8 UNSC Flashcards
Session 8
UNC art. 2(4) - force
Prohobits states for using force against other states soverignity.
Interpretations of the word Force in UNC 2(4). Is it armed forces or cyber attack.
UNC art 51
Justification for use of force, self-defence.
Disagreements of self-defence in UNC art. 51, before, imminent threat. 9/11 challenged thiis.
Counter-terrorisme doctrine interpretation of art 51, including defense against non-state actors, and therefore
do not need approval from the UNSC.
Humanitarian intervention
Humanitarian intervention a doctrine that the international community has a moral and therefor an obligation to intervene in grave humanitarian violations. Breach state sovereignty.
Not linked to UNC or UNSC.
R2P is linked, I’d argue.
Implied authoritazion of UNSC
Implied authorization the UN Security Council does not explicitly authorize the use of force, but its actions and resolutions can be interpreted as implicitly endorsing military action by states.
Kosovo example:
Kosovo in 1999 as a prominent example where implied authorization was argued, though its legality remains contested:
While the Security Council did not explicitly authorize the intervention, NATO members argued that previous resolutions condemning the situation in Kosovo and demanding a peaceful solution could be interpreted as implicit support for military action to protect civilians.
Use of force authorized by UNSC 1994 against Haitis military (they used sanctions first, then naval blockade, in the end military intervention)
Peacekeeping operations
Peacekeeping operations, though not explicitly mentioned in the UN Charter, have become a central aspect of the Security Council’s work in maintaining peace and security
UNC Article 53
Some argue that regional organizations can use force independently under Article 53 of the UN Charter, while others contend that they must have authorization from the Security Council.
ECOWAS in Liberia and Sierra Leone
Economic Community of West African States.
The Security Council authorized ECOWAS to use force in Liberia (1990-97) and Sierra Leone (1997-2000) to restore democracy.
ECOMOG in Liberia
Economic Community of West African States Monitoring Group
ECOMOG used force in Liberia in 1990 without Security Council authorization.
The UN High-Level Panel Report on Threats, Challenges and Change 2003
Humanitarian Intervention: The Panel rejects the idea of unilateral humanitarian intervention by states, arguing that it would destabilize the international order. Glennon disagrees, using NATO’s intervention in Kosovo in 1999 as an example of a necessary intervention that saved lives despite lacking Security Council approval.
Bad State Theory
That states with less regard for international norms make decisions by weighing the material benefits of violating rules against the potential costs, highlighting the limits of law in restraining self-interested states.
Michael Glennon
Crime of aggression
Rome statute art. 5 (d). ICC has jurisdiction of this.
ICC’s jurisdiction over the crime of aggression cannot be exercised against nationals of states that haven’t ratified the Rome Statute or those that have explicitly opted out of the aggression amendments.
Security Council and crime of aggression to ICC
The Security Council retains the power to initiate an ICC investigation into a “situation of aggression” through a Chapter VII resolution, potentially subjecting nationals of any state, regardless of their ICC membership status, to the Court’s jurisdiction.
Jus ad Bellum
The title given to the branch of law that entitles states with legitimate resons to engage in war.
Russia’s Justifications for invasion in Ukraine
1) Self-defense in response to NATO expansion and the alleged threat posed by Ukraine.
2) Protection of ethnic Russians in Ukraine and the claim of genocide.
3) A request for assistance from the self-proclaimed republics of Luhansk and Donetsk.
Rejection of Russia’s Justifications
1) The expansion of NATO did not constitute an armed attack or an imminent threat to Russia.
2) There was no evidence of genocide or an acute threat to the Russian population in Ukraine.
3) The self-proclaimed republics of Luhansk and Donetsk were not legitimate states and could not lawfully request military intervention.”
