16. Collective Security and the use of Armed Force

2020 ◽  
pp. 335-365
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
Cold War ◽  
Security Council ◽  
Armed Force ◽  
Collective Security ◽  
Enforcement Action ◽  
Peacekeeping Operations ◽  
Un Security Council ◽  
The Right ◽  
The Cold War ◽  
Special Case

The Cold War era prevented the UN Security Council from using most of the powers provided for by the UN Charter, including adopting measures under Chapter VII (the so-called ‘collective security system’ which provides for measures ranging from sanctions to the use of armed force) for events deemed (by the Security Council) to be threats to the peace, breaches of the peace, or acts of aggression. However, the end of the Cold War enabled the Security Council to take some of the measures short of force envisaged in Article 41 and to interpret creatively the provisions of the Charter so as to authorize enforcement action through the use of armed force by individual States or coalitions of States. This chapter discusses measures short of armed force; peacekeeping operations; resort to force by States, as well as regional and other organizations, upon authorization of the Security Council; the special case of authorization to use force given by the General Assembly; as well as the right to self-defence and the various situations in which armed force has been used unilaterally by States.

33. Use or threat of force by states

2019 ◽  
pp. 717-748
Author(s):  
James Crawford
Keyword(s):  
Security Council ◽  
Individual Member ◽  
Enforcement Action ◽  
Peacekeeping Operations ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Collective Self ◽  
Peace And Security ◽  
The Right ◽  
Self Defence

This chapter discusses international law governing the use or threat of force by states. The UN Security Council has primary responsibility for enforcement action to deal with breaches of the peace, threats to the peace, or acts of aggression. Individual member states have the right of individual or collective self-defence, but only ‘until the Security Council has taken measures necessary to maintain international peace and security’. However, the practice has evolved of authorizing peacekeeping operations that are contingent upon the consent of the state whose territory is the site of the operations.

Part 1 The Cold War Era (1945–89), 30 The Falklands/Malvinas War—1982

2018 ◽  
Author(s):  
Henry Etienne
Keyword(s):  
Cold War ◽  
Security Council ◽  
Legal Issues ◽  
General Assembly ◽  
Military Force ◽  
Collective Security ◽  
Un Security Council ◽  
The Cold War ◽  
The Relationship ◽  
Self Defence

This chapter discusses the application of jus contra bellum in the 1982 Falklands/Malvinas conflict. After briefly setting out the relevant facts and summarizing the positions of the main protagonists of the conflict as well as the UN Security Council and General Assembly and other member states, it analyzes the legal issues raised by the application of Article 2(3), 2(4) and 51 of the UN Charter, before evaluating the precedential value of the case. Special attention is paid to the alleged right to use military force for the recovery of pre-colonial titles, to the thesis of the exhaustion of the obligation to settle international disputes peacefully and to the relationship between collective security and self-defence, especially in light of the cessation of hostilities ordered by UN Security Council Resolution 502 (1982).

Part 1 The Cold War Era (1945–89), 3 The Korean War—1950–53

2018 ◽  
Author(s):  
White Nigel D
Keyword(s):  
Cold War ◽  
Security Council ◽  
Korean War ◽  
Collective Security ◽  
System A ◽  
Un Security Council ◽  
The Korean War ◽  
Un General Assembly ◽  
The Many ◽  
The Cold War

This chapter examines the background of the Korean War, the positions of those states and UN organs involved in the conflict as the war ebbed and flowed across the Korean peninsula, and the many questions of legality it raised. Although its legal basis is disputed (sometimes analysed as collective self-defence or intervention at the request of the established government), the evidence presented in this chapter is that the Korean War helped to shape a decentralised UN collective security system, a model in which the UN Security Council acts under Chapter VII to mandate willing states to tackle aggressors or other threats to the peace. Furthermore, the peculiarity of the politics in the UN at the time allowed only a small window of opportunity for action by the Security Council, leading to another vision of collective security in which the UN General Assembly would play a more central role.

un Security Council vs. Weapons of Mass Destruction

2016 ◽  
Vol 85 (2) ◽  
pp. 147-161
Author(s):  
Hans Blix
Keyword(s):  
Cold War ◽  
Security Council ◽  
International Institutions ◽  
Great Powers ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
Nuclear Program ◽  
Major Powers ◽  
Un Security Council ◽  
The Cold War

International institutions given the task to maintain collective security and to seek disarmament need to build on cooperation between major powers. The authors of the un Charter vested great powers in the Security Council but a consensus between the five permanent great powers was required for use of the powers. This inevitably paralyzed the Council during the Cold War. After the end of the Cold War, the permanent members have remained unable jointly to pursue disarmament, but they have succeeded in several remarkable cases to reach consensus, notably on measures to prevent the further spread of weapons of mass destruction. The quick action to eliminate chemical weapons in Syria was a win-win case led by us-Russian diplomacy, while the comprehensive deal settling the controversy over Iran’s nuclear program was a victory for patient diplomacy involving all permanent members and the eu. These actions show the potentials of the Council.

scholarly journals A EVOLUÇÃO DO PEACEKEEPING: SUEZ, RUANDA E REPÚBLICA DEMOCRÁTICA DO CONGO

2017 ◽  
Vol 5 (10) ◽  
Author(s):  
Maria Fernanda Affonso Leal ◽  
Rafael Santin ◽  
David Almstadter De Magalhães
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Republic Of Congo ◽  
Peacekeeping Operations ◽  
The United Nations ◽  
The Cold War ◽  
The Way

Since the first peacekeeping operation was created until today, the UN has been trying to adapt them to the different contexts in which they are deployed. This paper analy- ses the possibility of a bigger shift happening in the way the United Nations, through the Security Council, operates their Peacekeeping Operations. The change here ad- dressed includes, mainly, the constitution of more “robust” missions and the newly introduced Intervention Brigade in the Democratic Republic of Congo. By presenting three missions (UNEF I, UNAMIR and MONUSCO) deployed in different historic periods, we identified various elements in their mandates and in the way these were established which indicate a progressive transformation in the peacekeeping model since the Cold War - when conflicts were in their majority between States – until present days, when they occur mostly inside the States.

The UN Security Council: From the Cold War to the 21st Century

2005 ◽  
Vol 60 (2) ◽  
pp. 581
Author(s):  
Frederick D. Barton ◽  
David M. Malone ◽  
Linda Fasulo ◽  
James Dobbins
Keyword(s):  
Cold War ◽  
21St Century ◽  
Security Council ◽  
Un Security Council ◽  
The Cold War

Marching for a More Open, Confident and Responsible Great Power: Explaining China's Involvement in UN Peacekeeping Operations

2009 ◽  
Vol 13 (1-2) ◽  
pp. 101-130 ◽  
Author(s):  
Liu Tiewa
Keyword(s):  
Cold War ◽  
Security Council ◽  
International Community ◽  
Great Power ◽  
The Political ◽  
Political Issues ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Permanent Member ◽  
The Cold War

AbstractThis article briefly reviews and explains China's expanding involvement in UN Peace Keeping Operations, especially after the end of the Cold War. The reader will see the political issues arising from the peacekeeping operations of China, including perceptions, guidelines, principles and main concerns. China's evolving posture and capacity prepares it for future participation in UN peacekeeping operations and highlights China's reaction to the demands of its increased integration into the international community. China's involvement in UN PKO is examined from the perspective of mainstream IR theories. The article concludes by asserting that in the new century China will function as a more open, confident and responsible permanent member of the Security Council through its contributions to UN Peace Keeping Operations.

Part 1 The Cold War Era (1945–89), 19 The Entebbe Raid—1976

2018 ◽  
Author(s):  
Kreß Claus ◽  
Nußberger Benjamin K
Keyword(s):  
Cold War ◽  
Security Council ◽  
Use Of Force ◽  
Good Faith ◽  
Popular Front ◽  
Rescue Operation ◽  
Legal Perspective ◽  
The Right ◽  
The Cold War ◽  
Self Defence

In 1976, Israel conducted a successful, but highly controversial military rescue operation in Entebbe, Uganda, to save its nationals taken hostage on Ugandan territory by members of the ‘Popular Front of Liberation of Palestine’. From an international legal perspective, this case revolves around the existence of a right of a state to take military action to protect its nationals abroad in mortal danger. Following an extensive legal debate in the Security Council on the incident, it appears safe to conclude that a rescue operation such as conducted in Entebbe passes the threshold for a use of force within the meaning of Article 2(4) UN Charter. In light of the ambiguous justification, however, it appears that an Entebbe-type situation falls within a grey area of the prohibition of the use of force. Still, the incident suggests that if states are willing to support the legality of a military rescue operation only the right of self-defence can conceivably justify such a use of force, and only in a case where the local state does not itself deal with the threat in good faith, and under strict conditions of proportionality.

The UN Security Council and Non-state Actors

2019 ◽  
Vol 113 ◽  
pp. 209-212
Author(s):  
Kristen Boon
Keyword(s):  
Cold War ◽  
Security Council ◽  
International Peace ◽  
Substantial Impact ◽  
Practical Matter ◽  
Un Security Council ◽  
Peace And Security ◽  
State Actors ◽  
The Cold War

Since the end of the Cold War it has become clear that non-state actors (NSA)1 can have a substantial impact on situations affecting international peace and security.2 Although the authority of the Security Council to directly address NSA is not uncontroversial, it is clear that as a practical matter the Council does exercise this authority regularly.3 My remarks will address this practice and explain its legal significance.

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