NOT NEEDED BY USEFUL IDK

Action under Article 41 has been taken four times, with regard to Rhodesia, following the
Unilateral Declaration of Independence (UDI) of 1965, South Africa in 1977, Iraq in 1990 and
Libya in 1977. In the case of Rhodesia, the Security Council called upon all states not to
recognise the white minority regime established in Rhodesia following the UDI and further
called upon States to break economic and military relations with the country

The United Nations Charter, established in 1945 in the aftermath of World War II, outlines
fundamental principles governing relations between states. The Dumbarton Oaks proposals
envisaged the need for an executive organ of limited membership to be entrusted with
primary responsibility for the maintenance of international peace and security. 1 The UN
Security Council plays a pivotal role in the implementation of the prohibition against the use
of force under the UN Charter as the responsibility had fallen on them. The UN Security
Council, comprising 15 members, is granted the primary responsibility under Chapter VII of
enforcing this prohibition and taking collective action, including the authorization of military
force, if necessary, to maintain or restore international peace and security. This paper
analyses the UN Security Council’s role in the Implementation of the prohibition against the
use of force under the UN Charter. This chapter will explore the development of the
prohibition on the threat or use of armed force by states, its different applications and
exceptions. It will start by examining the meaning and content of force and developments in
its prohibition – in custom and under the UN Charter. The use of force in circumstances
involving invitation and intervention will then be considered, including peacekeeping and
enforcement actions. Within the UN system, the Security Council is the sole body with the
capacity to authorize the use of force. The taking or authorizing the use of force is only one
of several measures available to the Council under Chapter VII.

1
Ian Brownlie, International Law and the Use of Force by States (Oxford: Clarendon Press, 1963), 729
Chapter VII legitimizes two types of action involving the use of force. The first of these is
military action taken or authorized by the UN Security Council in order to maintain or restore
international peace and security. The second is the right of states to act, on their own
initiative, in self-defence. However, this right only subsists until the Security Council has
addressed the situation through the collective security mechanism.

Article 2(4) of the UN Charter is that it prohibits force against “any state,” not simply any UN
member. Moreover, Article 2(6) obliges the UN to ensure that non-UN-member states act in
accordance with its principles, including Article 2(4),

1. Pacific Settlement of disputes

The pacific settlement of disputes outlined in Chapter VI of the UN Charter is one of the key
mechanisms through which the UN Security Council aims to prohibit and prevent the use of
force between states. (Include Article 2(4). Chapter VI of the Charter sets out the various
means which the Security Council may use to assist in the settlement of a dispute as only
those likely to endanger international peace and security.2

Article 33 of the UN Charter makes clear that Chapter VI supplements the traditional
measures of settlement which the parties must use first. 3 The provision states that parties to
any dispute which is likely to endanger international peace and security shall first seek
resolution through peaceful means such as negotiation, enquiry, mediation, conciliation,
arbitration, etc. If parties fail to settle it by the traditional means indicated in Article 33(1)
then they must refer it to the Security Council.4

In dealing with a dispute the Security Council has a number of alternative procedures open
to it, Articles 34-385 give the Security Council the authority to investigate any dispute or
situation which might lead to international friction, and recommend appropriate procedures
or methods of adjustment. For example, 1958 the Council established an observer group to
investigate a complaint by the Lebanon that the United Arab Republic was infiltrating men
and materials into the Lebanon in order to subvert the Lebanese Government 6. This
illustrates how the Security Council employs its authority under Articles 34-38 of the UN
2
Lord Templeman book
3
UN Charter
4
Article 37 of the UN Charter
5
UN Charter
6
Templeman Book
Charter to proactively address disputes and prevent them from escalating into conflicts with
broader international implications. By conducting investigations and recommending suitable
measures for dispute resolution, the Security Council plays a vital role in maintaining
international peace and security in accordance with the principles enshrined in the UN
Charter.

ARTICLE 39 OF THE UN CHARTER

 The Situation in Syria (2011-Present): The ongoing civil war in Syria has been a major
point of discussion in the Security Council. While there haven't been any resolutions
authorizing military action, the Council has used Article 39 to determine the situation
as a "threat to the peace" and has passed resolutions demanding a ceasefire,
humanitarian access, and political dialogue.

 The Situation in North Korea (2006-Present): North Korea's nuclear weapons

program has been a major concern for the Security Council. They've used Article 39
to determine these developments as a "threat to international peace and security"
and have passed numerous resolutions imposing sanctions on North Korea in an
attempt to curb the program.

Article 41 of the UN Charter has been used:

 The Situation in Iran (2006-Present): Concerns over Iran's nuclear program led the
Security Council to pass several resolutions under Article 41. These resolutions
demanded Iran suspend its uranium enrichment activities and imposed sanctions
including:
 Economic sanctions: Restrictions on trade, investment, and financial transactions
with Iran.

Arms embargo: Ban on supplying weapons and military equipment to Iran.

Travel restrictions: Limits on the movement of certain Iranian individuals.

By implementing these measures, the Security Council aimed to pressure Iran to halt its
nuclear program and pursue a diplomatic solution.
CONTEMPORARY EXAMPLES

 The Situation in Mali (2012-Present): Following a rebellion and coup d'état in Mali,
the Security Council authorized the creation of a peacekeeping mission, MINUSMA
(Multidimensional Integrated Stabilization Mission in Mali). While not explicitly
invoking Article 42, the mission has elements that could be seen as potentially
leading to military action under Article 42 if the situation deteriorates. MINUSMA's
mandate includes using force to deter violence and protect civilians, which could be
seen as a step towards more robust action under Article 42 if necessary.

 The Situation in Libya (2011): In 2011, facing a brutal crackdown by the Gaddafi
regime on civilians, the Security Council authorized a no-fly zone and "all necessary
measures" to protect civilians. This resolution, while not explicitly mentioning Article
42, could be interpreted as laying the groundwork for potential military action under
that Article if needed.

 The Situation in Mali (2012-Present): Following a rebellion and coup d'état in Mali,
the Security Council authorized the creation of a peacekeeping mission, MINUSMA
(Multidimensional Integrated Stabilization Mission in Mali). While not explicitly
invoking Article 42, the mission has elements that could be seen as potentially
leading to military action under Article 42 if the situation deteriorates. MINUSMA's
mandate includes using force to deter violence and protect civilians, which could be
seen as a step towards more robust action under Article 42 if necessary.

 The Situation in Libya (2011): In 2011, facing a brutal crackdown by the Gaddafi
regime on civilians, the Security Council authorized a no-fly zone and "all necessary
measures" to protect civilians. This resolution, while not explicitly mentioning Article
42, could be interpreted as laying the groundwork for potential military action under
that Article if needed.
  The Situation in Mali (2012-Present): Following a rebellion and coup d'état in Mali,
the Security Council authorized the creation of a peacekeeping mission, MINUSMA
(Multidimensional Integrated Stabilization Mission in Mali). While not explicitly
invoking Article 42, the mission has elements that could be seen as potentially
leading to military action under Article 42 if the situation deteriorates. MINUSMA's
mandate includes using force to deter violence and protect civilians, which could be
seen as a step towards more robust action under Article 42 if necessary.

 The Situation in Libya (2011): In 2011, facing a brutal crackdown by the Gaddafi
regime on civilians, the Security Council authorized a no-fly zone and "all necessary
measures" to protect civilians. This resolution, while not explicitly mentioning Article
42, could be interpreted as laying the groundwork for potential military action under
that Article if needed.

As stated by the ICJ in the passage quoted above, the prohibition of the use of force is a
principle of customary international law

Article 41 - Decide what measures short of armed force should be employed to give
effect to its decisions. This includes potential economic sanctions, severance of
diplomatic relations, or other non-military coercive steps.

Article 42 - If Article 41 measures would be or have proved to be inadequate, the Council

can take action by air, sea or land forces as may be necessary to maintain or restore
international peace and security. This allows the authorization of military intervention or
a UN military operation. Resolution 678 (1990 is of particular significance because, for
the first time in the history of the United Nations, the use of military force was
authorised by the Security Council on the basis of Unanimous Affirmative vote among
Permanent members. However, the multilateral force was not a United Nations force in
the sense of Chapter VII of the Charter, but rather a coalition of military forces organised
under the command of the USA.7 Once a determination under Article 39 has been made,
the Security Council may proceed to adopt three types of measures.