Use of force in international law in the context of "UN Security Council"

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.

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.

Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions.

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.

International law recognises a right to collective self-defence. This allows a state to come to the aid of another state that has come under attack by a foreign power, in an exception to the prohibition on the use of force in international relations. Collective self-defence is enumerated as an inherent right in the Chapter VII, Article 51 of the Charter of the United Nations.

Humanitarian intervention is the use or threat of military force by a state (or states) across borders with the intent of ending severe and widespread human rights violations in a state which has not given permission for the use of force. Humanitarian interventions are aimed at ending human rights violations of individuals other than the citizens of the intervening state. Humanitarian interventions are only intended to prevent human rights violations in extreme circumstances. Attempts to establish institutions and political systems to achieve positive outcomes in the medium- to long-run, such as peacekeeping, peace-building and development aid, do not fall under this definition of a humanitarian intervention.

There is not one standard or legal definition of humanitarian intervention; the field of analysis (such as law, ethics or politics) often influences the definition that is chosen. Differences in definition include variations in whether humanitarian intervention is limited to instances where there is an absence of consent from the host state; whether humanitarian intervention is limited to punishment actions; and whether humanitarian intervention is limited to cases where there has been explicit UN Security Council authorization for action. Nonetheless, there is a general consensus on some of its essential characteristics: