 746 (1992), 751 (1992), 767 (1992) and 775 (1992), the Council "[expressed] grave alarm" regarding the situation in Somalia and authorised the creation of the Unified Task Force (UNITAF) to create a "secure environment for humanitarian relief operations in Somalia" in order to provide "essential for the survival of the civilian population". The current resolution determined that "the magnitude of human tragedy caused by the conflict in Somalia, further exacerbated by the obstacles being created to the distribution of humanitarian assistance [constitutes] a threat to international peace and security".
United Nations Security Council Resolution 478, adopted on 20 August 1980, is one of two General Assembly resolutions followed by seven UNSC resolutions condemning Israel's attempted annexation of East Jerusalem. In particular, UNSC res 478 notes Israel's non-compliance with United Nations Security Council Resolution 476 and condemned Israel's 1980 Jerusalem Law which declared Jerusalem to be Israel's "complete and united" capital, as a violation of international law. The resolution states that the council will not recognize this law, and calls on member states to accept the decision of the council. This resolution also calls upon member states to withdraw their diplomatic missions from the city.
Hugo Grotius, the 17th century jurist and father of public international law, stated in his 1625 magnum opus The Law of War and Peace that "Most Men assign three Just Causes of War, Defence, the Recovery of what's our own, and Punishment."
A defensive war is one of the causes that justify war by the criteria of the Just War tradition. It means a war where at least one nation is mainly trying to defend itself from another, as opposed to a war where both sides are trying to invade and conquer each other.
Collective security can be understood as a security arrangement, political, regional, or global, in which each state in the system accepts that the security of one is the concern of all, and therefore commits to a collective response to threats to, and breaches of peace. Collective security is more ambitious than systems of alliance security or collective defense in that it seeks to encompass the totality of states within a region or indeed globally, and to address a wide range of possible threats. While collective security is an idea with a long history, its implementation in practice has proved problematic. Several prerequisites have to be met for it to have a chance of working. It is the theory or practice of states pledging to defend one another in order to deter aggression or to target a transgressor if international order has been breached.
The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
A United Nations resolution is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly.
The United Nations Security Council veto power is the power of the five permanent members of the UN Security Council to veto any "substantive" resolution. They also happen to be the nuclear-weapon states (NWS) under the terms of the Treaty on the Non-Proliferation of Nuclear Weapons. However, a permanent member's abstention or absence does not prevent a draft resolution from being adopted. This veto power does not apply to "procedural" votes, as determined by the permanent members themselves. A permanent member can also block the selection of a Secretary-General, although a formal veto is unnecessary since the vote is taken behind closed doors.
The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4):
All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.
The three-line United Nations Security Council Resolution 338, adopted on October 22, 1973, called for a ceasefire in the Yom Kippur War in accordance with a joint proposal by the United States and the Soviet Union. The resolution stipulated a cease fire to take effect within 12 hours of the adoption of the resolution. The "appropriate auspices" was interpreted to mean American or Soviet rather than UN auspices. This third clause helped to establish the framework for the Geneva Conference (1973) held in December 1973.
Chapter I of the United Nations Charter lays out the purposes and principles of the United Nations organization. These principles include the equality and self-determination of nations, respect of human rights and fundamental freedoms and the obligation of member countries to obey the Charter, to cooperate with the UN Security Council and to use peaceful means to resolve conflicts. These "purposes and principles" reflect a premise that the effectiveness of the United Nations would be enhanced with broad guidelines to guide the actions of its Organisations and member states. However, some members were concerned that these proposals granted what they considered overly broad discretionary powers for the organs of the United Nations in the Dumbarton Oaks Conference proposals. And the adopted purposes and principles have been seen as reflecting the compromise achieved.
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. This chapter authorizes the Security Council to issue recommendations but does not give it power to make binding resolutions; those provisions are contained in Chapter VII. Chapter VI is analogous to Articles 13-15 of the Covenant of the League of Nations which provide for arbitration and for submission of matters to the Council that are not submitted to arbitration. United Nations Security Council Resolution 47 and United Nations Security Council Resolution 242 are two examples of Chapter VI resolutions which remain unimplemented.
Chapter V of the United Nations Charter contains provisions establishing the United Nations Security Council.
United Nations Security Council resolution 669, adopted unanimously on 24 September 1990, after recalling Resolution 661 (1990) and Article 50 of Chapter VII of the United Nations Charter, the council was conscious of the increasing number of requests for assistance have been received under Article 50, relating to international sanctions against Iraq after its invasion of Kuwait.
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