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Nagekeken assignment 2 Public International Law WG week 3
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Week 3 The Use of Force and Collective Security – Assignment 2--------------------------------------------------------------------------------------------------------------------------------------
Question 1
Briefly set out the principal elements of the UN Charter system on the use of force.
There are two principal elements of the UN Charter security system:
1. Article 2 (4) UN Charter 2. Article 2 (3) UN Charter:
“All members shall refrain in their “All members shall settle their international relations
from the threat or use of force disputes by peaceful means in such a manner
against the territorial integrity or political that international peace and security, and
independence of any state, or in any other justice, are not endangered.“
manner inconsistent with the Purposes of
the United Nations.” To effect this principle Chapter VI of the UN
Charter is important. This Chapter VI included
To effect this principle two other articles are pacific settlement of disputes, such as
important: mediation, arbitration & judicial settlement.
a. Article 39 UN Charter
“The Security Council shall determine the
existence of any threat to the peace, breach
to the peace, or act of aggression and shall
make recommendations, or decide what
measures shall be taken in accordance
with articles 41 and 42, to maintain or
restore international peace and security.”
To this article belong three other articles:
- Article 40 UN Charter which contains
provisional measures to maintain
international peace and security.
- Article 41 UN Charter which contains
measures not involving use of force.
- Article 42 UN Charter which contains
measures involving use of force.
This is named collective security. This is something different as collective self defense. The Security
Council has to be consider if use of force is necessary. First consider peaceful measures under article
41. If this is enough than no use of force under article 42 UN Charter.
THERE IS NO UN ARMY UNDER ARTICLE 43!!! States are volunteers for the use of force under article
42 UN CHARTER.
b. Article 51 UN Charter
“Nothing in the present Charter shall impair
the inherent right of individual of collective
self-defense if an armed attack occurs against
a member of the UN, until the Security Council
has taken the measures necessary to maintain
international peace and security. Measures taken
by the members in the exercise of this right of
self-defense shall be immediately reported to the
Security Council and shall not in any way affect the
authority and responsibility of the Security Council ...”
So, conditions for self-defense only based on article 51
UN Charter are:
- Armed attack occurs
- Reporting to the Security Council
- No affection of the authority and responsibility
of the Security Council.
- From a state of attributable to a state (Paragraph 195 Nicaragua case)
- Necessity and proportionality
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