The United Nations Security Council and War:The Evolution of Thought and Practice since 1945 (139 page)

BOOK: The United Nations Security Council and War:The Evolution of Thought and Practice since 1945
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UNSCOM (UN Special Commission) 394–6

weapons of mass destruction
see also
biological weapons; chemical weapons; nuclear weapons

capacity of SC to respond to new threats 70

IAEA (International Atomic Energy Agency) 18, 321, 394–6, 399, 400

Iraq 394, 396–400

SC Res. 1540 (2004) 612–13, 618

terrorism and 612–13, 617, 618

Webster, Charles K
68, 70, 76, 79, 80

Weizmann, Chaim
301

Welles, Sumner
75

Welsh, Jennifer
171

West Africa
466–93
see also
ECOWAS (Economic Community of West African States); Côte d’Ivoire; Liberia; Sierra Leone

Benin 631, 634

capacity-building, resources for 492

European Union 489

France 485–7, 489, 491

Guinea-Bissau 509

Nigeria 477–8, 481–2, 484, 486–7, 491, 630

perceptions of SC 485–7

regional instability

conflict management, regional approach to 470, 489

security mechanism for dealing with 467

role of SC 485–7

sanctions 489, 490

security system, development of 467–8

South Africa 491

UN Charter
Chapter VIII
467

UN Special Representative 488

United Kingdom 489

United States 489

UNOWA (UN Office for West Africa) 470, 488–9

West Irian/West Papua
500

Western European Union (WEU)
216

Western Sahara
430

Wheeler, Nicholas
537, 550, 554

Whitfield, Teresa
358

Wiranto
362–3

Wolfensohn, James
362

Wolfowitz, Paul
398

world government
17

World Summit
(2005)
see also
reform of UN; and UN High Level Panel Report

humanitarian intervention, use of force for 557–8

Peacebuilding Commission 252

Peacebuilding Support Office 252

UN Charter, limitations on use of force 91–2, 97–8

world wars, prevention of
47–8, 62

Wye River Agreements (1998)
314–15

Yalta negotiations (1945)
61, 63, 78–9, 135

Yom Kippur war (1973)
309–11

Yugoslavia, former
,
see also
Bosnia and Herzegovina; Croatia; ICTY, Kosovo; sanctions against former Yugoslavia; Serbia; UNPROFOR; UNTAES

Agenda for Peace
407

Albania 410, 423

arms embargo 52, 413, 415, 416

Austria 414

bombing campaign 407, 410, 424

Brahimi Report (Panel on Peace Operations) 407

Brioni Agreement 412–13

break-ups of countries, management of 411, 416–24

ceasefires 415–16, 418, 421, 424

China 417

collective security 407, 411–17

Conference on Security and Cooperation in Europe (CSCE) 408, 411–13, 416

Dayton talks 423

Eastern Slavonia 423–4

economic crisis 408

elections 409

European Union 408–9, 412–24, 441

France 412, 414–16

G7 413

GA 419

Germany 412–14, 418–21

Greece 423

Helsinki Principles 412, 414–15

humanitarian intervention 416

International Conference on Former Yugoslavia (ICFY) 419, 422

ICTY 38, 440

Macedonia 409–10, 413, 421–4

Montenegro 410, 413, 422

NATO 407–10, 416, 424

Ohrid Framework 423

preventive deployments 409–10

referenda 409–10

Russia 417, 424

sanctions 211, 423

SC Res. 713 (1991) 407, 408, 417, 426

SC Res. 740 (1992) 418

SC Res. 749 (1992) 421, 425, 426

SC Res. 752 (1992) 426

SC Res. 755 (1992) 419

SC Res. 758 (1992) 427

SC Res. 760 (1992) 427

SC Res. 762 (1992) 419

SC Res. 761 (1992) 427

SC Res. 764 (1992) 427

SC Res. 776 (1992) 194

SC Res. 777 (1992) 422

SC Res. 780 (1992) 427

SC Res. 781 (1992) 428

SC Res. 786 (1992) 428

SC Res. 787 (1992) 428

SC Res. 795 (1992) 422

SC Res. 816 (1993) 428

SC Res. 817 (1993) 422

SC Res. 819 (1993) 232

SC Res. 820 (1993) 426

SC Res. 824 (1993) 232

SC Res. 836 (1993) 232

SC Res. 844 (1993) 238

SC Res. 913 (1994) 431

SC Res. 914 (1994) 431

SC Res. 941 (1994) 529

SC Res. 942 (1994) 431

SC Res. 943 (1994) 431

SC Res. 970 (1994) 436

SC Res. 988 (1995) 436

SC Res. 998 (1995) 116, 436

SC Res. 1003 (1995) 436

SC Res. 1004 (1995) 436

SC Res. 1015 (1995) 436

SC Res. 1031 (1995) 90, 170, 437, 566, 573

SC Res. 1035 (1995) 437

SC Res. 1088 (1996) 170

SC Res. 1423 (2002) 164

secessions 408–10

self-determination 416–24

Serbia 407, 409–10, 413, 415–24

Slovenia 408–14, 420–1

Soviet Union 411, 414

Srebrenica

massacre 27, 116–17, 127, 199, 232–42, 436, 447

safe areas 448–50

state sovereignty 408–11, 414–15, 418, 420, 423–4

statehood, recognition of 412–15, 419–23

territorial integrity, threats to 407, 411–12, 419, 421–2

UN Protected Areas (UNPAs) 409, 418–19

United States 410–12, 417–23, 441

use of force 407, 410–19, 424

Vance-Owen Plan 418–19

weakness of SC 52

Western European Union 412

Zia-ul-Haq, Muhammed
497

‘Zionism is Racism’ – GA Res.
3379 (1975) 162, 315–16

Zisk Marten, Kimberley
578

1
This central theme in respect of the Council is similar to that in respect to the UN more generally as evidenced by many of the contributors to Thomas G. Weiss and Sam Daws (eds.),
The Oxford Handbook on the United Nations
(Oxford: Oxford University Press, 2007). Weiss and Daws accept (p. 4) that ‘state sovereignty remains the core of international relations’ and they seek to contribute to ‘greater analytical precision and historical reflection about the balance between change and continuity within the United Nations’.

2
UN Charter, Art. 7.

3
UN Charter, Art. 23. Text in italics consists of amendments that came into force on 31 Aug. 1965. Before that date the Security Council consisted of eleven members, of whom six were elected by the General Assembly. The second sentence of Art. 23(2) originally read: ‘In the first election of nonpermanent members, however, three shall be chosen for a term of one year.’

4
As the International Court of Justice stated in its discussion of the Security Council’s powers in its Advisory Opinion of 20 July 1962 on
Certain Expenses of the United Nations
: ‘The responsibility conferred is “primary”, not exclusive.’
ICJ Reports 1962
, 163. This case, which confirmed that the Security Council is within its powers in initiating peacekeeping operations and requiring member states to pay for them, is mentioned further in notes 8 and 33 below.

5
The word ‘disarmament’ is mentioned only in Art. 11(1), which is in
Chapter IV
, on the General Assembly; and in Art. 47(1), which is in
Chapter VII
, on the Security Council.

6
UN Charter, Art. 27. Text in italics consists of an amendment that came into force on 31 Aug. 1965. Before that date the requirement was for an affirmative vote of seven members (out of a total Council membership of eleven).

7
In June 1946 the Security Council adopted Provisional Rules of Procedure. Although there have been only minor subsequent changes, the last of which was on 21 Dec. 1982, the rules remain provisional. On their negotiation and content, and also the evolving role of custom, see Sydney D. Bailey and Sam Daws,
The Procedure of the UN Security Council
, 3rd edn. (Oxford: Oxford University Press, 1998), 9–18, and 441–54 for the rules themselves. The rules can also be found at
www.un.org/Docs/sc/scrules.htm
. In addition, a valuable guide to procedure and practice is
The Repertoire of the Practice of the Security Council
, issued at regular intervals by the Secretary-General at the request of the General Assembly, all volumes of which are available at
www.un.org/Depts/dpa/repertoire

8
The Security Council’s powers to establish peacekeeping operations were the key point of contention that led to the International Court of Justice’s Advisory Opinion of 20 July 1962 in the
Certain Expenses of the United Nations
case.
ICJ Reports 1962
, 163, & 175–7.

9
The term ‘enemy state’ referred to the Axis powers which had fought in the Second World War. Naturally the provisions of the Charter directed against them (i.e. those in Articles 53, 77, & 107) came to be seen as out of date. The General Assembly’s 2005 World Summit Outcome document contained a commitment to delete the references to ‘enemy states’ in the UN Charter. See ‘2005 World Summit Outcome’ of 16 Sep. 2005, UN doc. A/Res/60/1 of 24 Oct. 2005, para. 177. The ‘enemy state’ provisions of the Charter had not been amended by the end of 2007.

10
Christine Gray,
International Law and the Use of Force
, 2nd edn. (Oxford: Oxford University Press, 2004), 282–327.

11
As established in 1920, the League Council had four permanent members (France, Italy, Japan, and UK) plus four non-permanent ones, each elected for a three-year period. In the subsequent two decades the numbers of both the permanent and the non-permanent members changed. The number of non-permanent members was progressively increased. In the last such increase, by revision of 2 Oct. 1936, the Council raised the non-permanent membership from ten to eleven.

12
Much emphasis has been placed on collective security in works published in different periods of the UN’s history. See e.g. Fernand van Langenhove,
La Crise du système de sécurité collective des Nations Unies 1946–57
(The Hague: Nijhoff, 1958); Jean-Pierre Cot and Alain Pellet (eds.),
La Charte des Nations Unies: Commentaire Article par Article
(Paris: Economica, 1985), 7 & 75; and Bruno Simma (ed.),
The Charter of the United Nations: A Commentary
, 2nd edn. (Oxford: Oxford University Press, 2002), 42, 760, & 770.

BOOK: The United Nations Security Council and War:The Evolution of Thought and Practice since 1945
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