Use of Force by the United Nations and the Principle of Sovereignty

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Date
2015-05-04
Authors
Musa Abu Anga Kuchu, Adam
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UOFK
Abstract
The subject of this thesis is the Use of Force by the United Nations and the Principle of Sovereignty. It discusses the intervention by UN in domestic matters of member states as an exception to the general principle of nonintervention by the UN in domestic matters of member states. The exception is in the application of enforcement measures under Chapter VII. The power of the Security Council under Chapter VII is very wide power unlike that of the Council of the League of Nations. The Security Council has power to determine the situation whether there is a threat to the peace, breach of the peace or act of aggression. It can make recommendations or take nonmilitary or military enforcement measures which are binding on all member states. Also discussed are the bases for humanitarian intervention, namely, to save succeeding generations from the scourge of war, to promote and respect human rights without distinction as to race, sex, language or religion. I tried to enumerate the crimes which allow the UN to intervene for protection of human rights and humanitarian law, like crime of genocide; crimes against humanity and war crimes. These crimes are considered by Security Council as threats to international peace and security. Attention is then turn to the peacekeeping force. There are two kinds of military units, observer groups and peacekeeping forces. Their main function is to facilitate and prevent a resurgence of hostilities. According to traditional theory the main principles of peacekeeping forces are consent, impartiality and use of force only in self-defence. However, contemporaneous peacekeeping theories are protection of humanitarian operations during warfare, protecting civilian populations in safe areas, XIII maintaining civil law and order, establishing local police forces; and pressing the parties to achieve national reconciliation at a pace faster than they were ready to accept. The relations between the United Nations and contributing states has to be regulated by an agreement. The sovereignty of the host state is to be respected. Finally, it is recommended that there should be UN standing army. This should include enforcement forces whose basic function is to respond to any threat to peace, breach of international peace or acts of aggression. The use of the enforcement forces should be under Chapter VII only and there is no need for the consent of the targetted state. Peacekeeping forces can only be established when there is a peace agreeme
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Keywords
Force,United Nations,Principle , Sovereignty
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