Book contents
- A Farewell to Wars
- A Farewell to Wars
- Copyright page
- Contents
- Foreword
- Abbreviations
- 1 Introduction
- 2 Interstate Uses of Force, Tensions and Restraints by Regions since World War II
- 3 Interstate Uses of Force, Tensions and Restraints during Major Phases of International Relations since World War II
- 4 Incentives to the Interstate Uses of Force and Restraints
- 5 Historical Evolution of Norms and Other Means to Restrain the Use of Force
- 6 Overview of Disincentives to and Restraints on the Interstate Use of Force
- 7 Military Strength to Deter Others from Using Force
- 8 Nuclear and Other Non-conventional Weapons and Means as Deterrents and Threats
- 9 Disarmament as Restraint on the Use of Force
- 10 Preventing the Interstate Use of Force by Preventing or Solving Conflicts
- 11 Restraints on the Interstate Use of Force through Legal Norms
- 12 UN Charter Articles Relating to the Use of Force
- 13 The Security Council May Use or Authorize States or Regional Organizations to Use Force
- 14 The Right to Individual and Collective Self-Defence as an Exception to Art. 2:4
- 15 Interventions Triggered by Factors Unforeseen at the Adoption of the Charter’s Ban on the Interstate Use of Force
- 16 Interventions Seeking Regime Change, Protection of People or Punishment
- 17 Findings Regarding the Role of Norms to Restrain the Interstate Use of Force
- 18 States are Saying Farewell to Wars
- Bibliography
- Index
13 - The Security Council May Use or Authorize States or Regional Organizations to Use Force
Published online by Cambridge University Press: 09 November 2023
- A Farewell to Wars
- A Farewell to Wars
- Copyright page
- Contents
- Foreword
- Abbreviations
- 1 Introduction
- 2 Interstate Uses of Force, Tensions and Restraints by Regions since World War II
- 3 Interstate Uses of Force, Tensions and Restraints during Major Phases of International Relations since World War II
- 4 Incentives to the Interstate Uses of Force and Restraints
- 5 Historical Evolution of Norms and Other Means to Restrain the Use of Force
- 6 Overview of Disincentives to and Restraints on the Interstate Use of Force
- 7 Military Strength to Deter Others from Using Force
- 8 Nuclear and Other Non-conventional Weapons and Means as Deterrents and Threats
- 9 Disarmament as Restraint on the Use of Force
- 10 Preventing the Interstate Use of Force by Preventing or Solving Conflicts
- 11 Restraints on the Interstate Use of Force through Legal Norms
- 12 UN Charter Articles Relating to the Use of Force
- 13 The Security Council May Use or Authorize States or Regional Organizations to Use Force
- 14 The Right to Individual and Collective Self-Defence as an Exception to Art. 2:4
- 15 Interventions Triggered by Factors Unforeseen at the Adoption of the Charter’s Ban on the Interstate Use of Force
- 16 Interventions Seeking Regime Change, Protection of People or Punishment
- 17 Findings Regarding the Role of Norms to Restrain the Interstate Use of Force
- 18 States are Saying Farewell to Wars
- Bibliography
- Index
Summary
UN Charter Art. 2:4 aims to protect states from forcible encroachments by other states, but it does not stand in the way of the Security Council taking or authorizing states to take enforcement actions under Art. 42 and did so in the case of Korea 1950 and Iraq in 1991.It may take or authorize enforcement actions – even inside states – under Art.2:7 and 42. It may also under Art. 53 authorize the use of force by regional organizations – and has done so. The Responsibility to Protect (R2P) doctrine envisages the use of force to remedy extreme internal situations, such as genocide or massacres, but only within the rules cited requiring approval by the Security Council. The veto is often criticized as hindering action by the Council. It may, indeed, be excessively used but may sometimes be only a signal from one of the permanent members that it may be ready to use its power to resist an action proposed. Post WWII, force has been used by states – but only rarely – to acquire territory while ignoring the Security Council, notably by North Korea in 1950, Iraq against Iran in 1980 and against Kuwait in 1990, Russia against Ukraine in 2014 and 2022.
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- A Farewell to WarsThe Growing Restraints on the Interstate Use of Force, pp. 198 - 204Publisher: Cambridge University PressPrint publication year: 2023