Chapter VII of the United Nations Charter in the context of "United Nations Security Council"

⭐ In the context of the United Nations Security Council, Chapter VII of the United Nations Charter is primarily considered what?

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⭐ Core Definition: Chapter VII of the United Nations Charter

Chapter V of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It gives the Security Council the authority to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security.”

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👉 Chapter VII of the United Nations Charter in the context of United Nations Security Council

The United Nations Security Council (UNSC) is one of the six principal organs of the UN system and is the primary organ charged with ensuring international peace and security. Its powers as outlined in the UN Charter include authorizing military action, establishing peacekeeping operations, recommending the admission of new members to the UN General Assembly, approving any changes to the Charter, and enacting international sanctions. Chapter VII of the UN Charter gives the Security Council the power to identify threats to international peace and security and to authorize responses, including the use of force. Security Council resolutions adopted under Chapter VII are binding on UN members and are therefore a source of international law. The Security Council is the only UN body with the authority to issue resolutions that are binding on its member states.

Like the United Nations as a whole, the Security Council was created after World War II in 1945 in the hope of preventing future wars and maintaining world peace, as the League of Nations had been formed following World War I. It held its first session on 17 January 1946 but was largely paralyzed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War, the Congo Crisis, and peacekeeping missions in Cyprus, West New Guinea, and the Sinai Peninsula. With the collapse of the Soviet Union, UN peacekeeping efforts increased dramatically in scale, with the Security Council authorizing major military and peacekeeping missions in Kuwait, Namibia, Cambodia, Bosnia and Herzegovina, Rwanda, Somalia, Sudan, and the Democratic Republic of the Congo.

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Chapter VII of the United Nations Charter in the context of Sovereignty

Sovereignty can generally be defined as supreme, independent control and lawmaking authority over a territory. It finds expression in the power to rule and make law. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. Under international law, sovereign states are all considered equal, and no state can interfere with the internal affairs of another sovereign state. While Article 2(7) of the UN Charter explicitly recognizes the sovereignty of states, and in general there is a principle of non-interference in the domestic affairs of sovereign states, the UN Security Council’s Chapter VII powers clearly contemplate the use of force against a state when necessary to restore peace. Further, the recent Responsibility to Protect (R2P) authorizes the United Nations to take action to “avert a humanitarian catastrophe” within a state when that state’s government cannot or will not act.

A state is generally considered to have sovereignty over a territory when it has consistently exercised state authority there without objection from other states. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.

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Chapter VII of the United Nations Charter in the context of International sanctions

International sanctions are political and economic decisions that are part of diplomatic efforts by countries, multilateral or regional organizations against states or organizations either to protect national security interests, or to protect international law, and defend against threats to international peace and security. These decisions principally include the temporary imposition on a target of economic, trade, diplomatic, cultural or other restrictions (sanctions measures) that are lifted when the motivating security concerns no longer apply, or when no new threats have arisen.

According to Chapter VII of the United Nations Charter, only the UN Security Council has a mandate by the international community to apply sanctions (Article 41) that must be complied with by all UN member states (Article 2,2). They serve as the international community's most powerful peaceful means to prevent threats to international peace and security or to settle them. Sanctions do not include the use of military force. However, if sanctions do not lead to the diplomatic settlement of a conflict, the use of force can be authorized by the Security Council separately under Article 42.

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Chapter VII of the United Nations Charter in the context of United Nations Confidence Restoration Operation in Croatia

The United Nations Confidence Restoration Operation in Croatia, commonly abbreviated UNCRO, was a United Nations (UN) peacekeeping mission in Croatia. It was established under Chapter VII of the United Nations Charter and approved by the UN Security Council (UNSC) Resolution 981 on 31 March 1995. UNCRO inherited personnel and infrastructure from the United Nations Protection Force (UNPROFOR). Its command was located in Zagreb; the peacekeeping troops were deployed in four sectors named North, South, East, and West. Twenty different countries contributed troops to the mission.

UNCRO started with more than 15,000 troops taken over from UNPROFOR; the personnel count was gradually reduced to approximately 7,000 by the end of the mission in early 1996. South Korean diplomat Byung Suk Min was the civilian head of the mission, while the military commanders of UNCRO were Generals Raymond Crabbe and Eid Kamal Al-Rodan. UNCRO was linked with UNPROFOR, which remained active in Bosnia and Herzegovina, and with the United Nations Preventive Deployment Force (UNPREDEP), which was deployed in the Republic of Macedonia. The mission was terminated on 15 January 1996 by UNSC Resolution 1025, passed on 30 November 1995. Sixteen UNCRO troops were killed, including four during Operation Storm in August 1995.

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Chapter VII of the United Nations Charter in the context of United Nations Security Council Resolution 814

United Nations Security Council resolution 814, adopted unanimously on 26 March 1993, after reaffirming resolutions 733 (1992), 746 (1992), 751 (1992), 767 (1992), 775 (1992) and 794 (1993) on the ongoing civil war in Somalia, the council, acting under Chapter VII of the United Nations Charter, authorised an extension of the United Nations Operation in Somalia II (UNOSOM II) until 31 October 1993.

The resolution began by indicating its appreciation to the Secretary-General Boutros Boutros-Ghali for convening the Conference on National Reconciliation for Somalia in which some progress was made and that a wide range of Somali people were represented. It also welcomed the convening of the Third United Nations Coordination Meeting for Humanitarian Assistance for Somalia in Addis Ababa from 11 to 13 March 1993. The Council then requested the secretary-general, through his special representative, to:

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Chapter VII of the United Nations Charter in the context of Self-defence in international law

International law recognizes a right of self-defense according to the Chapter VII, Article 51 of the UN Charter, as the International Court of Justice (ICJ) affirmed in the Nicaragua Case on the use of force. Some commentators believe that the effect of Article 51 is only to preserve this right when an armed attack occurs, and that other acts of self-defence are banned by article 2(4). Another view is that Article 51 acknowledges the previously existing customary international law right and then proceeds to lay down procedures for the specific situation when an armed attack does occur. Under the latter interpretation, the legitimate use of self-defence in situations when an armed attack has not actually occurred is still permitted, as in the Caroline case noted below. Not every act of violence will constitute an armed attack. The ICJ has tried to clarify, in Nicaragua Case, what level of force is necessary to qualify as an armed attack.

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