Part 2 The Post-Cold War Era (1990–2000), 38 The Gulf War—1990–91

Author(s):  
de Wet Erika

This contribution discusses the Gulf War of 1991-1991. It sets out the facts and context of the Iraqi invasion of Kuwait in August 1990, followed by the adoption of United Nation Security Council Resolution 678 (1990) and the subsequent military reaction by the United States-led international coalition. It assesses the reaction of the main protagonists and that of the broader international community to these events. In doing so, it also assesses the legal basis of the military response by the international coalition of the ‘willing and able’ against Iraq. It determines whether it was based on Article 42 of the United Nations Charter, or collective self-defence in terms of Article 51 of the United Nations Charter. The final section examines if and to what extent this case has had an impact on (the legal basis) of military measures taken in the interest of collective security in the post-Cold War era.

Author(s):  
Gill Terry D ◽  
Tibori-Szabó Kinga

This chapter examines the 1992-1995 intervention of the United Nations and the United States in Somalia. It sets out the facts and context of the crisis, the positions of the main protagonists (UN, US and Somalia) as well as the reactions of third states and international organisations. The chapter then discusses several questions regarding the legality of the intervention under the jus ad bellum. It first looks at the legal basis of the intervention under Chapter VII of the UN Charter and the place of peace enforcement operations within that framework. It then analyses the types of mandates and their execution in the Somalian operations and lastly, it draws conclusions on the precedential value of the intervention for future UN collective operations.


2005 ◽  
Vol 4 (3) ◽  
pp. 517-541
Author(s):  
W. Andy Knight

AbstractThe end of the Cold War opened a window of opportunity for the United Nations to play a greater role in international security than it was allowed to play in the midst of the ideological conflict between the United States and the former Soviet Union. However, the expected "peace dividend" never materialized in the post-Cold War period. Instead, a number of civil conflicts erupted and new threats to security, particularly to human security, emerged. This chapter critically examines the evolution of the UN's role in addressing international security problems since 1945, including global terrorism. It also outlines recent attempts by the world body, through extension of its reach beyond the territorial constraints of sovereignty, to build sustained peace through preventive measures and protect human security globally.


Author(s):  
Gazzini Tarcisio

This chapter discusses the main legal issues related to the military operations carried out by the United States, the United Kingdom and France for the protection of the Kurds in Northern Iraq as well as the Shiites and Marsh Arabs in Southern Iraq between the conclusion of the Gulf War (1990-91) and the 2003 military intervention in Iraq. Particular attention is paid to the legal effects of the relevant Security Council resolutions as well as the claim to intervene on humanitarian grounds.


1994 ◽  
Vol 33 (6) ◽  
pp. 1619-1620

The fourth in the 1994 series of reports and papers released by the Academic Council on the United Nations System (ACUNS), the 36-page Evolving United Nations: Principles and Realities, by Johan Kaufmann, examines concepts enshrined in the United Nations Charter — conflict and peace-related activities, international economic and social cooperation, and human rights and humanitarian activities — and discusses them in terms of the realities and developments of the post-Cold War era. The author concludes that, while the UN must still be treated as an organization of states, the automaticity with which self-proclaimed states, with minimum international support, can become UN members must be challenged.


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