Iraq

Author(s):  
Coralie Pison Hindawi

This chapter examines how the Security Council used its powers under Chapter VII of the United Nations Charter to react to threats to the peace, breaches of the peace, or acts of aggression by Iraq against Kuwait. With the invasion and annexation of Kuwait in August 1990, Iraqi decision makers had to expect an international reaction. However, they surely could not anticipate that this move would place Iraq in the shadow of Chapter VII's enforcement measures for the two decades to come. This chapter explains how Iraq's invasion of Kuwait became a perfect opportunity to demonstrate the potential of the resurrected UN collective security system. It argues that rather than being reborn in Iraq after its demise during the Cold War, the UN collective security system was in fact buried again in Iraq as the Chapter VII regime became a trap from which the country had no chance to escape.

2018 ◽  
Vol 40 (1) ◽  
pp. 97-115
Author(s):  
Mariana Pimenta Oliveira Baccarini

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.


Author(s):  
Maria Fernanda Affonso Leal ◽  
Rafael Santin ◽  
David Almstadter De Magalhães

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.


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).


Author(s):  
Ademola Abass

The term collective security in a general sense is given many understandings both professional and nonprofessional. The phrase is sometimes used to describe the organization of security on a “collective” basis. Often, it is used to denote the “collective organization” of security. While neither of these uses is inherently wrong, neither succinctly captures what “collective security” implies when used by international lawyers. In international law, collective security is a term connoting something more dense and intricate, and much more slippery, than the above more straightforward expressions. The notion of collective security, its premise, and objectives are deeply contested by states and scholars. It is universally acknowledged that collective security is today organized under the United Nations; however, regional organizations, which used to focus primarily on economic matters, have attained greater prominence in collective security efforts especially since the end of the Cold War. This article examines the definition of collective security, its features and objectives, the actors that have the responsibility for operating it globally and regionally, its various manifestations, its limitations and, above all, its role in future.


Author(s):  
María José Cervell Hortal

The concept of nuclear nonproliferation was coined in a formal way at the beginning of the 1960s, though the Treaty on the Non-Proliferation of Nuclear Weapons, or Non-Proliferation Treaty (NPT), signed in 1968, would be the text that would consolidate it. After the bombing of Hiroshima and Nagasaki in 1945, humanity was conscious of the danger of these weapons, and nuclear proliferation turned into one of the main problems of the Cold War period; their control and the implementation of strategies to limit them have become a priority since then. During the Cold War, nuclear weapons and deterrence policy were crucial elements in the peaceful coexistence of the two power blocs, and the initiatives to control them grew, as both countries were conscious of the danger that this accumulation could cause. The NPT created two categories of states: the “officially” nuclear ones, which could maintain their weapons (China, France, the United Kingdom, the Soviet Union, and the United States) and the nonnuclear ones, which were not allowed to acquire or develop them. Two more concepts emerged: vertical proliferation (that of the five official nuclear states) and horizontal proliferation (that of the states that had nuclear weapons but rejected to be a NPT party). Other treaties—multilateral, regional, and bilateral—which also sought to control the nuclear proliferation (see Treaties and Agreements Preventing Nuclear Weapons Proliferation) were subsequently added. The end of the Cold War did not eliminate the danger. In fact, the Security Council considered in 1992 (Document S/23500, 31 January) that the proliferation of nuclear weapons “constitutes a threat for the international peace and security” (p. 4) that permitted it to activate, if necessary, chapter VII of the United Nations (UN) Charter and all the consequences derived from it. With the new millennium, the United Nations Secretary-General described mass destruction arms (nuclear included) as one of the threats to peace and security in the 21st century (see United Nations General Assembly 2005, cited under Security Council, General Assembly, and Secretary-General, para. 78). Nowadays, the nuclear question is still of great relevance. The nuclear problems in the 21st century’s international society are wide and varied and include states that withdrew the NPT (North Korea), states that fail to comply with it (Iran), states that have not yet ratified it (Israel, India, Pakistan), and non-state actors (such as terrorist groups), which are more and more interested in the wide destructive power of nuclear weapons. The adoption of the Treaty on the Prohibition of Nuclear Weapons of 7 July 2017 was a significant step, but the low number of state accessions shows that nuclear weapons are still a relevant threat.


2001 ◽  
Vol 95 (1) ◽  
pp. 76-85 ◽  
Author(s):  
Michael J. Matheson

Since the end of the Cold War a decade ago, the United Nations has exercised authority in significant new ways to address various aspects of resolving conflicts and dealing with their consequences. These new approaches have included the use offeree to end interstate and internal violence, the resolution of boundary issues and other disputes that might prolong the conflict, the elimination of threatening weapons capabilities, the prosecution of violations of international humanitarian law, and the compensation of victims of the conflict. These actions have been taken either with the consent of the state or states involved, or pursuant to the authority of the Security Council under Chapter VII of the UN Charter, or both.


Author(s):  
Kreß Claus

This chapter discusses the concept of aggression. Article 39, the opening clause of the United Nations Charter’s collective security system, contains the term ‘act of aggression’, the existence of which in a given case falls to be determined by the United Nations (UN) Security Council. Recalling Article 39, the UN General Assembly, in 1974, adopted a resolution on the Definition of Aggression (Resolution 3314 (XXIX)). As the term ‘act of aggression’ is used alongside the terms ‘threat to peace’ and ‘breach of the peace’ in Article 39, the UN Security Council is not bound to determine the existence of an act of aggression to activate the Charter's collective security system and authorize the use of force by one or more States in order to maintain or restore international peace and security. In the view of the International Court of Justice and the International Law Commission, the prohibition of aggression forms part of customary international law. Here again, however, the distinct legal significance of the concept compared to ‘use of force’ and ‘armed attack’ is of quite limited reach. Contrariwise, the concept of aggression has been of considerable importance in the realm of international criminal law since the latter’s inception.


Born in 1945, the United Nations (UN) came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post-Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book's claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume includes chapters on the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states.


1992 ◽  
Vol 5 (2) ◽  
pp. 273-281
Author(s):  
Robert Siekmann

Especially as a consequence of the termination of the Cold War, the détente in the relations between East en West (Gorbachev's ‘new thinking’ in foreign policy matters) and, finally, the disappearance of the Soviet Union, the number of UN peace-keeping operations substantially increased in recent years. One could even speak of a ‘proliferation’. Until 1988 the number of operations was twelve (seven peace-keeping forces: UNEF ‘I’ and ‘II’, ONUC, UNHCYP, UNSF (West New Guinea), UNDOF AND UNIFIL; and five military observer missions: UNTSO, UNMOGIP, UNOGIL, UNYOM and UNIPOM). Now, three forces and seven observer missions can be added. The forces are MINURSO (West Sahara), UNTAC (Cambodia) and UNPROFOR (Yugoslavia); the observer groups: UNGOMAP (Afghanistan/Pakistan), UNIIMOG (Iran/Iraq), UNAVEM ‘I’ and ‘II’ (Angola), ONUCA (Central America), UNIKOM (Iraq/Kuwait) and ONUSAL (El Salvador). UNTAG (Namibia), which was established in 1978, could not become operational until 1989 as a result of the new political circumstances in the world. So, a total of twenty-three operations have been undertaken, of which almost fifty percent was established in the last five years, whereas the other half was the result of decisions taken by the United Nations in the preceding forty years (UNTSO dates back to 1949). In the meantime, some ‘classic’ operations are being continued (UNTSO, UNMOGIP, UNFICYP, UNDOF, and UNIFIL), whereas some ‘modern’ operations already have been terminated as planned (UNTAG, UNGOMAP, UNIIMOG, UNAVEM ‘I’ and ‘II’, and ONUCA). At the moment (July 1992) eleven operations are in action – the greatest number in the UN history ever.


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