{"title":"The United Nations Security Council and the Authorization of Force: Renewing the Council Through Law Reform","authors":"M. O’Connell","doi":"10.1163/9789047416050_009","DOIUrl":"https://doi.org/10.1163/9789047416050_009","url":null,"abstract":"In 1999, NATO members used force in the Kosovo Crisis without Security Council authorization. In 2003, the United States led a small coalition against Iraq, again, without Security Council authorization. Some commentators have called these \"failures\" of the Security Council to act. This article argues they are examples of Security Council success. Using force against Serbia and Montenegro in the Kosovo Crisis and against Iraq was inappropriate. The aftermath of force in both cases makes that apparent. The Council's decision not to authorize force in these cases should lead us to conclude that the Council's design remains sound. If we wish to improve the Council, it is not the design that should be changed but the level of Council adherence to the law of the Charter and general international law. Secretary-General Kofi Annan's High-level Panel on Threats, Challenges and Change has endorsed a view largely compatible with the one advocated here. The Panel wants no change in the role of the Security Council as the sole body to authorize the use of force in cases other than self-defense. The Panel does call for stricter adherence by the Council to such general international law principles as proportionality.","PeriodicalId":211185,"journal":{"name":"The Security Council and the Use of Force","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128607454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Security Council and the Use of Force – On Recent Practice","authors":"","doi":"10.1163/9789047416050_007","DOIUrl":"https://doi.org/10.1163/9789047416050_007","url":null,"abstract":"","PeriodicalId":211185,"journal":{"name":"The Security Council and the Use of Force","volume":"117 1-2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115621792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Attribution of Forcible Acts to States: Connections Between the Law on the Use of Force and the Law of State Responsibility","authors":"A. Nollkaemper","doi":"10.1163/9789047416050_014","DOIUrl":"https://doi.org/10.1163/9789047416050_014","url":null,"abstract":"This chapter discusses a rather narrow but nonetheless fundamental question relating to the use of force: what is the relevance of principles of attribution of the Jaw of state responsibility for assessing whether a state that has supported or failed to prevent forcible acts by private persons can be subjected to selfdefence by the state that was a victim of these forcible acts? The chapter is inspired hy several recent instances in which states used force, or considered using force, in response to forcible acts of non-state actors carried out from another state. The prime, though in many ways exceptional, example is the usc of force by the United States and the United Kingdom in Afghanistan in and after October 200 I in response to acts of AI Qaeda. The common opinion was that AI Qaeda was not an organ of Afghanistan. Yet, its acts were generally thought to justify an attack that was not only directed at AI Qacda. but that was intended to topple the de facto government of Afghanistan. The United States made 'no distinction between the terrorists who committed these acts","PeriodicalId":211185,"journal":{"name":"The Security Council and the Use of Force","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114427470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Security Council and Self-Defence: Which Way to Global Security?","authors":"Jutta Brunnée","doi":"10.1163/9789047416050_013","DOIUrl":"https://doi.org/10.1163/9789047416050_013","url":null,"abstract":"","PeriodicalId":211185,"journal":{"name":"The Security Council and the Use of Force","volume":"181 15","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114004503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}