Chapter VII of the Charter of the United Nations

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The Chapter VII of the Charter of the United Nations entitled "Measures threat or breach of the peace and acts of aggression" . It contains Articles 39 to 51 of the United Nations Charter . In these 13 articles, the United Nations regulates the procedure for economic and military coercive measures against states by the international community.

overview

Specifically, the chapter stipulates that the United Nations Security Council identifies a threat to world peace and decides whether and which coercive measures are to be used. Various types of economic sanctions and the use of armed forces are possible . In addition, Chapter VII determines how the required troops are recruited and their command structure. Finally, Chapter VII discusses the rights of the members of the United Nations to defend themselves. Chapter VII entered into force together with the entire Charter on October 24, 1945. Since then, it has served as the basis for many far-reaching resolutions , sanctions and military missions of the United Nations.

content

The original text is available in German on the website of the United Nations Regional Information Center for Western Europe ( UNRIC ) .

Article 39

Article 39 provides that the United Nations Security Council shall identify a possible threat to world peace and take action if necessary.

Article 40

Article 40 gives the Security Council the right to call on parties involved to act and, in the event of non-compliance, to take extended measures.

Article 41

Article 41 regulates the possibilities of nonviolent measures which the Security Council can call upon the member states of the United Nations to take. These are all kinds of sanctions . Examples are full or partial

  • Interruption of economic relations
  • Interruption of rail, sea and air traffic
  • Interruption of the post, telegraph and radio connections
  • Interruption of other transport options
  • Break off of diplomatic relations

cited.

Article 42

If the measures in Article 41 do not lead to the desired success, Article 42 entitles the Security Council to use air, sea or land forces to maintain peace. The armed forces of members of the United Nations can also be used for this purpose.

Article 43

Article 43 regulates the recruitment of the armed forces mentioned in Article 42. The members of the United Nations are obliged to support the Security Council in maintaining or restoring world peace. This can be done through the provision of troops or other military services such as assistance and marching rights.

Which specific services are provided will be negotiated separately. The form of these contracts is also contained in Article 43.

Article 44

If military measures are taken, the Security Council is obliged under Article 44 to invite the troop contributing member and to participate in the decisions on the specific deployment of troops.

Article 45

Article 45 regulates the permanent availability of United Nations peacekeeping forces for urgent tasks. The strength and readiness of these contingents will be determined by the Security Council with the support of the General Staff Committee and negotiated in accordance with the provisions of Article 43.

Article 46

According to Article 46, the plans of the peacekeeping forces are determined by the Security Council with the assistance of the General Staff Committee.

Article 47

Article 47 deals with the General Staff Committee . This is supposed to advise the Security Council on military questions and consists of the Chiefs of Staff of the permanent members of the Security Council or their representatives. If necessary, other members of the United Nations can also be asked to participate. The task of the General Staff Committee is the strategic management of the armed forces according to the guidelines of the Security Council. It is also possible to set up regional sub-committees.

Article 48

According to Article 48, the Security Council can determine whether it takes peacekeeping measures alone or through all members of the United Nations. It can be carried out by the members themselves or by the organs of the United Nations.

Article 49

According to Article 49, the members of the United Nations are obliged to support each other in the peacekeeping measures that have been decided.

Article 50

In the event of coercive measures taken against a state, any other state (regardless of its membership in the United Nations) can refer to the Security Council in accordance with Article 50 for the purpose of solving economic problems that have arisen as a result.

Article 51

Article 51 regulates the self-defense of states before a possible decision by the Security Council. The self-defense measures of a member of the United Nations are not affected by the Charter, but must be reported immediately. Independently of these self-defense actions, the Security Council has the duty to take actions that it deems necessary to maintain world peace.

Resolutions, Institutions, Missions and Operations Relating to Chapter VII

The following (incomplete) list contains resolutions, institutions, missions or missions of the United Nations that refer to Chapter VII. The entries are sorted by time.

Resolutions date Facility or surgery affected Remarks swell
April 14-15, 1986 Operation El Dorado Canyon On the night of April 14-15, 1986, United States forces carried out an air strike on the Libyan coastal cities of Tripoli and Benghazi . The United States government described the attack as an act of self-defense under Article 51 of the United Nations Charter
751 April 24, 1992 United Nations Operation in Somalia I The aim of this humanitarian intervention was to secure the delivery of food aid to those affected by civil war and famine .
827 May 25, 1993 International Criminal Tribunal for the Former Yugoslavia Ad hoc criminal court responsible for prosecuting serious crimes committed since 1991 in the Yugoslav Wars.
678 , 687 and 688 January 1, 1997 - March 17, 2003 Operation Northern Watch and Operation Southern Watch Enforcement of a no-fly zone in Iraq .
1291 February 24, 2000 Mission de l'Organisation des Nations Unies en République Démocratique du Congo Peacekeeping Mission in Response to the Second Congo War
1386 December 20, 2001 International Security Assistance Force Security and reconstruction mission under NATO leadership in the context of the war in Afghanistan since 2001

literature

  • David Schweigman: The Authority of the Security Council Under Chapter VII of the UN Charter . Legal Limits and the Role of the International Court of Justice. Martinus Nijhoff Publishers, 2001 ( limited preview in Google book search).
  • Erika De Wet: The Chapter VII Powers of the United Nations Security Council . Hart Publishing, 2004 ( limited preview in Google Book Search).
  • Danesh Sarooshi: The United Nations and the Development of Collective Security . The Delegation by the UN Security Council of Its Chapter VII Powers. Oxford University Press, 2000 ( limited preview in Google Book Search).

Web links

  • Chapter VII. In: UNRIC. Retrieved on June 29, 2012 (German original text).

Individual evidence

  1. ^ Text of Resolution 751
  2. ^ Text of Resolution 827
  3. ^ Text of Resolution 1291