International Organizations, Peace and Security

Radi Yannick
2019 - 2020

International Organizations,
Peace,
and Security

Dag Hammarskjöld, second Secretary-General of the United Nations

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Introduction
What is the content?
 Conflict resolution? Peace-keeping resolution? The role of IO and the Security Council?
There is no reference to “law” in the title ! Why ? Who says rules, says law-making.
What is specific to peace and security ? It’s more political and factual. An international law is
just a compromise between States. National interest is in any field of International Law (IL)
IL is a tool and always use by States to promote their own interest.
This field is mainly govern by politics. The best illustration is the functioning of the Security
Council (SC). The chapter 7 : In practice, how does it work ? Each permanent member can
put a veto. Basically, a resolution reflect the interest of the Security Council.
Politics play an important role in the regulation of peace and security. So, there will be no
reference to law.
We will discuss also about the interaction between different legal order (the ICJ and the SC
for example). It’s a multidimensional society with regional order (EU) and other as ICJ.
For all of the topics, I will ask you to prepare a little exposé of 20 minutes about key issues
about a subject. We don’t have to go into the details.

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General framework and specific issues (11 february)

Overview
When I ask you about the United Nations, one refered to the Security Council and the
General Assembly. But, is it the only organ who is playing about peace and security ? There
are also the secretary and the International Court of Justice (ICJ)

Part 1 : The “actors” of peace and security

(25 february – 10 march)

The United Nations

Monopoly over enforcement actions

Presentation :
The UNSC Powers under Chapter 7 UN Charter
UN purposes :

 Maintain International Peace and Security

 Develop Friendly relations among Nations
 Etc.

As you can read on the ppt, according to the Charter, the United Nations has four purposes
and the first one is maintaining international peace and security. maintain international
peace and security; develop friendly relations among nations; cooperate in solving
international problems and promoting respect for human rights; be a center for harmonizing
the actions of nations.

In order to achieve that, article 7 UN Charter, established six main organs that were all
established in 1945 when the UN was itself founded. Today's lecture focus on the 2nd one:
the UNSC .

In order to ensure prompt and effective action by the UN, by virtue of article 24, the MS
confer on the UNSC the primary responsibility for the maintenance of international peace
and security and agree that with that regards, it acts on their behalf in accordance with the
Purposes and Principles of the UN. The specific powers granted to the UNSC are laid down in
different Chapters. The Chapter 7 is the one we are focusing on. According to that chapter,
the Security Council has the primary competence to determine the existence of a threat to
the peace, a breach of the peace or an act of aggression. (article 39) It calls upon the parties

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to a dispute to settle the dispute by peaceful means and recommends methods of
adjustment and terms of settlement, as it deems appropriate.(article 40) In some cases, it
may impose sanctions or even authorize the use of force to maintain or restore international
peace and security.(articles 41-42).

Permanent an non-permanent members :

 Permanent members : USA, China, France, United Kingdom, Russia
 Non-Permanent Members elected by the General Assembly for a 2 year term
 For decisions to be made = an affirmative vote of 9 (and non-veto)

The Security Council is composed of 15 members, including 5 permanent members: China,

France, the Russian Federation, the United Kingdom and the United States, and 10 non-
permanent members elected by the General Assembly for a two-year term: South Africa,
Germany, Belgium (presidency), Estonia, Indonesia, Niger, Saint Vincent and the Grenadines,
Dominican Republic, Tunisia and Vietnam.

For the UNSC to perform its function, it has to vote on decisions they would consider taking
in order to promote peace and security. Decisions are to be made by an affirmative vote of
nine (of the fifteen) members including the concurring votes of the permanent members.
This regulation is moderated in that parties to a dispute must abstain from voting on
decisions falling under the specifications of Chapter VI (Pacific Settlement of Disputes) and
Art. 52, para. 3 (pacific settlement of local disputes).

In article 27 the 5PM of the UNSC have the right to a veto vote, the power of the 5-
permanent members of the UNSC to veto any substantive resolution. They can veto the
determination of an issue as either a dispute or a mere situation, the so-called "double" veto
power that decides the preliminary question of whether or not a certain matter is subject to
the veto.

1. The UNSC powers under chapter 7

Art. 39 to 51 UN Charter

The question: What are the powers the UN Charter confers to the UNSC?

As you know, The UNSC is one of the 6 principal organs of the UN, charged with the
primordial goal of ensuring rapid and effective actions to maintain international collective
peace and security.

In that context, the powers of the UNSC are far-reaching with only few express limitations.

It is conceived as a strong executive. If it determines the existence of a

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 threat to the peace
 a breach of the peace
 or an act of aggression

It can make, with regard to that particular situation:

 Recommendations, (non-binding)
 Order provisional measures,
 Or take non-military or military enforcement measures.

Its measures under Ch. 7 consisting in decisions create an obligation and are thus binding
upon MS if the UNSC so decide.

Its enforcement powers are subject to debates.

Key argument is the scope of the notion “threat to peace” that is the condition for the use of
those powers.

How to understand this notion?

 In a restrictive view, it is “the risk of an armed conflict”,
 In a broader approach, it’s including “broader risks for human rights and
environment”.

Another argument as regard to the scope of the notion comes along with the economic
sanctions
 In a restrictive view, it is limited by human rights, proportionality and more generally
IL;
 In a broader view, some believe that the UNSC is free to decide which measures to
take.

2. The functions their evolution

how does the UNSC use its powers?

We should remember that an organ only enjoys certain powers insofar as they are
conferred on it or implied in the constituent instrument of the IO itself.

The range of powers of the UNSC is, in principle, determined by articles 39 to 42

In accordance with chapter 7, the UNSC exercises different functions. The main one, and we
will address it first, is the police function of maintaining or restoring peace through measures
such as the use of force or economic embargoes.

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According to our structure, we will talk about those 6 different functions. (See PPT)
1. police function;
2. prevention function;
3. law enforcement function;
4. quasi-judicial and dispute settlement function;
5. quasi-legislation function;
6. regulation, governance and territorial administration function;

As we just have seen, there is no consistency about the scope of the notion of ‘threat to
peace” which is the condition for the use of the powers under Ch. 7.

If there is no consistency on the scope of the key notion, you can imagine that the question
of the functions exercised by the UNSC raises difficulties.

For each function, we will try to illustrate some issues that it raises because, over time1, the
UNSC has used the Ch. 7 in a non-traditional way which has led to an evolution that is the
issue we want to address today.

As you can imagine, this has provoked harsh criticisms from those who see the UNSC as
limited to a narrow police function.

On the contrary, those arguing that there is a lack of effective international governance are
in favor of these broader powers2.

Police function

As regarding the first function, it first serve to enforce peace and may also be
addressed to states that have neither violated IL nor threaten to do so. 3 It’s a power
seen as necessary in order to reach a greater efficacy and flexibility of the collective
system. The UNSC acts merely as a “policeman” and not as a “jury”: it doesn’t have to
wait for the determination of who is right and wrong, its task is to stop the fight or
remove the threat to peace as soon as possible. UNSC was conferred with very far-
reaching powers consisting in short term measures 4 having a preliminary effect5. In

1
especially after the Cold War
2
Thus, the question is to know if the UNSC is subject to legal limits or “unbound by law” because following “a political
rather than a legal approach” of the UN Charter.
3
Art. 1 (1) requires the observance of IL only for UNSC action in the area of dispute settlement, not for measure of collective
security under Ch. 7. This is somehow a departure from the general idea of a collective action under the League of Nation
that was based on a powerful collective reaction against the aggressor. This departure was seen as necessary in order to reach
a greater efficacy and flexibility of the collective system.
4
Even though the UNSC can regulate State behavior for extended periods of time.
5
Definitive settlement of the conflict was left to the parties or the procedures under Ch. 6.

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principle, measures taken with this respect do not possess the character of sanctions
against a law breaker.

The UNSC practice6 has exceeded this very traditional police function approach in
several respects: it has taken measures amounting to the settlement of disputes, it
has act as a quasi-judicial body, it has enacted quasi-legislative measures beyond
particular crisis, and it has used ch.7 to administer territories as well as reform
political and institutional systems. We will see it in the 5 other functions. But before
that I would like to introduce you the police function exercise.

Police function is exercise through peacekeeping operations 7. They presuppose "the

existence of any threat to the peace, breach of the peace, or act of aggression"
decided by the Security Council. Depending on the situation, the Security Council
decides whether or not to establish a peacekeeping operation.

The role of the deployed forces is

 Support humanitarian operations
 To support the peace process (To observe a ceasefire and the movement of
troops from both sides of the conflict. To undertake disarmament,
demobilization, reintegration and repatriation operations)
 To provide assistance in the field of Human Rights
 To ensure public order

A peacekeeping mission is a military or police action. It is undertaken by the United

Nations through the Department of Peacekeeping Operations in response to a
regional crisis. The United Nations asks its member countries to participate as troops:
peacekeepers or observers are deployed . They work alongside with the UN Police
and civilian colleagues to promote stability, security, and peace processes, they
protect personnel and property and they work with local communities, and security
forces promote lasting peace. All together they form the Blue Helmet. In many
missions, protection of civilians is at the heart of United Nation’s mandate. Blue
Helmets are protecting populations against threats and contributing to a secure
environment.

All military personnel working under the Blue Helmet are first and foremost members
of their own national armies and are then seconded to work under the command and
control of the UN. The first military deployment was in 1948 when the Security
Council authorized the deployment of UN military observers to the Middle East to
monitor the Armistice Agreement between Israel and its Arab neighbors.

6
Especially after the Cold War
7
Legault Albert. Organisation et conduite des opérations de maintien de la paix. In: Politique étrangère, n°4-5 - 1967 -
32ᵉannée. pp. 369-396.

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The UN can only deploy military personnel when there is a UN Security Council
resolution authorizing them to do so. The Security Council will determine how many
military personnel are required, and UN Headquarters will liaise with the Member
States to identify personnel and deploy them.

Some examples of the issues concerning peacekeeping operations and peacekeepers:

● Force composition: the choice of forces should be made on the basis of the available
contingents, taking into account those who have no immediate interest in the
conflict. The forces must be neutral, and the Organization must take into account the
interests of the host State.

● Freedom of movement: for the smooth and successful conduct of the operation,
deployed forces must have freedom of movement. Freedom of movement must take
into account the military positions of the different parties to the conflict. There are
no rules in this area; the mission commander must exercise caution in the choices he
makes.

● The Duration of the operation is also an issue that needs to be legally regulated. Who
between the host country and the United Nations should decide on the withdrawal
of deployed forces and the end of the mission?

Prevention function
Chapter 6, Art. 33 UN Charter The use of this article is very limited.

Police function and prevention are intrinsically linked. It is generally accepted that the UNSC
enjoys the power to act against threats to peace well before a conflict erupts. Over time, it
has extended its role in conflict prevention.

For instance:

 Non-military sources of instability in the economic, social, humanitarian and ecological

fields have become threats to peace and security. (since 1992)

 Broader generalized risks addressed in its resolutions such as climate change or food
security. (since 2000)

 The shift as regarding terrorism and non-proliferation consist in broad quasi-legislative

action. (we will address this later)

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This evolution has provoked criticism of many MS that would rather see those subjects dealt
by another UN organ.

Conflict prevention may be carried out by the Secretary General, acting personally; through
officials, institutions or programs by the Security Council and/or the General Assembly; by a
specialized organization; by an organization in cooperation with the United Nations.

As defined by Secretary-General Boutros-Ghali (Schricke, 1992), preventive diplomacy action

prevents disputes from arising between the parties, prevent disputes from escalating into
conflict and limit escalation of violent conflict when they occur.

Preventive diplomacy is the most widespread, oldest and traditional way of preventing
conflict. It implies Short-term action by influencing potential actors in a conflict on the eve
of its release.

The concept is found in Article 33, Chapter VI of the Charter of the United Nations. This
article provides that: "The parties to any dispute whose extension is likely to threaten the
maintenance of peace and security. The international community must seek a solution, first
and foremost, through negotiation, investigation, mediation, conciliation, arbitration,
adjudication, judicial settlement, recourse regional organizations or agreements, or by other
peaceful means of their choice. »

The Security Council invites the parties to settle their dispute by such means, but the use of
this article remains very limited. The prevention of conflict is essential fact through quiet
diplomacy, good offices, mediation and the process of dialogue.

Law enforcement function

 Art. 94, the SC enforces the judgements passed by the ICJ

 Possibility to establish subsidiary bodies (art. 29) such as committees,
monitoring groups or panels of experts
 UN sanctions regimes are assisted by such bodies to implement an enforce
resolutions

Apart from the task of enforcing judgements of the ICJ by virtue of art. 94, law
enforcement is a common part of its action. Note that the breach of IL is not a
precondition for an action under Ch 7.

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The UN Charter gives the possibility to the UNSC to establish subsidiary bodies if
necessary, for law enforcement such as committees, panel of experts or monitoring
groups. Over time, UNSC has established various enforcement bodies and all UN
sanctions regimes are assisted by such bodies whose primary task is to assist in the
implementation and enforcement of resolutions, which in turn results in UN member
states’ obligation to accept and execute decisions that these bodies take.

When enforcement measures are explicitly taken in order to force States to respect
specific legal norms, it constitutes thus a form of countermeasures to a breach of IL. In
that way, UNSC has, somehow, established itself as a law-enforcement organ in the area
of peace and security.

For instance, It has established international criminal tribunals for former Yugoslavia and
Rwanda and a Special Tribunal for Lebanon to ensure compliance with International
Humanitarian Law. It has also threatened to adopt sanctions to enforce humanitarian
norms for the protection of children.

To enforce law, the UNSC uses two different types of operations: peace enforcement and
peace building operations.
Peace enforcement: Entails the deployment of forces where a conflict has already broken
out, the Security Council authorizes member states to intervene because their troops are
better equipped and more capable of restoring peace militarily.
Peace building: Action aimed at supporting structures that strengthen and consolidate
peace.

Quasi-judicial and dispute settlement function (Chapter 7, art. 41 UN Charter)

 Power to adjudicate
 Adopt binding measures amounting to the settlement of disputes
 Maintenance of peace beyond the Charter’s limits (preliminary measures
only)
 Exclusion ? The imposition of specific terms of settlement
 What to do with SC legal determination ?

Apart from this law enforcement function as explained by Elsie, the UNSC has also exercised
a power to adjudicate.
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For instance, in the political conflict in Ivory Coast, it has affirmed the electoral victory of one
of the candidates among different steps to enforce the peace agreement.

Also, it has sometimes adopted binding measures amounting to the settlement of disputes.
For instance, by establishing subsidiary organs for the demarcation of the boundary between
Iraq and Kuwait and the determination of the reparation due.
= The UN Compensation Commission (UNCC) established by the UNSC after the 1991 Iraq vs.
Kuwait war.

This tendency, although conductive to the maintenance of peace, goes far beyond what is, in
principle, foreseen in the Charter: which is
 preliminary measures
 excluding the imposition of specific terms of settlement by the UNSC.

In consequence, a legal determination by the UNSC should be interpreted, in case of doubt,

as
 possessing only a preliminary character
 allowing for challenges after the end of the conflict.

Those kind of determinations and dispute settlement measures

 should remain an exception,
 when indispensable for the police function exercise,
 limited to particular situations
 and subject to specific controls.

With regard to this function, let us say a few words on the sanctions that can be taken.
Under Article 41, sanctions encompass a wide range of coercive measures excluding the use
of force.
Article 41: The Security Council may decide what measures not involving the use of armed
force are to be employed to give effect to its decisions, and it may call upon the Members of
the United Nations to apply such measures. These may include complete or partial
interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other
means of communication, and the severance of diplomatic relations.

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Security Council sanctions take various forms and serve various purposes. They range from
broad economic and trade sanctions to more targeted measures, such as arms embargoes,
travel bans and financial or commodity restrictions. The Security Council has applied
sanctions to support peaceful transitions, deter unconstitutional change, combat terrorism,
protect human rights and promote non-proliferation. Each sanction is administered by a
sanctions committee chaired by a non-permanent member of the Security Council.
According to Kofi Annan, "while sanctions may in some cases appear to be effective tools,
some types of sanctions, particularly economic sanctions, are blunt instruments that often
inflict severe suffering on the civilian population without affecting the protagonists".

To respond to the remark of Kofi Annan, Resolution of the General Assembly was written on
16thDecember 2009 (A/RES/64/115): Sanctions “should be carefully targeted at specific and
legitimate objectives, and applied in a manner that respects the balance between the
effective achievement of those objectives and the adverse consequences they may have for
populations and third States, in particular in the socio-economic and humanitarian fields”

Quasi-legislation function

Remember what we said, it is conceived as a strong executive. Indeed, Chapter 7 allows for
binding measures. Thus, UN Charter authorizes it to create new laws and act somehow as “a
legislator”.

It can regulate State behavior worldwide and for extended periods of time. For instance, in
Iraq, embargoes were in force for years.

Although this constitutes LEGISLATION “IN FORM”, it is, in principle,

 confined to SPECIFIC SITUATIONS,
 having only PRELIMINARY EFFECTS
 and ENDING when the THREAT to peace DISAPPEARS.

Such law creation can be regarded as analogous to EXECUTIVE regulation.

However, to some extent, the UNSC takes part in a broader law-making exercise. Few
examples:

1. As an indirect result of short-term regulations such as

economic embargoes, because they can lead to changes in
State’s behavior that remains after the end of the conflict and
sanctions lifted.

2. Also, the UNSC produces quasi-legislative effects through the

affirmation and concretization of legal standards,

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3. It has also adopted more openly legislative measures. 2

examples:

(1) RES 1373 (2001) creating obligations for States to take

actions against terrorism in general, using ch. 7, not confined
to a concrete case and binding on all MS provisions contained
in previous anti-terrorism conventions.

(2) when the UNSC created a set of binding rules on the non-
proliferation of weapons of mass destruction to non-state
actors, without a link to a particular crisis and destined to set
general norms.

Despite obvious functional benefits, this goes well beyond the

role and actions conferred initially to the UNSC. Ch.7 doesn’t
assign legislative powers to deal with generic threats through
general norms. In the contrary, it only grants the UNSC with
mandatory power of actions in specific crisis.

Regulation, governance and territorial administration

The UNSC has also moved beyond its narrow police functions with regards to regulation and
governance, motivated mainly by efforts to strengthen the anti-terrorism actions. It is helped
in this task by Sanctions Committees .

The UNSC has created extensive regulatory and administrative structures to give more
power to its resolutions. Part of this has been done toward a deep involvement in the
internal structures of States trying to establish institutional safeguards against recurrence of
certain threats.

Ex.: in its resolution on non-proliferation, it required States to establish effective - border

and export - controls as well as law enforcement mechanisms for detecting potential efforts
at the proliferation of weapons.

The UNSC engagement with internal structures of States has gone even further in the
administration of territories in the late 1990’s on the basis of Ch. 7.Ex.: the administrations
established in 1999 for Kosovo and East Timor were very comprehensive including the
exercise of all government functions and the enforcement through military components and
police forces.

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Conclusion:

As we have seen, the UN Charter and particularly Chapter 7 confers different powers to the
UNSC. The scope of the key notion allowing the UNSC to use the chapter 7 is facing
inconsistency. That leads to uncertainty as regard to the functions of the UNSC. Over time,
we have seen an evolution in the use of the powers conferred and some questions it raises.
While it is true that an organ enjoys the power only conferred on it or implied in the
constituent instrument of the organization, this evolution calls for a redefinition of the limits
to the UNSC action. As we introduced you to the UNSC functions, we could not address this
topic today. But we would like to bring a reflection on the question of the legitimacy of the
organ regarding the powers and functions we have just mentioned above as it opens the
debates on the limits to the UNSC action.

The veto privilege of the five permanent members remains the chief cause for the
undermined credibility of the United Nations and its inability to function as a democratic
body. The 5PM secured their permanent voting privilege in the Security Council through
Arts. 108 and 110, para. 3: They made the acceptance of the proposed Charter and any later
amendments dependent upon their concurring votes as permanent members of the Security
Council. Meaning the UN Charter is amendable only with their consent.

The Preamble of the UN charter envisaged creating a new world order based on freedom
and equal rights for all nations however in article 27 of the UN charter they overruled the
principle by granting the 5PM the veto right. Integrating the Yalta voting formula (now the
basis for Art. 27) in the UN charter brings about inequality as small- and medium-sized states
are especially powerless vis—vis a system that reduces them to mere spectators when
important issues, (Art. 39 ) are at stake.

More so, Art. 23, para. 1 declares that when electing the non-permanent members of the
Security Council, the General Assembly should give highest consideration to a state’s
contribution to the maintenance of international peace and security, whereas the sincerity
of the permanent members never undergoes such examination.

Furthermore, the UNSC has not been able to tame the hegemonic US that acts unilaterally
disregarding the UNSC procedures and decisions.

Example Trump’s withdrawal from the Joint Comprehensive Plan of Action (JCPOA) the
multilateral agreement to restrict Iran’s ability to acquire and develop nuclear weapons.
Seeking out the UNSC’s approval for actions, and then abiding by its resolutions, is a social
norm that is to be obeyed by all other states.

However, the inconsistent application of the principles of the UN Charter undermines the
good intentions of previous collective security measures thereby weakening the credibility of
the UN Charter.
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More so, lack of consequential measures from the UNSC for such acts exposes its
inefficiency. It has therefore become obvious that the Security Council can by no means be a
regularly effective authority vis-à-vis the other states in upholding international law. Power
politics causes the selective application of the norms of international law and renders them
de facto obsolete. This inconsistency produces a climate of legal insecurity where even the
sanctions and enforcement measures provided for in the Charter forfeit their obligatory and
morally binding character.
What do you think about that?

o Objectives
and
principles –
Preamble

Very integrationist
approach. We are
speaking in the name
of peoples of the
United Nations and
not in the names of
the States.
Cooperation and
principles are the key
word.

The spirit of the UN is also to create conditions

around the world to prevent the threat to the peace.

“collective measures” involve the use of force and there

is also “peaceful means”. There are two way to prevent
the peace : collective measures and peacefuls means.
Peaceful means can play a role as well when there is a
dispute. We don’t have to see it as Alpha/Omega.
Peaceful means is in the Chapter VI.

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o The Security Council

 Primary responsibility for the maintenance of international peace and security (Art

24, UN Charter)
 Pacific settlement of disputes which are likely to endanger the maintenance of
international peace and security (Chapter VI, UN Charter)
 Enforcement measures (Chapter VII,  UN Charter)

Nature of the SC and it’s functions

 ICJ Advisory opinion on the reparation for injuries suffered in the services of the UN (1949)
 “political body, charged with political task of an important character”

Sometimes, the SC declares that this situation is a threat of peace but not in a similar case. It’s not a
judicial coherence. It’s a political coherence and so, a political organ.

 ICJ Advisory Opinion, Conditions of the Admission of a State to Membership in the UN (1948)
 “The political character of an organ cannot release it from the observance of the treaty
provisions established by the Charter when they constitute limitations on its powers or
criteria for its judgement”.

The coherence of the decisions of governments has to be made in the scope of their constitutional
rule.

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The General Assembly
Lack of enforcement power

That’s an illustration of the primacy of the Security Council !

 That’s a concrete illustration of the power of the GA against the SC. This an example of the
relation of complementary between the SC and the GA.

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The Secretary General
Implementation of the Security Council and the General Assembly Resolutions

 When the GA and the SC are paralyze, the SG can act. The SC is paralyze because of the
Permanent Members but the GA can also be paralyzes because of different political alliances.

The ICJ
Development of international law on peace and security
Later

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o Regional organizations
What is the legal basis of this kind of organization? The founding treaty and the Chapter VIII of the
Charter of UN

PRESENTATION
The Organization of American States (OAS) 

 
 Regional body focused on peace and security in the Western Hemisphere  
 The OAS Charter as founding treaty  
 Signed in 1948 in Bogota 
 Gather 35 signatories (All of American Continent)  
 Headquarters in Washington D.C. 
 
Use of force at the WORLD LEVEL for IOs:  
 (namely) UNSC authorization   
 
But what about the regional level ? Distinction between :  
 
 Security activities (peacemaking or peacekeeping operations)  UNSC authorization +
consent of the State where force will be used  
 
 Collective self-defence activities  NO authorization of the UNSC required  
 
 Those two aspects are present in the Organization of American States, although not easy
to distinguish:  
 
 Pacific settlement of disputes 
 
Article 24 
International disputes between Member States shall be submitted to the peaceful
procedures set forth in this Charter. 
This provision shall not be interpreted as an impairment of the rights and obligations of
the Member States under Articles 34 and 35 of the Charter of the United Nations. 
Article 25 

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The following are peaceful procedures: direct negotiation, good offices, mediation,
investigation and conciliation, judicial settlement, arbitration, and those which the parties
to the dispute may especially agree upon at any time. 
 

 Collective self-defence activities 
 
Article 28 
Every act of aggression by a State against the territorial integrity or the inviolability of the
territory or against the sovereignty or political independence of an American State shall be
considered an act of aggression against the other American States. 
Article 29 
If the inviolability or the integrity of the territory or the sovereignty or political
independence of any American State should be affected by an armed attack or by an act of
aggression that is not an armed attack, or by an extracontinental conflict, or by a conflict
between two or more American States, or by any other fact or situation that might
endanger the peace of America, the American States, in furtherance of the principles of
continental solidarity or collective self-defence, shall apply the measures and procedures
established in the special treaties on the subject. 
 
 Comparison can of course be made with article 5 of the NATO treaty.  
 
 
 
  
The European Union 

 Nobel Committee said in 2012 their decision of choosing the EU for

the nobel peace price was based on the 'stabilising role the EU played in transforming
most of Europe from a continent of war to a continent of peace'. 
 Achievement of peace is also enshrined in their charta with Article 3 TEU 
 
“1. The Union's aim is to promote peace, its values and the well-being of its peoples. 
2. The Union shall offer its citizens an area of freedom, security and justice without internal
frontiers, in which the free movement of persons is ensured in conjunction with appropriate
measures with respect to external border controls, asylum, immigration and the prevention
and combating of crime. 
…. 

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5. In its relations with the wider world, the Union shall uphold and promote its values and
interests and contribute to the protection of its citizens. It shall contribute to peace, security,
the sustainable development of the Earth, solidarity and mutual respect among peoples, free
and fair trade, eradication of poverty and the protection of human rights, in particular the
rights of the child, as well as to the strict observance and the development of international
law, including respect for the principles of the United Nations Charter.” 
 
 Article 3(5) TEU includes the contribution to peace first among the objectives of the
EU's relations with the wider world. These and other named objectives guide the EU
in all facets of its external action
 
 Although common markets, common currencies and customs unions are not unusual,
the EU has evolved from that level into a political community with its own
institutions, legal system, policies, values and principles.
 
 In spite of suffering from the impact of the multiple crises of the past decade this 'EU
model' of integration has been at the heart of the EU's 'soft power' of attraction in
other regions such as Latin America, Africa and Asia.
 
 Since the creation of the CFSP with the Treaty of Maastricht in 1992, it has become
increasingly clear that, in order to pursue the aims of its external relations effectively,
the Union needs to be able to speak with one voice and take common – or
coordinated – action.

 Treaty of Lisbon created the position of the 'High Representative of the Union for
Foreign Affairs and Security Policy', which steers EU foreign policy, represents the EU
in diplomatic negotiations and international fora, including the UN, coordinates the
EU's foreign policy tools (development assistance, trade, humanitarian aid and crisis
response) and helps build consensus between the 27 EU Member States.
It is assisted by the European External Action Service, the European Union's
diplomatic service, also created by the Treaty of Lisbon.

 On the substantive level, the first major effort to strengthen the EU's presence as a
global actor - by defining specific principles, aims and tools - was the elaboration in
2003 of the European Security Strategy and more recently the 2016 EU Global
Strategy.

 The EU has made the promotion of peace a quintessential part of its enlargement
policy, offering the EU membership perspective as an incentive for applicant
countries to consolidate peace and stability.

 Beyond their “potential members” the EU promote regional cooperation,

democratisation, rule of law and economic reforms as a prerequisite for peace
through its neighbourhood policy (ENP).
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 Moreover, the EU promotes peace through active participation in mediation and

diplomacy, including through the UN.

 The Middle East Peace Process (Israel/Palestine), Ukraine and Colombia are some
examples of the wide-ranging involvement of the EU in diplomatic talks for peace. 

The Council of Europe 

 
 Date of birth: 1949 
 Role: monitor developments in all MS 
 European Convention on Human rights (and more than 200 other
international conventions) 
o Defends the 3 major aspects of the CoE: 
 Democracy 
 Human rights 
 State of law 
 Initial goal: make the 47 member states come together through shared standards 
 Headquarters: Strasbourg, France but there are subdivisions all around Europe 
o European Court of Human Rights 
 Makes sure that the Convention is applied in all MS 
o Parliamentary assembly (Palais de l’Europe) 
 Discusses issues and asks the European government to take initiatives
and report back 
 Elects the secretary general (now: Marija Pejčinović Burić) 
o Committee of Ministers 
 Governing body where everyday decisions are taken by
the countries ambassadors 
 Asks advice to the Parliamentary Assembly, the driving force of
the CoE. 
o Congress of local and regional authorities 
 MS talk about democracy and improve local governance 
 Monitors local and regional elections in Europe 
o European Court of Human Rights (for individuals) 
 Individuals can bring complaints to the Strasbourg Court once all
possibilities of appeal have been exhausted in their home country 
 In they win, the Court can sanction governments and ask them to
improve their laws and practices 
o Independent institution of the CoE: Commissioner for Human Rights 

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 Currently Dunja Mijatović 
 Speaks to the media, meets civil society, speaks to governments 
 Provides advice on Human Rights in all 47 MS 

 Noticeable conventions and acts 

o Abolishment of the death penalty, prevention of torture, social charter,
protection of national minorities, the convention on cybercrime, on human
trafficking, on sexual exploitation of children, on violence against women, on
counterfeit medicine (medicrime), etc 

NATO 

 
General 
Actually 29 MS 
Created in 1949 
It represents almost a billion citizens and half the world’s military power 
 
 
Basic Points 
Political : NATO promotes democratic values and enables members to consult and
cooperate on defence and security-related issues to solve problems, build trust and, in the
long run, prevent conflict. 
 
Military : NATO is committed to the peaceful resolution of disputes. If diplomatic efforts
fail, it has the military power to undertake crisis-management operations. These are carried
out under the collective defence clause of NATO's founding treaty - Article 5 of the
Washington Treaty or under a United Nations mandate, alone or in cooperation with other
countries and international organizations. 
 
The key section of the treaty is Article 5. Its commitment clause defines the casus foederis. It
commits each member state to consider an armed attack against one-member state, in
Europe or North America, to be an armed attack against them all. 
 
It has been invoked only once in NATO history: by the United States after the September 11
attacks in 2001. The invocation was confirmed on 4 October 2001, when NATO determined
that the attacks were indeed eligible under the terms of the North Atlantic Treaty. 
  

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In April 2012, Turkish Prime Minister Tayyip Erdoğan considered invoking Article 5 of the
NATO treaty to protect Turkish national security in a dispute over the Syrian Civil War. The
alliance responded quickly and a spokesperson said the alliance was "monitoring the
situation very closely and will continue to do so" and "takes it very seriously protecting its
members." Finally they didn’t use it 
 
General Highlights 
 NATO is a crisis management organisation that has the capacity to undertake a wide
range of military operations and missions. 
 Approximately 20,000 military personnel are engaged in NATO operations and
missions around the world, managing often complex ground, air and naval operations in
all types of environment. 
 Currently, NATO is leading operations in Afghanistan, Kosovo and the
Mediterranean. 
 In 2018, NATO initiated a training mission in Iraq, which aims at developing the
capacity of Iraq’s security forces, its defence and security institutions, and its
national defence academies. 
 NATO is also supporting the African Union and conducting air policing missions on the
request of its Allies.  
 It also carries out disaster relief operations and missions to protect populations
against natural, technological or humanitarian disasters. 
 The tempo and diversity of operations and missions in which NATO is involved have
increased since the early 1990s. 
 Actually 29 MS 
 Created in 1949 
 It represents almost a billion citizens and half the world’s military power 
 
NATO in Kosovo 
While Afghanistan remains NATO's primary operational theatre, the Alliance has not faltered
on its other commitments, particularly in the Balkans. Today, approximately 4,000 Allied and
partner troops operate in Kosovo as part of NATO's Kosovo Force (KFOR). 
Having first entered Kosovo in June 1999 to end widespread violence and halt the
humanitarian disaster, KFOR troops continue to maintain a strong presence throughout the
territory. 
Following Kosovo's declaration of independence in February 2008, NATO agreed it would
continue to maintain its presence on the basis of UN Security Council Resolution 1244.  
 
Securing the Mediterranean Sea 
NATO operations are not limited only to zones of conflict. In the aftermath of the 9/11
terrorist attacks, NATO immediately began to take measures to expand the options available
to counter the threat of international terrorism.  In October 2001, it launched the maritime
surveillance Operation Active Endeavour, focused on detecting and deterring terrorist
activity in the Mediterranean. The operation was terminated in October 2016 and was
succeeded by Sea Guardian, a flexible maritime operation able to perform the full range of
maritime security operations tasks. 
Sea Guardian is currently performing three tasks in the Mediterranean Sea: maritime
situational awareness, counter-terrorism at sea and support to capacity-building. If decided

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by Allies, it could also perform other tasks such as upholding freedom of navigation,
conducting interdiction tasks and protecting critical infrastructure. More generally speaking,
it is helping to maintain a secure and safe maritime environment while supporting
the Alliance's three core tasks: collective defence, crisis management and cooperative
security. 
Collective defence : NATO is committed to the principle that an attack against one or several
of its members is considered as an attack against all. This is the principle of collective
defense, which is enshrined in Article 5 of the Washington Treaty. 
 
So far, Article 5 has been invoked once - in response to the 9/11 terrorist attacks in the
United States in 2001. 
 
The transatlantic link : NATO is an alliance of countries from Europe and North America. It
provides a unique link between these two continents, enabling them to consult and
cooperate in the field of defence and security, and conduct multinational crisis-management
operations together. 
 
All decisions are taken by consensus. 

 
 
The African Union 

 
General information 
 
 Current structure launched in 2002 
 55 Member States 
 Many official organs, among which : Assembly of Heads of State and Government;
Executive Council; Permanent Representatives Committee; Peace and Security Council 
 Founding treaty : Constitutive Act of the African Union 
Article 3 (Objectives) : “The objectives of the Union shall be to: (…) (f) promote
peace, security, and stability on the continent”. 
 
Peace and Security Council 
 

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 As the 2002 Protocol to the Constitutive Act states, the PSC is a “collective security
and early-warning arrangement to facilitate timely and effective response to conflict
and crisis situations in Africa” 
 Prevention, management and resolution of conflicts, post-conflict peace building and
developing common defence policies 
 Key pillar of the African Peace and Security Architecture (APSA) 
 15 members 
 AU peacekeeping operations in Somalia and in Darfur, Sudan. 
 UNAMID 
 
Article 4(h) of the Constitutive Act of the African Union 
 
Article 4 (Principles) : The Union shall function in accordance with the following
principles: (h) the right of the Union to intervene in a Member State pursuant to a decision
of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes
against humanity 
 
General conclusion 
 
 Cooperation between RO and IO 
 Cooperation between different RO 
 
Darfur / Sudan 2004 - Now
First African Union mission in 2004 but it was replace by the Joint African Union and United
Nations Peacekeeping operations (UNAMID) in 2007.
The right of the Union to intervene when there is a risk of genocide or other international
crime.

Article 52.1 UN Charter :

“Nothing in the present Charter precludes the existence of regional arrangements or
agencies for dealing with such matters relating to the maintenance of international
peace and security as are appropriate for regional action, provided that such
arrangements or agencies and their activities are consistent with the Purposes and
Principles of the United Nations.”

1. The notion of ‘regional arrangements and agencies’

Does it refer to the membership or does it refer to the focus of the Organization ? A commentators
address the matter and said : ‘it is not required that the parties to the regional agreement be
geographically neighbours. It is essential only that the actions of the organization established by the
regional arrangement be restricted to a certain area, determined in the agreement’ (Kelsen)

There are also “Mega-regional” organization like NATO

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Arrangements and Agencies can play a role in the article 52 to prevent threat to peace.

How do we know when an institution is a regional arrangement?

 There are different ways :

 The Institution say itself (degree of institutionalization)

 The practice of the other organization vis-à-vis of this organization. For example:
The American States establish by this Charter the international organization that they have
developed to achieve an order of peace and justice, to promote their solidarity, to strengthen
their collaboration, and to defend their sovereignty, their territorial integrity, and their
independence. Within the United Nations, the Organization of American States is a regional
agency (Chapter 1, Article 1, Charter of the Organization of American States)

Such Declaration are find in the practice of the Organization. There are also an example of
NATO ‘the Alliance will remain ready, on a case-by-case basis and by consensus, to
contribute to effective conflict prevention and to engage actively in crisis management …’
NATO’s Comprehensive Political Guidance (2006). Implicitely, NATO assumes his regional
subject.

 Acceptance
UNGA Resolution 120 (1947) – acceptance of the Arab League by the Assembly

The difference between Self-defence organizations and regional arrangements or agencies :

Nato is originally a self-defence organizations and in his constitutive treaty, there are no
references to his regional feature.
“The failure to distinguish between associations of nations linked by a community of interests
on the one hand, and the regional associations determined primarily by geographic
considerations on the other, has led to misunderstanding in the past, and is still the cause of
some confusion. The distinction is that under the Charter measures of self-defence, whether
individual or collective, do not require the prior authorisation of the Security Council, while,
on the other hand, enforcement actions by regional agencies (as contemplated under Article
53 of Chapter VIII) do require this authorisation. The Atlantic Treaty provides insurance
against a situation which the Security Council might be unable to control, but it in no manner
impugns the Council's authority. It recognises (in Article 7) 'the primary responsibility of the
Security Council for the maintenance of international peace and security', and it states (in
Article 5) that any measures taken by the NATO countries as the result of an armed attack
upon them 'shall be terminated when the Security Council has taken the measures necessary
to restore and maintain international peace and security'.”

2. The roles of regional arrangements and agencies

 Prevention of disputes:

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 E.g.: Sending of missions in the former Soviet Union by the OSCE (1994)

 Peaceful settlement of disputes:
 Forum for consultation and negotiation, in particular when diplomatic relations
are suspended. There are judicial means (ICJ or Arbitration) and political means. Most
of those political means involve a third party (except for the negotiation).
International organization can play a role because they exist ! An IO is a forum of
States. Physically, this is place where diplomats can meet them.
 E.g.: Role of NATO in relation to the situation in Cyprus

o Good offices
When two States are not happy together, an IO can create a channel of
communication between the two States. Here, the IO can play a good offices role.
The role is very limited.
 E.g.: Role of the OAU in relation to the border dispute between Algeria and
Morocco (agreement to withdraw the troops) (1970)

o Mediation
The role can be more active. Mediation is a process of resolving issues between
parties wherein a third party assist them in arriving at an agreement.
 E.g.: Role of the OAS in relation to a dispute between Honduras and Nicaragua
over the arbitration award of the King of Spain (1957)

o Conciliation
Conciliation is a alternate dispute resolution method in which an expert is appointed
to settle the dispute by persuading parties to reach agreement.
 E.g.: Role of the Conference of American States in relation to a border
incident involving Haiti and the Dominican Republic

3. Limits on the efficacy of regional arrangements and agencies’ action

 Geographical restrictions:
o Inter-regional disputes (ex : Falkland Island)
o Intra-State disputes (ex : civil war)
 It’s more difficult for an IO to be in involve in a territorial integrity of a State.
That’s explain why States are very reluctant that an IO come in their nationals
problems.

 Inter-States relations:
o Lack of solidarity and consensus between members

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Those political consideration can play a rol to limit the action of the IO.

 Resources:
o Financial 
o Logistic

The interaction between the organizations

The Security Council can use a regional organization to enforce a resolution.

Presentation
 Legal basis 

 Potential means of cooperation

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Supplement to an Agenda for Peace (1995)

 Consultation: exchange of information for regional conflicts’ resolutions (e.g.
UNSC-AU Joint Consultative Meeting)
 Diplomatic support: assistance to UN peacemaking/keeping activities
by means of diplomatic initiatives (e.g. AUPSC support to MONUSCO)
 Operational support: can take the forms of trainings, exercise programs
or technical means of intervention (e.g. NATO’s support to UNPROFOR) 
 Co-deployment: RO provides staff under UN supervision (e.g. ECOWAS-UN
partnership in Liberia) 
 Joint operations: mission jointly launched and financed between the UN and a
RO (e.g. Haiti and Darfur)

 Illustrative scenarios
 Europe and Mediterranean area

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 South/Central America & Caribbean

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 Africa

 Challenges and perspectives

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 The Security Council has a legal basis but maybe, sometimes, regional organization are
seen more legitimate to intervene in their “domestic” problems.

I was trying to highlight that the cooperation may be difficult for several reasons, including
the fact that
1. the UNSC might be perceived by local population as lacking the political legitimation to
address regional issues with enforcement actions;
2. unilateral interventions threat the hegemony of the UNSC and may still go unpunished;
3. both inside RO and the UNSC there is always the risk that intervention is driven (or
impeded) by the interests of "big players", while smaller players and states concerned may
be unable to effectively express their position.

Arguments “For” the UN

 The UN has an experience because it act all over the world.
 The UN has a greater legitimacy because it’s worldwide
 Regional organization are sometimes by one big States of the RO

 Q(&A?)
Why African Union intervened in the Sudan but not in Lybia ?

How to handle the conflict of interest between the Regional organization proposals and the
Security Council proposals ?

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 Policy Approach

 Legal Approach
Subsidiarity
Pacific settlement

Article 52
2. The Members of the United Nations entering into such arrangements or constituting such
agencies shall make every effort to achieve pacific settlement of local disputes through such
regional arrangements or by such regional agencies before referring them to the Security
Council.
3. The Security Council shall encourage the development of pacific settlement of local
disputes through such regional arrangements or by such regional agencies either on the
initiative of the states concerned or by reference from the Security Council.
This Article in no way impairs the application of Articles 34 and 35.
Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the maintenance
of international peace and security, shall, first of all, seek a solution by negotiation, enquiry,

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mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice.
2.The Security Council shall, when it deems necessary, call upon the parties to settle their
dispute by such means.

Article 34
The Security Council may investigate any dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether the continuance
of the dispute or situation is likely to endanger the maintenance of international peace and
security.

Article 35.1
Any Member of the United Nations may bring any dispute, or any situation of the nature
referred to in Article 34, to the attention of the Security Council or of the General Assembly

Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in
contemplation under regional arrangements or by regional agencies for the maintenance of
international peace and security.

Article 36.2
The Security Council should take into consideration any procedures for the settlement of
the dispute which have already been adopted by the parties.

Subordination
Enforcement actions
Article 53
The Security Council shall, where appropriate, utilize such regional arrangements or agencies for
enforcement action under its authority. But no enforcement action shall be taken under regional
arrangements or by regional agencies without the authorization of the Security Council […]

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Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in
contemplation under regional arrangements or by regional agencies for the maintenance of
international peace and security.

Part 2 : The “tools” of peace and security (17 march - 21 april)

Sanctions
1. Introduction
Chater VII UN Charter
Embargo v. “Targeted” / “Smart” sanctions
They are smart because they are targeted. It is supposed to be more effective. The Security
Council in the 1990s use the Chapter VII in a very creative way to create an International
Criminal Tribunal (for Rwanda, Ex-Yuguslavia). These Tribunals were not created by a treaty
but by the article 41. There were also a Special Tribunal for Lebanon. The Lebanon didn’t
ratifie the agreement with the UN and so, the Security Council enforce it with a Resolution.

There is no coherence and discontinuity in the practice of the Security Council. The raison for
that is the fact there are the veto of the Permanent Members. And there is no control on the
Security Council. It can do what they want, like create a Tribunal.

• Cold War period:

 Southern Rhodesia
 South Africa  apartheid
But why only two ? The political nature of the security council and the effect of the veto
power prevented additional measures.

• Post-cold War period:

 Iraq …
 Proliferation and diversification

2. Legal basis
Art. 39 Charter
The Security Council shall determine the existence of any threat to the peace, breach of the
peace, or act of aggression and shall make recommendations, or decide what measures shall

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be taken in accordance with Articles 41 and 42, to maintain or restore international peace
and security.

Art. 41 Charter
The Security Council may decide what measures not involving the use of armed force are to
be employed to give effect to its decisions, and it may call upon the Members of the United
Nations to apply such measures. These may include complete or partial interruption of
economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic relations.
 The list provided is not exhaustive at all !

3. The notion of “sanctions”

 Purpose: ‘The purpose of sanctions is to modify the behaviour of a party that is
threatening international peace and security and not to punish or otherwise exact
retribution’ (UNGA Res 51/242, Supplement to an Agenda for Peace)

 Sanctions, retorsions and counter-measures

 Retorsions is a measure which is intrinsically illegal act.
 Counter-measures : it refers to non-violent acts which are illegal in
themselves, but become legal when executed by one state in response to the
commission of an earlier illegal act by another state towards the former.
 Sanctions can be, in depends of the context, a retorsion or a countermeasure.
But sanctions are legal because they are decided by the Secuirty Council !

 Key issues:
• De jure: necessity and proportionality
 Do the measures are proportional and necessary ?

• De facto: effectiveness / efficacy

 Do UN Sanctions work?

UNGA Res 51/242, Supplement to an Agenda for Peace, para 14

Sanctions often have a serious negative impact on the development capacity and activity of
target countries. Efforts should continue to be made to minimize unintended side effects of
sanctions, especially with regard to the humanitarian situation and the development
capacity that has a bearing on the humanitarian situation.

 There is an awareness that Sanctions can have negative consequences to the population.
This explain why when we have a witness to move comprehensive sanctions, but those

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issues are also relevant to the individuals which are the object of the targeted sanctions. We
will see it latter.

UNGA Res 51/242, Supplement to an Agenda for Peace, para 24

More frequently resorted to in the recent past, sanctions have been causing problems of an
economic nature in third countries. The importance of the subject has been reflected in
intensive consideration of the question in its conceptual and specific forms by the General
Assembly in the last few years.

4. The types of sanctions

• Typologies:
 Object:
 Conflict-resolution sanctions
There is a conflict between States and the Sanctions have to put pressure on the
States which is responsible of the conflict (Kuwait invasion by Irak – 1990)

 Counter-proliferation sanctions
When there is a threat to the peace because there is a proliferation of weapons
(nuclear generally) (Iran, North Korea)

 Counter-terrorism sanctions
When a States support a terrorism movement (Afghanistan - 2001, Lybia - 1986)

 Addressee:
 States
 Individuals and other entities (corporations, banks…)

• Sanctions against States:

 ‘Specific’
 E.g.: Resolution 1132(1997): arm embargo against Sierra Leone following a coup
d’Etat
 ‘Comprehensive’
 E.g.: Resolution 661(1990) against Irak following the invasion and occupation of
Kuwait

• ‘Targeted’/‘smart’ sanctions against individuals and other entities:

 E.g.: Resolution 1267(1999)

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Resolution 1267 (1999)
“Determining that the failure of the Taliban authorities to respond to the demands in
paragraph 13 of resolution 1214 (1998) constitutes a threat to international peace and
security”

Resolution 1214 (1998), para 13

“Demands also that the Taliban stop providing sanctuary and training for international
terrorists and their organizations, and that all Afghan factions cooperate with efforts to bring
indicted terrorists to justice”

Resolution 1267(1999), para 4.b

“Freeze funds and other financial resources, including funds derived or generated from
property owned or controlled directly or indirectly by the Taliban, or by any undertaking
owned or controlled by the Taliban, as designated by the Committee established by
paragraph 6 below, and ensure that neither they nor any other funds or financial resources
so designated are made available, by their nationals or by any persons within their territory,
to or for the benefit of the Taliban or any undertaking owned or controlled, directly or
indirectly, by the Taliban, except as may be authorized by the Committee on a case-by-case
basis on the grounds of humanitarian need”

Resolution 1542(2002), para 1

Acting under Chapter VII of the Charter of the United Nations, 1. Decides that the provisions
of paragraph 4 (b) of resolution 1267 (1999), and paragraphs 1 and 2 (a) of resolution 1390
(2002), do not apply to funds and other financial assets or economic resources that have
been determined by the relevant State(s) to be:

(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage,
medicines and medical treatment, taxes, insurance premiums, and public utility charges, or
exclusively for payment of reasonable professional fees and reimbursement of incurred
expenses associated with the provision of legal services, or fees or service charges for routine
holding or maintenance of frozen funds or other financial assets or economic resources, after
notification by the relevant State(s) to the Committee established pursuant to resolution
1267 (1999) (hereinafter referred to as “the Committee”) of the intention to authorize, where
appropriate, access to such funds, assets or resources and in the absence of a negative
decision by the Committee within 48 hours of such notification;

(b) necessary for extraordinary expenses, provided that such determination has been notified
by the relevant State(s) to the Committee and has been approved by the Committee;

• Procedural issues: (There is movement to have a similar procedure for the sanctions with a
committee but)
 A lack of Justification for being listed
 Remedy
 Delisting
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 Issues of procedural fairness
 Issues of accountability and legitimacy

• ‘Reaction’:
 Judicial review:
 Domestic courts
 International courts
 Increased proceduralisation (there is a big difference between the first sanctions and
now)
monitoring committees, panels of experts, ombudsman…

HM Treasury v Mohammed Jabar Ahmed and Others (2010)

There is no appeal body outside the Committee to which they can complain. The individuals
themselves cannot apply directly to the Committee to have their names removed from the
list. Such requests now go to the Ombudsperson. And, if a State applies on their behalf, the
name will still not be removed unless all members of the Committee agree. There is an
obvious danger that States will use listing as a convenient means of crippling political
opponents whose links with, say, Al-Qaida may be tenuous at best.

Letter from the Chairman of the 1267 Sanction committee

Information from States suggests that financial sanctions are having an effect. The
designation of non-profit organizations that had previously provided funds to AlQaida, and
more rigorous scrutiny of transactions in the formal banking system, may have forced Al-
Qaida cells to rely more heavily on local criminal activity to finance their operations rather
than on money from elsewhere within the organisation. Large sums, while not critical to the
success of an attack, are now less likely to be available.

Use of force
Prohibition: Article 2.4 UN Charter
The first treaty which prohibited the use of force was the Drago-Porter agreement between
the USA and Argentina. It prohibited the use of force in case of recovery debt. That’s the gun-
boat diplomacy. This relate to the situation where a State (Europe) use force against a
weaker State which is not recovery their debt.

But the first prohibition of use of force was the Briand-Kellog Pact (1928). It’s jus cogens
now !

Exceptions
There is no really exception. Within the primary norm, there are three part of the same
primary norm. There are prohibition, self-defence and Chapter VII.

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Self-Defence
Chapter VII
Authorization to use force
Types of authorizations
There are situations where there are not explicit authorization. In the
Second Iraqi War, USA and UK claimed that there were an implicit
authorization to use force. We will discuss about all of types of
authorization and their legality with the UN Charter.

Peace Operations
“Pacific approach”: Observation as deterrence / Supervision of forces
withdrawal / Interposition between forces / restoration of order /
administration

“Quasi-enforcement approach”

Humanitarian Intervention and Responsibility to protect (R2P)

Concepts
It’s a duty and not a right. It’s a redefinition of what sovereignty is. The idea is that if the
State failed to respect their duty, it cannot protect themselves with the national integrity.

Wiki : “The Responsibility to Protect (R2P or RtoP) is a global political commitment which was
endorsed by all member states of the United Nations at the 2005 World Summit in order to
address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes
against humanity.

The principle of the Responsibility to Protect is based upon the underlying premise that
sovereignty entails a responsibility to protect all populations from mass atrocity crimes and
human rights violations. The principle is based on a respect for the norms and principles of
international law, especially the underlying principles of law relating to sovereignty, peace
and security, human rights, and armed conflict”.

Is R2P a self-defence, a jus cogens, a customary international law ?

Legal Status
“Unilateral” Interventions

Part 3 : Judicial review and responsibilities (28 april – 5 may)

The judicial review of United Nation Security Council (UNSC) decisions
Responsibilities of States and International organizations

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Judicial review :
Human rights
By which court ?
ECHR, ICJ, ECJ. There are complex issues about the judicial review of the Security Council
Resolution.
Interplay between legal orders

Responsibilities
Attribution
Shared Responsibility
When troops failed to intervene (Netherlands in Srebenica Genocide). Is it attributive to the
Member-States or to the UN when it’s peacekeeping operations ? Can we discuss about the
shared-responsibility ?

Q&A (12 May)

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