SOMALIA HUMANITARIAN INTERVENTION 1992-1993 by G. P. ...

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640 G. P. Valladares 5. MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY - THE UNITED NATIONS CHARTER CHAPTER VII - SECURITY COUNCIL RESOLUTIONS The Maintenance of International Peace and Security is the fundamental role of the United Nations as well as its primary purpose (art. 1.1. of UN Charter). The Charter contains a whole system that aims at this object, which has been complete by the United Nations practice in this respect. Chapter VI and VII deal with the peaceful settlement of disputes and with the actions to be taken in case of threats to the peace or aggression respectively. The lack of development of some of the mechanisms foreseen and the disagreements among the Permanent Members in the Security Council till a few years ago brought about considerable imperfections in the applications of Chapter VII of the Charter, and in order to lessen them the United Nations practice had to develop and start other mechanisms, which became explicit in the Resolution 377 (v) of the General Assembly known as "Union Pro-Peace". (v) As it has been said from the very beginning of this paper, the main purpose of the United Nations is the maintenance of the International Peace and Security. Hence, the United Nations will have to take efficient and collective measures to prevent an eliminate threat to the peace and to suppress any act of aggression or any other breach of the peace. The body that has got the fundamental responsibility of peacekeeping is the Security Council, as it is laid down by the Charter together with the General Assembly, whose competence even though being restricted in this subject according to arts. 11 and 12 of the United Nations Charter, has been broadened with the Resolution "Union Pro-peace". (v) Now, when making reference to the Security Council, art. 39 of the United Nations Charter states: the Security Council will determine the existence of any threat to the peace, breach of the peace or any act of aggression, and it will recommend or it will decide what measures are to be taken acting in accordance with arts. 41 and 42 of the Charter to maintain or restore International Peace and Security. (v) This article coincides with articles 24 and 25 of the Charter, in which the powers of the Security Council are analyzed. As regards the measures that may be adopted in the case of threats to the peace, breach of the peace or acts of aggression, they are laid down by the Charter in this way:
Somalia - Humanitarian intervention 1992-1993 641 a) The declaration of aggression, which can be made by the Security Council as provided by article 39 of the Charter of the United Nations, but which, although it contains an evident moral aspect, can be used to turn the United Nations action into a sanction against the power that has been declared as the aggressor. (v) b) Other measures are found in article 40 of the United Nations Charter, which are considered as provisional measures. The United Nations practice has confirmed the criterion that the previous declaration of aggression is not necessary to take up the provisional measures state in article 40. (v) The most well-known provisional measures - though not only the only ones - are the cease of hostilities and the establishment of the neutral zone under international supervision. c) Other measures that can be taken are those not involving the use of force. These are stated in article 41, which authorizes the Security Council to decide on this kind of measures and to urge the United Nations members on their application. Some of them can be the temporary cessation of diplomatic, maritime, postal, economic relations and others. These measures must be taken cautiously so as not to affect a third state, which would be able to appeal to the Security Council as provided in article 50. (v) d) Measures that involve the use of force, found in article 42 of the Charter of the United Nations. Till not long ago this article containing those measures of extreme seriousness which the international Organization can adopt, had not been put into practice. Somalia is an exception to this. (v) In order to carry out the measures stated in article 42, it is necessary the creation of a system of military forces in the United Nations service by signing special agreements. The carrying out of restrictive and restraining measures can be done by the Organization, by the State Members or by Regional Organizations. All the measures mentioned so far make up the so-called "Collective United Nations Security-System". 6. THE RESOLUTIONS OF THE SECURITY COUNCIL OF THE UNITED NATIONS ORGANIZATION There exists a normative power in the organizations, though not in all of them, which is evident in their actions.
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