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The United Nations Charter Framework - Coggle Diagram
The United Nations Charter Framework
The main provisions of the UN
The nature of the UN charter
As treaty law : Charter is a treaty and it bound all the States that signed it
As customary : Some of provisions are customary = applicable to all the states + terrorists
The charter's provisions on the use of force : art 2-4
Question of interpretation: 1) "military force or armed force" = allow somme use of force 2) "somethings broader than military force" = included indirect force (State don't use directly a military force but provided assistance to a governement or a group)
Question about the changed nature of international conflict : Prohibition of use of force include civil / military / mixed conflict and terrorism = protection of States to prevent use of force when they signed the Charter
Self-defence (art 51) : exception of the prohibition of use of force :arrow_right: 1) presence of an armed attack 2) only aggainst aggressor State byt the victim State 3) necessarry and proportionnate 4) immediately inform SC
The collective use of force under the UN charter
The charter framework
The GA :
Definition : preeminent forum of global political discussion = delibarative organ, try to find a consensus
SC is exercising in respect of any dispute or situation = GA shall not make any recommandation with regard ti that dispute unless SC request
BUT EXCEPTION : GA practice :arrow_right: assembly can discuss against a case when tje SC has fallen to act because of the veto BUT only a recommandation
The SC
Definition : 5 permanent members + 10 non permanent members
responsable of the maintenance of international peace and security
The SC decision's are biding the states members + non-states members for embargo + non-state actors for economic sanctions when their State make the resolution effective
9 members for procedural matters + 9 members including the permanent members for all other matters
veto limited to the five permanent members + abstention and absence isn't considers as veto
SC determine the existence of any threat to the peace (no definition and depend on the will of the SC) / breach / act of aggression (use of armed forces by a State against sovereignty) then make recommandations or decide some measures :arrow_right: complete or partial interruption of economic relations and of means of communication and the severance of diplomatic relations = impose non-military sanctions
The problems with the Charter framework
The SC has been unable to respond effectively to others acts of aggression = thanks to the veto right, the limitation of the veto
The inability to establish formal mechanisms for collective action: All members undertake ti make available to the SC BUT soviet union block any agreement to make UN army
Efforts to respond to these problems
The use of institutions : the GA can act when the SC is blocked BUT only recommandations + Use of regional organizations but with the autorization of the SC
The use of peacekeeping : imposition of a neutral force in an area of conflict once the fighting has stopped
One autorize by the SC / One authorize by the GA
Conditions : 1) consent of the parties 2) Non use of force except in self-defense
It can be military operations / civil operations / mixed operations
Established as an organe of the UN = the Un is internationnally responsbile for the members of the missions