Article 42 of the Un Charter on Use of Armed Force

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  • Topic: International law, United Nations, United Nations Charter
  • Pages : 8 (2540 words )
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  • Published : November 1, 2008
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Contents

Introduction.......................................................................................................................................... 3

Article 42 of UN Charter................................................................................................................... 4 1) The UN Charter as matrix of Art.42...........................................................................................4 2) Authorising the use of force........................................................................................................5 3) Requirements of Article 42………………………………………………………………….…6 4) Measures…………………………………………………………………………………….….7
The implementation of the measures………………………………………………………..………8 1)Art.42 vs. Art.51…………………………………………………………………...………….8 2)Art.42 vs. Art.43………………………………………………………………………...……..9

Conclusion……………………………………………………………………………………………10

Bibliography………………………………………………………………………………………….11

Introduction

International law governs international relations both in time of peace and in time of armed conflict. It covers a plenty of fields. It also regulates the circumstances in which states may use armed force (traditionally termed ius ad bellum) and the way in which armed force is actually used ( termed ius in bello or the law of war, international humanitarian law applicable in armed conflict). Since its creation, the United Nations has helped resolve a number of conflicts, both regional and global. Unlike other organs of the United Nations, the Securty Council is the only body whose resolutions, when adopted under Chapter VII, are binding on all states.

In respect of the enforcement powers under Chapter VII of UN Charter the primary responsibility for the maintenance of international peace and security was confered upon Security Council, in general we call it peace-keeping power. Boleslaw Adam Boczek argues in his book of International Law: A Dictionary , that the term “peacekeeping” does not appear in the UN Charter, and it is not entirely clear which of its provisions constitutes the legal basis for this kind of UN activity. As he explains further : “However, one can identify a number of articles concerning the powers of the Security Council (SC), including those specified in Chapters VI (pacific settlement of disputes) and VII ( Action with respect to threats to the peace, breaches of the peace and acts of aggression), which could provide a legal basis for peacekeeping.” Whole concept of the Council “authorizing” states to use force gives rise to a number of questions. What is the scope of the mandate? How it is to be interpreted? What is its duration? Who is the authorized party? Lines of responsibility and accountability, and so on...

Unfortunately these questions ( which are closely linked to Art. 42 of UN Charter) only could be answered in a more all embracing workmanship. This paper took shape over the course of Public International law, which during even short period brought near lot of interesting views and topics. The paper is devided into chapters analyzing the Art.42 itself, but also in coherence with all relevant articles of UN Charter.

Article 42 of UN Charter

1) The UN Charter as matrix of Art.42

It seems likely that Article 42 of UN Charter can´t be taken in isolation. In particular its tied to Article 41 which simply said implies that UN would have tried something first. Also important Articles 39, 40 and 43 have to be taken into consideration (not just these).

As the fundament, undoubtedly, Art.2(4) arises, a supertemporal dogmata that make us more understand the purpose of UN Charter. Pursuant to this provision, all members shall refrain in their international relations from the threat or use of force. Today this “cornestone of peace in the Charter” constitutes the basis of any discussion of the problem of the...
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