6 The UN and the use of force

2018 ◽  
Author(s):  
Gray Christine
Keyword(s):  
Cold War ◽  
Security Council ◽  
Use Of Force ◽  
Formal Scheme ◽  
Centralize Control ◽  
The Cold War ◽  
Standing Army

This chapter focuses on the role of the UN, illustrating the interpretation and application in practice of Chapter VII of the UN Charter and the development through practice of the institution of peacekeeping. The aim of the drafters of the UN Charter was not only to prohibit the unilateral use of force by states in Article 2(4) but also to centralize control of the use of force in the Security Council under Chapter VII. However, the formal scheme of Chapter VII under which the Security Council would have its own standing army and respond to breaches of the peace, threats to the peace, and acts of aggression did not stand up to the pressure of the Cold War. The chapter shows how peacekeeping has evolved since the end of the Cold War and examines recent proposals for reform.

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.

Part 1 The Cold War Era (1945–89), 5 The Soviet Intervention in Hungary—1956

2018 ◽  
Author(s):  
Lieblich Eliav
Keyword(s):  
Cold War ◽  
International Law ◽  
Real Time ◽  
Use Of Force ◽  
Warsaw Pact ◽  
Jus Ad Bellum ◽  
Soviet Invasion ◽  
The Cold War

In late October 1956, the Soviet army crushed a burgeoning rebellion in Hungary, ostensibly upon the invitation of the Hungarian government, and allegedly in conformity with the provisions of the Warsaw Pact. While the intervention was widely condemned, international law could not prevent the Soviet invasion nor secure the USSR's withdrawal from Hungary. Seven decades later, this Chapter analyses the Soviet intervention under jus ad bellum. It focuses on the positions of relevant actors in real-time, as well as on the enduring aspects of the affair. As the Chapter reveals, the Hungary intervention presented dilemmas that plague the law on the use of force even in contemporary times. It raised questions that remain burning today, such as the role of consent in legalizing external forcible intervention, the ability of international law to face superpowers, and the dialectics between effectiveness and legitimacy in the determination of lawful authority during internal strife.

The Internationalization of Domestic Conflict: The Role of the UN Security Council

1996 ◽  
Vol 9 (1) ◽  
pp. 7-35
Author(s):  
Niels M. Blokker ◽  
Marieke Kleiboer
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
Security Council ◽  
Veto Power ◽  
International Level ◽  
First Line ◽  
The Soviet Union ◽  
Un Security Council ◽  
The Cold War

In recent years, the UN Security Council has increasingly been involved in domestic conflicts. To explain this development, two lines of arguments have been used most often, both referring to the end of the Cold War. The first line of argument holds that the collapse of the Soviet Union has led to more domestic conflicts that manifest themselves at the international level, and the UN has simply responded to that growing problem. In the second line of argument, the collapse of the Soviet Union has led to an end of the anticipation and use of Soviet veto power in the Security Council, leading to more opportunities for the UN to take a more proactive stance in domestic conflicts. How plausible are these explanations? In this article, the argument is made that both lines of explanation rest partly on faulty premises.

Part 1 The Cold War Era (1945–89), 23 Operation Litani—1978

2018 ◽  
Author(s):  
Williamson Myra
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
United Nations Security Council ◽  
The Third ◽  
The Us ◽  
The Cold War ◽  
Self Defence

This chapter examines Israel’s invasion of southern Lebanon on 14 March 1978, often referred to as ‘Operation Litani’. First, the chapter discusses the immediate and long-term causes of the Israeli invasion: the former includes the ‘Coastal Road Massacre’ that occurred on 11 March 1978, whilst the latter includes the effects of the Palestinian presence in southern Lebanon. The second section analyses the positions of the main antagonists, setting forth the positions adopted by Israel, Lebanon, the PLO, Jordan, the US, Syria, Egypt, Kuwait and the United Nations’ Security Council. The third section discusses the legality of this use of force, purportedly an act of anticipatory self-defence to prevent future attacks. Finally, the chapter offers a brief conclusion on the precedential value of this incident. It concludes that the Israeli use of force, which was unanimously condemned by the Security Council, was unlawful.

Pandora's box?: humanitarian intervention and international law

2011 ◽  
Vol 7 (1) ◽  
pp. 87-94 ◽  
Author(s):  
Aidan Hehir
Keyword(s):  
Cold War ◽  
International Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Post Cold War ◽  
Cold War Era ◽  
The Cold War ◽  
Invasion Of Iraq

The three books reviewed here all address the question of the efficacy of international law and advance concerns about its future trajectory, albeit in contrasting ways. As has been well documented, the role of international law – specifically in the regulation of the use of force – has undergone significant scrutiny in the post-Cold War era. To a much greater extent than during the Cold War, contemporary conflicts and crises are invariably discussed with reference to international law, and the legality of a particular use of force has become a significant factor in assessing its legitimacy; one need only think of the importance placed on the legality of the 2003 invasion of Iraq. This increase in prominence suggests that international law has become more important, and unsurprisingly those used to the discipline's previous role as exotic curio have welcomed this sudden promotion (Robertson, 2000).

Historical Analogies and the Use of Force

2004 ◽  
Vol 6 (2) ◽  
pp. 64-68 ◽  
Author(s):  
John Garofano
Keyword(s):  
Cold War ◽  
Use Of Force ◽  
Relative Weight ◽  
Pearl Harbor ◽  
Recent Book ◽  
Systematic Analysis ◽  
The Real ◽  
The Cold War ◽  
Point Of Departure

Using a recent book by Jeffrey Record as a point of departure, this essay considers the role of historical analogies in decisions by U.S. leaders to use force during the Cold War. The analogies considered by Record those of Munich and Vietnam may have had a bearing on some decisions, but it is often difficult to assess their relative weight compared to other critical variables. Moreover, several analogies not considered by Record Pearl Harbor, for example may have been far more salient during certain crises than the analogies he examines. In any case, we need a more systematic analysis of historical analogies than Record provides if we are to gauge the real influence and impact of historical analogies on the Cold War.

scholarly journals Informal Reform of the United Nations Security Council

2018 ◽  
Vol 40 (1) ◽  
pp. 97-115
Author(s):  
Mariana Pimenta Oliveira Baccarini
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Decision Making Process ◽  
Institutional Perspective ◽  
The United Nations ◽  
Lock In Effect ◽  
The Cold War ◽  
Lock In

Abstract This article analyses attempts to reform the United Nations Security Council from a historical-institutional perspective. It argues that the possibilities for reform have suffered from a ‘lock-in’ effect that has rendered the UN resistant to change. On the other hand, the UN decision-making process has evolved since its establishment, especially since the end of the Cold War, in response to new power aspirations, making it more representative and legitimate. The Security Council has also undergone continuous informal reform that has allowed it to adapt to new times.

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.

The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions

2009 ◽  
Vol 78 (3) ◽  
pp. 309-342 ◽  
Author(s):  
Patrik Johansson
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Security Council Resolution ◽  
Post Cold War ◽  
Standard Definition ◽  
The Status ◽  
Definition Of ◽  
The Cold War ◽  
Business As Usual

AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.

Daily Life of the American Embassy in Czechoslovakia in 1945—1948

Istoriya ◽  
2021 ◽  
Vol 12 (6 (104)) ◽  
pp. 0
Author(s):  
Valery Yungblyud
Keyword(s):  
Cold War ◽  
Central Europe ◽  
Daily Life ◽  
Primary Sources ◽  
Economic Recovery ◽  
The Us ◽  
Post War ◽  
The Cold War ◽  
Leadership Interactions

The article is devoted to the study of various aspects of daily life of the US Embassy in Czechoslovakia in 1945—1948. The author considers the main areas of its work, major problems and difficulties that American diplomats had to overcome being in difficult conditions of the post-war economic recovery and international tension growth. Special attention is paid to the role of Ambassador L. A. Steinhardt, his methods of leadership, interactions with subordinates, with the Czechoslovak authorities and the State Department. This allows to reveal some new aspects of American diplomacy functioning, as well as to identify poorly explored factors that influenced American politics in Central Europe during the years when the Cold War was brewing and tensions between Moscow and Washington were rising. The article is based on unpublished primary sources from the American archives.

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