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effect of a recent united nations security council resolution

effect of a recent united nations security council resolution

Opinions

Opinions of the Office of Legal Counsel in Volume 26AppendixUNSCRs Authorizing the Use of ForceKorea: UNSCR 83 (1950): “Recommends that the Members of the United Nations furnish suchassistance to the Republic of Korea as may be necessary to repel the armed attack and to restoreinternational peace and security in the area.” S.C. Res. 83.Termination: This resolution does not appear to have been terminated.Iraq: UNSCR 678 (1990): “Acting under Chapter VII of the Charter . . . [a]uthorizes MemberStates co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991fully implements . . . the aforementioned resolutions, to use all necessary means to upholdand implement resolution 660 (1990) and all subsequent relevant resolutions and to restoreinternational peace and security in the area.”Termination: This resolution has not been terminated.Somalia: UNSCR 794 (1992): “Acting under Chapter VII of the Charter of the United Nations,authorizes the Secretary-General and Member States cooperating . . . to use all necessary meansto establish as soon as possible a secure environment for humanitarian relief operationsin Somalia.” S.C. Res. 794, 10.UNSCR 814 (1993) expanded the U.N. Operation in Somalia (“UNOSOM II”) “for an initialperiod through 31 October 1993, unless previously renewed by the Security Council.” S.C. Res.814, 6.Termination: UNSCR 954 (1994) “decides to extend the mandate for UNOSOM II for a finalperiod until 31 March 1995.” S.C. Res. 954, 1.Rwanda: UNSCR 929 (1994): “Acting under Chapter VII of the Charter of the United Nations,authorizes the Member States cooperating with the Secretary-General to conduct the operationreferred to in paragraph 2 above using all necessary means to achieve [certain] humanitarianobjectives.” S.C. Res. 929, 3. (Paragraph 2 welcomes the establishment of a temporaryoperation under national command and control aimed at contributing to the securityand protection of displaced persons, refugees and civilians at risk in Rwanda.)Termination: UNSCR 929 contains its own termination date, specifying that “the missionof Member States cooperating with the Secretary-General will be limited to a period oftwo months following the adoption of the present resolution,” if not earlier. Id. 4.Haiti: UNSCR 940 (1994): “Acting under Chapter VII of the Charter of the United Nations,authorizes Member States to form a multinational force under unified command and control and,in this framework, to use all necessary means to facilitate the departure from Haiti of the militaryleadership, consistent with the Governors Island Agreement, the prompt return of thelegitimately elected President and the restoration of the legitimate authorities of the Government8

Effect of U.N. Security Council Resolution on the Authority to Use Military Force Against Iraqof Haiti, and to establish and maintain a secure and stable environment that will permitimplementation of the Governors Island Agreement.” S.C. Res. 940, 4.Termination: UNSCR 940 “decides that the multinational force will terminate its mission . . .when a secure and stable environment has been established,” as determined by the SecurityCouncil, taking into account recommendations from Member States of the multinational force(“MNF”). Id. 8. In UNSCR 975 (1995), the Security Council made such a determinationand provided for a full transfer of responsibility from the MNF to the UN Mission in Haitiby March 31, 1995. S.C. Res. 975, 5, 7.Former Yugoslavia: UNSCR 770 (1992): “Calls upon States to take nationally or throughregional agencies or arrangements all measures necessary to facilitate in coordination with theUnited Nations the delivery by relevant United Nations humanitarian organizations and othersof humanitarian assistance to Sarajevo and wherever needed in other parts of Bosnia andHerzegovina.” S.C. Res. 770, 2.UNSCR 781 (1992): “Calls upon States to take nationally or through regional agenciesor arrangements all measures necessary to provide assistance to the United Nations ProtectionForce [UNPROFOR], based on technical monitoring and other capabilities” to monitorcompliance with the ban on military flights. S.C. Res. 781, 5.UNSCR 816 (1993): “Authorizes Member States . . . to take, under the authority of the SecurityCouncil . . . all necessary measures in the airspace of the Republic of Bosnia and Herzegovina. . . to ensure compliance with the” flight ban. S.C. Res. 816, 4.UNSCR 836 (1993): “Decides that . . . Member States, acting nationally or through regionalorganizations or arrangements, may take, under the authority of the Security Council . . . allnecessary measures, through the use of air power, in and around the safe areas in the Republicof Bosnia and Herzegovina, to support UNPROFOR . . . .” S.C. Res. 836, 10.UNSCR 844 (1993): “Reaffirms its decision in . . . resolution 836 (1993) on the use of airpower, in and around the safe areas, to support UNPROFOR in the performance of its mandate.”S.C. Res. 844, 4.UNSCR 958 (1994): “Decides that the authorization given in [UNSCR 836] shall apply alsoto such measures taken in the Republic of Croatia.” S.C. Res. 958.Termination: UNSCR 1031 (1995) states that “with effect from the day on which the Secretary-General reports to the Council that the transfer of authority from the United Nations ProtectionForce (UNPROFOR) to IFOR [a multinational implementation force] has taken place,the authority to take certain measures conferred upon States by resolutions [770, 781, 816, 836,844 and 958] shall be terminated.” S.C. Res. 1031, 19.UNSCR 1031 (1995): “Authorizes . . . Member States to take all necessary measures to effectthe implementation of and to ensure compliance with Annex I-A of the Peace Agreement . . .[and] to ensure compliance with the rules and procedures, to be established by the Commander9

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