NATO Flashcards
Origins and establishment of NATO
- established by 12 states (US, Canada, Western European countries) in 1949
- military alliance to counter threats of alleged military power of UdSSR
- today: 30 members (recently North Macedonia), former Soviet countries joined from 1999 on, Baltic states in 2004
Main objectives in 1949
- ensuring own territorial integrity and political independence
- protect the entire North Atlantic area
Membership conditions
Art. 10 NAT:
- country must be a European state
- willingness and ability to contribute to security of North Atlantic area
- ALL current members must confirm
Structure of NATO
- North Atlantic Council (within civilian structure actually)
- civilian structure
- military structure
North Atlantic Council
- main decision-making body
- consists of all MS
Civilian structure
- Secretariate (staffing etc.)
- Defence Planning Committee (i.e. ministers of defence)
- Chairman of the NAC, Nuclear Planning Group, …
Military structure
No NATO army, but integrated military structures:
- Allied Command Operations (SACEUR + SACLANT)
- > still under national command unless NATO is victim of armed attack or deployment of operation outside NATO territory
- Allied Command Transformation: responsible for induction of new MS’ forces into NATO + its trainings
- Military Committee: highest military authority (directing ACO and ACT, but under authority of NAC and DPC)
Decision-making procedure
Consensus decision-making, equal treatment of MS
Other institutional aspects
- financing through compulsory contributions of MS
- expenses for military operations to be covered by MS
- NAT amenable (art. 12 NAT), never has happened
- immunity for NATO headquarters in Belgium
Basic principles of NATO
Art. 1 NAT:
- peaceful settlement, refrain from threat or use of armed force
Art. 7 NAT: rights and obligations under UN Charter not affected
Art. 5 NAT:
- notion of collective self-defence
- MS will maintain and develop their resistance capacities
NATO policies during and after Cold War
During: armament and defence of sovereignty
After: expansion to Eastern Europe
Enlargement of activities:
- Art. 5 operations
- Non-Art. 5 operations (out-of-area operations)
-> enforcement operations under Chapter VII UN Charter) and non-enforcement operation (consensual agreements, e.g. Macedonia)
Invocation of Art. 5
- 2001: by US after 9/11
Invocation of Art. 4
- 2012, 2015: by Turkey (regarding Syria)
- 2014: by Poland (regarding Ukraine)
Relevance of NATO in the world
- NATO has become a global player in contribution to peace and security in the world
- NATO still needs the authorisation of UN SC for enforcement measures, but would never refer to Chapter VIII
- > sees it self not as a regional organisation and would not want to be restricted by UN SC authorisations
- on the other hand NATO is ready to step in without authorisation/overstep a mandate (e.g. Kosovo/Serbia, Libya)
Analysis of NATO’s Kosovo mission 1999
- revolution in Kosovo after claimed independence from Serbia in 1995/96 -> revolution
- Art. 2 (4) UN Charter as a starting point
- Individual self-defence as justification? -> no
- Chapter VII authorisation by UN SC? -> no, but several resolutions (arms embargo, respect for agreements)
- Tacit approval? -> for some experts no valid reason
- Intervention on grounds of humanitarian reasons?
- > when gross human rights violations occur
- > Customary International Law applicable? (persistent state practice; opinio juris: believe in existence of law)
One opinion: NATO’s actions were legitimate, but not justified.
