prohibition on use of force

Question 1

UN CHARTER: IMPORTANT PROVISIONS - 13

A. 1- 108

Answer 1

A.1.1- the purpose of UN (peace, security, collective measures, removal threats to peace.

A.2.3: members - peaceful settlement

S.2(4) - refrain from the use of force

A.2(5)- give assistance members to the UN for peace not aggressor!

A.2(7) - no internal invention of internal affairs

A.5 - enforcement action by SC against - suspension

A.6: persistent violators, may be expelled by UNGA

A.10: UNGA can discuss the power or functions of any organ and take recommendation to members of SC (no conflict of functions)

A.12: SC has authority over dispute or recommendation given UNGA

A. 23 - increase membership of SC - 15

A.24: SC primary responsibility for maintenance of peace and security

A.27: powers veto- substantive not procedural!

A.108: amendments need the consent of permanent members! no removing of veto through A.10 of SC 5 members

Question 2

Exemption to the use of force (2)

Answer 2

1. UN nation
2. defense - A.51

Question 3

UNGA power? development

Answer 3

The Uniting for Peace resolution was implemented 13 times between 1951 and 2022.
purpose: can gives recommendation when decisions are impaired by veto power. Mere recommendations= no enforcement power!!

Question 4

principle of non- intervention - revamped?

Answer 4

yes! R2P V A.2(7)

SCHOLAR - DENG
ISCISS
UNGA - 5 CRIMES
what is it? control to responsibility

Question 5

principle of non- intervention - revamped

Answer 5

yes! R2P V A.2(7)

SCHOLAR - DENG
ISCISS
UNGA - 5 CRIMES
what is it? control to responsibility & INTERVENTION
4 crimes
3 responsibilities: prevent mass atrocities, react and rebuild

Question 6

sub-regional v SC = R2P?

PROBLEM: UNEQUAL SECURITY SYSTEM

Answer 6

SUB-REFIONAL - S.52 AND 53*
SC- s. 24

ICISS? COMMENTS - SC does not primary responsibility anymore. this is a traditional approach
giCHANA? COMMENTS (3 approaches - green, red and legitimacy ladder)

EXAMPLE: 3 ECOWAS IS A SUPRANATIONAL
ecowas - gambia - Sc passively accepted the use of force by ECOWAS

cote d’ivore - UN DOWNplayed and sided with AU - Eventhough Sc put sanctions at the end, France had to come in.

mali - Au supported but some members of ECOWAS were reluctant, so UNSC asked, was reluctant.

AFRICAN COUNTRIES HAVE HAD THE MOST REGIONAL WAS ACCORDING TO A REPORT BY R2P MONITOR IN 2019, WITH 11 OUT OF 18 FROM AFRICA OUT OF THE WHOLE WORLD!