1. Report by the Military Staff Committee to the Security Council on the General Principles Governing the Organization of the Armed Forces Made Available to the Security Council by Member Nations of the United Nations, April 30,1947

1947 ◽  
Vol 1 (3) ◽  
pp. 561-574
2012 ◽  
Vol 43 (1) ◽  
pp. 77 ◽  
Author(s):  
Roger S Clark

George Barton wrote his PhD thesis at Cambridge on "Jurisdiction over Visiting Forces". He published three spinoffs from the thesis in the British Yearbook of International Law.  In all of these – each a tour de force in examining elusive and arcane State practice – he was at great pains to deny various supposed customary rules recognising immunity of foreign armed forces in the courts of a State in which they were visiting by consent. He worked in the United Nations Secretariat in New York just as the practice of United Nations peacekeeping began to develop. In this tribute, I try to imagine that he returned to the subject some 60 years later. Affecting, as best I can, the style of Dr Barton circa 1950, I offer some guesses as to how he might assess six decades of developments in law and practice in the multilateral context in which the United Nations, and especially the Secretariat and the Security Council, have been major actors.


1948 ◽  
Vol 2 (1) ◽  
pp. 80-98

On July 31,1947, the Security Council began its discussion of the Indonesia question as the result of communications from two Members of the United Nations. India, under Article 35(1) of the Charter, contended that the “large scali military action against the Indonesian people” initiated by the Dutch endangered the maintenance of international peace under Article 34. Australia stated that the hostilities between the armed forces “of the Netherlands and of the Republic of Indonesia” constituted a breach of the peace under Article 39 and suggested that the Council should call upon the two governments to cease hostilities and commence arbitration in accordance with Article 17 of the Linggadjati Agreement signed by the two parties on March 25, 1947.


1991 ◽  
Vol 85 (3) ◽  
pp. 516-535 ◽  
Author(s):  
Burns H. Weston

In his recent book The Power of Legitimacy Among Nations, Thomas Franck defines “legitimacy” as it applies to the rules applicable among states. “Legitimacy,” he writes, “is a property of a rule or rule-making institution which itself exerts a pull toward compliance on those addressed normatively because those addressed believe that the rule or institution has come into being and operates in accordance with generally accepted principles of right process.In adopting Resolution 678 of November 29, 1990, implicitly authorizing the use of force against Iraq in response to Iraq’s August 2, 1990 invasion and subsequent occupation of Kuwait, the United Nations Security Council made light of fundamental UN Charter precepts and thereby flirted precariously with “generally accepted principles of right process.” It eschewed direct UN responsibility and accountability for the military force that ultimately was deployed, favoring, instead, a delegated, essentially unilateralist determination and orchestration of world policy, coordinated and controlled almost exclusively by the United States. And, in so doing, it encouraged a too-hasty retreat from the preeminently peaceful and humanitarian purposes and principles of the United Nations. As a consequence, it set a dubious precedent, both for the United Nations as it stands today and for the “new world order” that is claimed for tomorrow.


1991 ◽  
Vol 85 (1) ◽  
pp. 74-88 ◽  
Author(s):  
Michael J. Glennon

Does Security Council Resolution 678, read in conjunction with the United Nations Charter, confer authority on the President under United States domestic law to introduce the United States Armed Forces into hostilities? The operative part of the resolution provides that the Security Council:1.Demands that Iraq comply fully with resolution 660(1990) and all subsequent relevant resolutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwill, to do so;2.Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;3.Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution;4.Requests the States concerned to keep the Security Council regularly informed on the progress of actions undertaken pursuant to paragraphs 2 and 3 of the present resolution;5.Decides to remain seized of the matter.


2009 ◽  
Vol 58 (2) ◽  
pp. 267-296 ◽  
Author(s):  
Marko Milanović ◽  
Tatjana Papić

AbstractThis article examines the European Court of Human Rights's encounter with general international law in its Behrami and Saramati admissibility decision, where it held that the actions of the armed forces of States acting pursuant to UN Security Council authorizations are attributable not to the States themselves, but to the United Nations. The article will try to demonstrate that the Court's analysis is entirely at odds with the established rules of responsibility in international law, and is equally dubious as a matter of policy. Indeed, the article will show that the Court's decision can be only be explained by its reluctance to decide on questions of State jurisdiction and norm conflict, the latter issue becoming the clearest when Behrami is compared to the Al-Jedda judgment of the House of Lords.


2021 ◽  
pp. 93-97
Author(s):  
A. Isaenko

In No. 5/2020 of our magazine, dedicated to the 75th anniversary of the creation of the United Nations, it was mentioned that representatives of the military diplomacy took part in the development of the UN Charter: Rear Admiral Rodionov K. K. and Lieutenant General Slavin N. V. This article refers to another military diplomat who was also part of the Soviet delegation to the San Francisco Conference and actively participated in the preparation of the most important UN document, Lieutenant General Vasiliev A. F., an offi cer of the General Staff of the Armed Forces of the USSR.


Author(s):  
Pablo Castillo Díaz

Since 2000, the United Nations Security Council has adopted eight resolutions on the protection and empowerment of women in conflict situations. Increasing the representation of women in peacekeeping, and particularly among uniformed personnel, is one of the most repeated goals of these resolutions. However, only three percent of military personnel in peacekeeping operations are women and this percentage has barely budged in recent years. This lack of progress in UN missions has coincided with a period of historically significant advances in the integration of women in national armed forces, a time in which the mandates and design of peacekeeping operations more directly and explicitly called for the participation of women, and a growing perception among gender equality advocates that the presence of female troops in peace operations was being given too much emphasis, rather than too little. This article outlines the parameters of this debate in the United Nations over the last few years, and attempts to explain these apparent contradictions. Po letu 2000 je Varnostni svet Organizacije združenih narodov sprejel osem resolucij o zaščiti in opolnomočenju žensk v konfliktnih situacijah. Med glavnimi cilji teh resolucij je povečati zastopanost žensk v mirovnih operacijah, še zlasti med uniformiranim osebjem. Med vojaškimi pripadniki v mirovnih operacijah je le tri odstotke žensk, ta odstotek se je v zadnjih letih komaj kaj spremenil. Slab napredek v misijah OZN je sovpadal z obdobjem zgodovinskega napredka pri vključevanju žensk v nacionalne oborožene sile. V tem obdobju sta se zaradi mandatov in oblike mirovnih operacij pojavila bolj ali manj neposredna in odkrita potreba po sodelovanju žensk ter vse večje spoznanje zagovornikov enakosti spolov, da se sodelovanju pripadnic na mirovnih misijah posveča prej preveč kot premalo pozornosti. V članku so predstavljeni argumenti razprave, ki v Združenih narodih na to temo poteka zadnjih nekaj let, ter poskusi razlage teh navideznih protislovij.


1947 ◽  
Vol 1 (2) ◽  
pp. 409-410

The Security Council, having accepted the resolution of the General Assembly of 14 December 1946 and recognizing that the general regulation and reduction of irmaments and armed forces constitute a most important measure for strengthening international peace and security, and that the implementationof the resolution of the General Assembly on this subject is one of the most urgent and important tasks before the Security Council,RESOLVES:1. to work out the practical measures for giving effect to the resolutions of the General Assembly on 14 December 1946 concerning, on the one hand, the general regulation and reduction of armaments and armed forces, and the establishment of international control to bring about the reduction of armaments and armed forces and, on the other hand, information concerning the armed forces of the United Nations;2. to consider as soon as possible the report submitted by the Atomic Energy Commission and to take suitable decisions in order to facilitate its work;


1996 ◽  
Vol 7 (6) ◽  
pp. 105-107

The Security Council reiterates its grave concern about the military confrontation in Afghanistan. The Security Council is also concerned at the violation of the United Nations premises in Kabul and expresses its dismay at the brutal execution by the Taliban of the former President of Afghanistan, Najibullah, and others who had taken refuge in these premises.


2013 ◽  
Vol 20 ◽  
pp. 73-80
Author(s):  
Adelaida Rivera

On March 17th 2011, the United Nations Security Council approved the Resolution 1973 which authorized the use of force in Libya in order to protect civilians from the attacks performed by the state armed forces. The military action by NATO in Libya has resulted in diverse and divided opinions. The recourse of Responsibility to protect appeared later as a measure intended to be implemented in the ongoing conflict in Syria, but after two failed resolutions, it became clear that some UN Security Council members are not willing to repeat the Libyan scenario. This text aims to examine some basic notions of the R2P concept, its application in Libya and the implications of the results after the Libyan case on its possible application in Syria. Should the discussed objectives behind the application of Responsibility to Protect in the Libyan case and its results be determinant on the decision whether this doctrine can be applied in Syria? Is it possible that the mistakes committed in Libya, the atrocities now experienced in Syria and the non-response by the international community could mark the end of the whole concept of Responsibility to Protect? These questions are intended to be discussed in this paper.


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