Use of Force by the United Nations and the Principle of Sovereignty
Use of Force by the United Nations and the Principle of Sovereignty
No Thumbnail Available
Date
2015-05-04
Authors
Musa Abu Anga Kuchu, Adam
Journal Title
Journal ISSN
Volume Title
Publisher
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
Description
Keywords
Force,United Nations,Principle , Sovereignty