Security enters the industry modern relations between countries. They refer to the norms and principles that govern relationships between states. The goals are simple, understandable and very important for humanity - preventing local military and military conflicts and the recurrence of a global world war.
Circle of regulatory relations
International security rights distinguish the following types of relationships:
- Interactions to prevent military and military conflicts. This also includes international mediation to “cool down” the opposing forces.
- Interactions related to the creation of international systems collective security.
- Relationships by Constraint various types weapons.
Basic principles
The system of international relations as a separate legal system has its own rules:
- The principle of equality. It means that the state, as a subject of international law, has the same rights as other countries. The famous speech of Russian President V.V. Putin at the international security conference in Munich in 2006 is indicative in this regard. That's when the head Russian state publicly stated that this principle is often violated by the United States of America. This country unilaterally does not take into account other independent states. It can break all existing agreements and, using force, begin military operations with militarily weaker states. Before this, everyone recognized the violation of the principle of equality, but no one openly declared it. The state itself, as a subject of international law, does not have equal rights with more economically and militarily developed countries. We need tools to implement this principle. Only efficient system international relations will protect such countries and prevent a tense situation.
- The principle of inadmissibility of causing damage to another state. It comes down to the fact that national and international security is endangered by purposeful destructive actions of a subject of international law. No state can use military force against another without the consent and approval of the world community.
international security
We will list only the main ones, since there are many of them in the world. Any bilateral agreement between states in this area falls under the concept of “source of international security law.” But the main ones include the following documents:
- UN Charter. It was precisely created after the Second World War with the goal of preventing conflicts and resolving all contradictions through diplomatic (peaceful) means. This also includes the Resolutions of the UN General Assembly. For example, “On the non-use of force in international relations and prohibition of the use of nuclear weapons” and others.
- International treaties, which are conventionally divided into several groups: those holding the race nuclear weapons and prohibiting their testing in any space; limiting the buildup of any type of weapons; prohibiting the creation and proliferation of certain types of weapons; preventing random wars.
- regional organizations and military-political blocs (OKB, NATO, OSCE, CIS).
Ineffective provision of international security
The results of the failure of collective agreements are military action. Legally they have a definition.
War is the interaction of independent states in which forceful (destructive) actions occur between them. At the same time, all diplomatic ties and early agreements are cancelled.
Legal status of the war
It can only happen between independent, that is, generally recognized countries. They must have the status of sovereignty: determine the directions of internal and foreign policy. It follows that fighting against unrecognized, terrorist, as well as other organizations and groups that do not have the status of a separate subject of international law, are not considered war.
Types of conflicts from the point of view of international law
Legally divided into two categories:
- Authorized. That is, legal. This status in modern world given only by the UN Security Council, consisting of representatives of several states. Russia, as the legal successor of the USSR, is a permanent member and can impose a “veto right” on any decision.
- Unlawful. Not approved by the UN Security Council, and therefore illegal from the point of view of global norms from which the collective security system is formed
As a rule, a state that launched an unauthorized war is recognized as an aggressor. Such a country is automatically considered a threat to the entire world community. All diplomatic, economic and other ties with her are terminated. The aggressor state becomes an outcast in world politics. Other subjects of international law cease cooperation with him, so as not to fall under all kinds of sanctions. There have been many similar cases in history. For example, Iraq, having committed aggression against Kuwait. Or Iran, which, by decision of the UN Security Council, refused to allow international specialists to nuclear energy to your territory. Also the DPRK, which since 1950 has been legally at war with South Korea, etc. But there were cases when military actions were unauthorized by the UN Security Council, and the aggressor countries had absolutely no negative consequences. On the contrary, they even benefited economically from such actions. These examples relate to the US, which attacked Iraq in violation of UN resolutions. Israel launched a military strike on Libya. This just means that the collective security system is imperfect. There is politics in the world double standards when different subjects of international law had completely opposite consequences for committing the same action. This is precisely what indicates a violation of the principle of equality in the system of collective security, which leads to the escalation of conflicts and conversations from a position of strength.
"Civilizational" warfare
War by its nature is terrible and unacceptable. She is beautiful for someone who has never seen her. But, despite all the cruelty of waging war, humanity agreed to conduct it using “civilizational” methods, if, of course, sanctioned mass murder can be called that. These methods were first adopted at the Hague Convention in 1907. Even then, experts predicted massacres of world wars that would violate all principles of international law.
New rules of war
Under the Hague Convention there have been serious legal changes way of warfare:
- Mandatory open, diplomatic declaration of war and peace between countries.
- Conducting combat operations only with “authorized” types of weapons. With the development of technology, more and more new products are being banned. Today these are nuclear, hydrogen, bacteriological, chemical weapons, cluster bombs, explosive and off-center bullets and other types of weapons that cause extreme suffering and mass destruction of civilians.
- Introduction of prisoner of war status.
- Protection of parliamentarians, doctors, translators, lawyers and other specialists who should not be subject to the threat of destruction.
Yesterday, French President Emmanuel Macron announced the launch of a global initiative on cybersecurity and online trust. The initiative was supported by government agencies, companies and civil society representatives. We are proud to announce that, among 370 other organizations, we have signed "Paris Call for Trust and Security in Cyberspace". The governments of 51 countries also put their signatures - 28 members of the European Union, 27 of 29 NATO members, as well as the governments of Japan, South Korea, Mexico, Colombia, New Zealand and other countries.
The Paris Call is an important step towards the digital world, creating a serious basis for further progress. It requires a strong commitment to clear principles and norms to protect citizens and state and non-state actors from systemic or spontaneous cyber attacks. The document calls on authorities, companies and non-profit non-governmental organizations (NGOs) to cooperate to protect against cyber threats.
The Paris Call is laying the foundations for a new collaboration, bringing together an unprecedentedly wide range of supporters to implement these steps. It has been signed by more than 200 enterprises and business associations, including major technology companies such as Microsoft, Google, Facebook, Intel, Ericsson, Samsung, Accenture, Fujitsu, SAP, Salesforce and Hitachi. It is noteworthy that the document was supported by leading financial institutions such as Citigroup, Mastercard, Visa, Deutsche Bank, as well as industry leaders, including Nestle, Lufthansa and Schneider Electric. About 100 critically important non-profit organizations representing various civil society groups.
All this is important for one reason. Success in developing cybersecurity requires not only a multinational, but also a multilateral approach. Because cyberspace, unlike traditional territories military operations such as land, water and air are usually located in private property. Cyberspace is formed by individual elements such as data centers, undersea cables, computers and mobile devices. All this is developed and produced by private companies. And often the owners of these elements are also the private sector.
The technology sector has a primary responsibility to protect technology and the people who use it, but governments, companies and civil society also need to stand together. This is the only one effective method protect people from what these days would be considered military-grade cybersecurity threats. It is becoming more and more obvious that many people on earth need this. In Paris, I reported that more than 100,000 citizens from more than 130 countries had signed a petition calling for Immediate establishment of the digital world, initiated by the foundation Global Citizen. The number of people supporting this petition is growing in the same way as the number of signatories of the Paris Appeal.
Yesterday's announcements were made as part of the Paris Peace Forum, which is being held to commemorate the anniversary of the armistice that ended the First World War. Just as a century ago, the nature of technology and warfare is changing. In the last century, governments and civil institutions have failed to adapt to a changing world. We need to do better in this century. With clear principles, strong defenses, and a growing multilateral coalition, we can build on current gains and give our world the cybersecurity it deserves.
The UN is a subject of international law formed by the expression of will sovereign states, the original subjects of this right. The UN was created as a center for coordinating the actions of states in the name of peace and developing international cooperation on a democratic basis; it is endowed with a certain international legal personality necessary to carry out its functions. (4:288).
The features of the UN's subjectivity are interconnected and form a specific legal personality, lying on a different legal plane than the legal personality of states. The organization extends its rights only within the limits outlined by its Charter.
The founding document of the Organization is the Charter of the United Nations, which sets out the rights and responsibilities of Member States and establishes the organs and procedures of the Organization. As an international treaty, the Charter codifies the basic principles of international relations - from the sovereign equality of states to the prohibition of the use of force in international relations. The Charter opens with a Preamble. It expresses the fundamental ideals and common goals all the peoples whose governments came together to create the United Nations. The Charter contains chapters on the purposes and principles of the United Nations, on membership, on organs, on the peaceful settlement of disputes, on action in the event of threats to the peace, in cases of breaches of the peace and in cases of acts of aggression, as well as on international economic cooperation and on Non-Self-Governing Territories. Amendments to the Charter were introduced four times (they were voted for by two-thirds of the votes): in 1965. the number of Security Council members increased from 11 to 15; in 1965 the number of members of the Economic and Social Council was increased; in 1973 the number of votes in this Council was once again increased; in 1968 - another amendment regarding the number of votes in the Security Council.
The Charter sets out the main goals and principles of the Organization:
The purposes of the UN are: to maintain international peace and security; develop friendly relations between nations on the basis of respect, the principle of equality and self-determination of peoples; cooperate in resolving international problems economic, social, cultural and humanitarian in nature and in promoting respect for human rights and fundamental freedoms; to be a center for coordinating the actions of nations in achieving these common goals.
To achieve the objectives of its work, the UN and its Members act in accordance with the following principles:
the sovereign equality of all its members;
conscientious fulfillment of obligations assumed under the Charter;
the resolution of international disputes by peaceful means in a manner that does not jeopardize international peace and security and justice;
refraining in their international relations from the threat or use of force, either against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the UN;
providing the Organization with full assistance in all actions taken by it in accordance with the Charter, and refraining from providing assistance to any state against which the UN is taking preventive or enforcement action;
ensuring by the Organization that States that are not members act in accordance with these principles as may be necessary to maintain international peace and safety;
non-interference by the UN in matters essentially within the internal competence of any state (this principle, however, does not affect the use of coercive measures in the event of threats to peace, violations of the peace and acts of aggression).
According to Art. 105 of the Charter, the Organization enjoys in the territory of each of its members such privileges and immunities as are necessary to achieve its goals. In addition, representatives of UN members and its officials also enjoy such privileges and immunities…. The UN is a legal entity. It has its own budget, which is approved by the General Assembly every two years. The main source of budget replenishment is contributions from participating states. The amount of contributions is determined on the basis of a special scale, which is developed and approved collectively by all UN members for a three-year period. In this case, such criteria as national income and solvency of each state are taken into account, i.e. its economic weight in the world is determined. Contributions to the budget are mandatory; if individual states do not agree with some expenses, they must still cover them due to their obligations under the Charter. The maximum contribution is 25% of the budget, the minimum is 0.01%. The maximum contribution is made by the United States. Belarus contributes % of the UN budget. In addition to mandatory contributions, voluntary contributions are an important source of financial revenue. High-cost UN peacekeeping operations are financed separately from the regular budget. For this purpose, special accounts are established at the UN.
As a subject of international law, the organization has the right to make claims of a legal nature, and as a subject of international law, the Organization cannot be limited by financial controls, regulations or moratorium of any kind.
Now briefly about the main structural units Organizations:
UN General Assembly
Competence. The General Assembly is the most representative body of the Organization. It consists of all members and is supreme body Organization (Chapter 4 of the Charter) It receives and considers annual and special reports of the Security Council. These reports contain an account of the measures to maintain international peace and security that the Security Council has decided to take or has taken. The General Assembly also receives and considers reports from other bodies of the Organization.
The General Assembly has the right to discuss any issues within the framework of the UN Charter and make appropriate recommendations to UN member states and the Security Council. The General Assembly also organizes studies and makes recommendations in order to: a) promote international cooperation in the political field and encourage the progressive development of international law; b) promoting cooperation in the fields of economic, social, culture, education, health and promoting the implementation of human rights and fundamental freedoms for all without distinction of race, sex, language and religion.
Operating procedure. The General Assembly meets not annually for regular (on the third Tuesday of September, with notification no less than 60 days in advance by the Secretary General) sessions, but also for special (within 15 days from the date of presentation of the request from the Security Council or the majority of members) sessions, which circumstances may require. There are also emergency special sessions.
The preliminary agenda consists of more than 100 issues, but the main and permanent ones are: the report of the Secretary General on the work of the UN; reports of the Security Council, ECOSOC, Trusteeship Council, International Court of Justice, subsidiary bodies of the General Assembly; issues that the GA decided on at previous sessions; items proposed by any UN member; all items related to the budget for the next and past financial years; all items that the Secretary General considers necessary to include; all points proposed by states that are not members of the UN.
The official and working languages of the General Assembly are English, Spanish, Chinese, Russian, French.
The General Assembly has the right to establish committees as necessary. The main committees are: first - on political and security issues, including disarmament issues; the second - on economic and financial issues; the third - on social, humanitarian and cultural issues; the fourth - on issues of international trusteeship and non-self-governing territories; the fifth - on administrative and budgetary issues; the sixth is on legal issues. The Seventh is a special political committee, which was separated from the First after the 33rd session of the General Assembly.
The General Assembly makes “resolutions” (decisions on the admission of new members), “recommendations” (decisions on maintaining peace), and “decisions”. All member states have one vote in the Assembly. Major decisions are made by a majority of 2/3 of the votes participating in the voting; the rest - by a simple majority of votes. A state that has debts to pay monetary contributions to the Organization is deprived of its voting rights.
Auxiliary organs.
The General Assembly has the right to establish such subsidiary bodies as it deems necessary. Now there are about 100 of them, which according to their legal status can be divided into three groups:
By status they are international organizations. (UN Program for environment(UNEP), United Nations Conference on Trade and Development (UNCTAD), United Nations Development Program (UNDP)…).
Permanent organs. (Conference on Disarmament 1961, 40 states; Committee on the Peaceful Uses of Outer Space, 1959, 60 states; Intergovernmental Committee on Science and Technology for Development, 1979, Committee of the Whole; World Food Council, 1974, approx. 40 states; International Law Commission, 1947, includes more than 30 states; UN Commission on International Trade Law, 1966, includes 36 states...).
Temporary organs. (Special Committee on the UN Charter and Strengthening the Role of the Organization, 1974; Special Committee against Apartheid, 1962; Special Committee on Indian Ocean, 1972 ...). They deal with a relatively narrow range of problems, meet sporadically and are liquidated after the preparation of relevant international legal documents or resolution of the problems that were the subject of their activity.
UN Security Council.
Competence.
According to Article 23 of the UN Charter, the Security Council consists of 15 members of the Organization. Of these, 5 are permanent, namely Russia, China, France, Great Britain and Northern Ireland, USA. The General Assembly elects the remaining 10 non-permanent members for two-year terms. When electing the latter, special attention is paid to their role in maintaining international peace and security and achieving other goals of the Organization, as well as fair geographical distribution (from Asia and Africa - 5 members, from of Eastern Europe- 1, from Latin America and the Caribbean - 2, from Western Europe, Canada, New Zealand and Australia - 2). Recently, at the Sessions of the General Assembly, the issue of increasing the number of members of the Security Council to 20 or more, including permanent ones, to 7, has been discussed.
The Security Council is entrusted with primary responsibility for maintaining international peace and security; it is declared that in its activities, in the performance of these responsibilities, the Council acts on behalf of the members of the UN. It submits annual reports and special reports as necessary to the General Assembly.
The functions and powers of the Security Council are as follows:
maintain international peace and security in accordance with the purposes and principles of the United Nations;
investigate any disputes or situations that may lead to international friction;
develop plans for a system of arms regulation, determine the existence of a threat to the peace or an act of aggression and make recommendations on measures to be taken;
call on UN member states to use economic sanctions and other measures not related to the use of military force to prevent or prevent aggression;
take military action against the aggressor;
carry out UN trusteeship functions in strategic areas;
provide annual and special reports to the General Assembly.
The role of the Security Council in conflict resolution is reduced to the implementation of the following four activities:
Preventive diplomacy is actions aimed at preventing the emergence of disputes between parties, preventing existing disputes from escalating into conflicts and limiting the scope of conflicts after they arise. The principles of tact, confidentiality, objectivity and transparency should be observed when conducting the necessary consultations.
Peacemaking - actions aimed at persuading the parties to an agreement, using such peaceful means as provided for in Chapter 6 of the Charter.
Peacekeeping is the provision of a UN presence in a given area, which involves the deployment of UN military and/or police personnel, as well as civilian personnel.
Peacebuilding during a conflict period is actions aimed at preventing the outbreak of violence between countries and peoples after the elimination of a conflict or conflict situation.
The legal status of UN peacekeeping forces is determined by agreement between the UN and the host state.
The UN Charter gives the Security Council the power to use temporary and coercive measures. Temporary measures are aimed at preventing the situation from worsening and must not prejudice the rights, claims or position of the parties concerned. Such measures may include requiring the parties to cease hostilities, withdraw troops, and resort to one or another peaceful settlement procedure, including entering into direct negotiations, resorting to arbitration, and the use of regional organizations. Temporary measures are not coercive in nature, but the Security Council "takes due account of non-compliance with these temporary measures."
Coercive measures are divided into those that do not involve the use of armed force and those that involve the use of armed force.
Coercive measures not related to the use of armed force, may include partial or complete interruption economic relations, railway, sea, air, postal, telegraph, radio and other means of communication, severance of diplomatic relations, as well as other measures of a similar nature.
If the above measures are insufficient or ineffective, the Security Council, on the basis of Article 42 (1:296) of the Charter, has the right to take actions necessary by the UN armed forces to maintain international peace and security.
Operating procedure.
The Security Council holds its meetings almost every day to consider issues on its agenda, warn about threats to peace, and take measures. To ensure continuity of work, each member of the Security Council must be represented at the seat of the UN at all times. Any member of the Organization whose interests will be affected in solving the problem can participate in its meetings without the right to vote. A non-member state of the UN may be invited to Council meetings if it is a party to the dispute on the terms of the Security Council. The interval between meetings must be at least 14 days.
Cases that may serve as a reason for a meeting of the Security Council: any dispute or situation is brought to the attention of the Security Council (Article 35, paragraph 3 of Article 11 of the Charter); The General Assembly makes some recommendations or refers the issue to the Security Council (clause 2, article 11); Secretary General draws the attention of the Security Council to any issue (p. 99 of the Charter).
The presidency of the Security Council by its members takes place alternately in accordance with the English alphabet, each chairman holds his post for one calendar month. Each member of the Council has one vote. To resolve issues, a majority of 9 votes (1:298) is required, but this number must include the votes of all 5 permanent members of the Security Council, this is the essence of the principle of unanimity of the great powers.
Auxiliary organs.
The Security Council may create such subsidiary bodies as it deems necessary. All these organs are divided into two groups: permanent and temporary.
Permanent - Military Staff Committee, Committee of Experts, Committee on the Admission of New Members, Committee on the Question of Meetings of the Security Council away from Headquarters. The Military Staff Committee is the most important; its Statute is defined by Article 47 of the Charter. It develops plans for the use of armed forces, gives advice and assists the Security Council on all matters relating to the military requirements of the Security Council for the maintenance of international peace and security, the use and command of troops placed at its disposal, and the regulation of armaments and possible disarmament.
Temporary bodies are created by the Security Council to investigate a specific situation and prepare a comprehensive report.
UN peacekeeping forces.
The first UN peacekeeping operation was the Jerusalem Observer Mission, the UN Truce Supervision Authority (UNTSO), established in May 1948 and still in operation today (1:299). Since 1948 The UN has carried out approximately 40 peacekeeping operations on four continents. The largest are operations in the Congo (Zaire), Cambodia, Somalia, and the Former Yugoslavia. UV is currently carrying out 16 operations involving 70 thousand people from 77 UN member countries.
When in 1991 In 1992, a civil war broke out in Somalia, during which more than 300 thousand people died and the threat of famine loomed. The UN established an operation in Somalia (UNOSOM).
In 1992 To facilitate the implementation of the peace agreement between the government and the Mozambican National Resistance, the Security Council established the UN Operation in Mozambique (UNOMOZ). This mission was terminated in 1995.
The UN helped end the 12-year conflict in Cambodia. More than 21 thousand peacekeepers from 100 countries took part here. In accordance with the agreements of 1991 The UN established a UN Transitional Authority (UNTAC) in Cambodia. He was involved in monitoring ceasefires, disarmament, repatriating refugees, organizing and holding free and fair elections. The task was successfully completed in 1993. UNTAC was liquidated.
The UN played an important role in ending the 8-year war between Iran and Iraq. The organization acted here as an intermediary; it achieved recognition by both parties of the agreement developed in 1987. peace plan. UN observers (UNIGN) were also stationed here to monitor the cessation of hostilities and the withdrawal of troops. UNIGWG completed its activities in 1991.
The organization played a similar peacekeeping role in Afghanistan. At the end of six years of negotiations, which were conducted by the Personal Representative of the Secretary General, Ambassador De Cordovez, Afghanistan, Pakistan, the USSR and the USA in April 1988. signed agreements aimed at resolving the conflict. With the completion of the withdrawal Soviet troops in 1989 the task of the mission was completed.
The UN has made a lot of efforts to resolve conflicts in the former Yugoslavia, which have centuries-old roots. Organization in 1991 imposed an arms embargo. The peacekeeping forces deployed in 1992 sought to create conditions of peace and security in Croatia and facilitated the delivery of goods humanitarian aid to Bosnia and Herzegovina, protected Macedonia from being drawn into this conflict. In 1995 UNPROFOR was divided into three operations covering three countries.
UN missions also sought to contribute to security and reconciliation in Rwanda (UNAMIR, established in 1993), peace in Angola (UNAVEM, 1989), monitoring the referendum in Western Sahara MINURSO, 1991) and restoring normal conditions in Cyprus (UNFICYP, 1964).
The UN does not have its own armed forces. The Security Council enters into agreements with states to place military contingents and related facilities at its disposal.
Peacekeeping forces are needed to respond to direct aggression, whether imminent or actual. However, in practice there is often a situation where ceasefire agreements are concluded, but they are not respected. In this case, the Organization is forced to send military contingents to restore peace and ceasefire.
UN Economic and Social Council.
Competence.
ECOSOC is one of the main bodies of the UN. It coordinates the economic and humanitarian activities of the UN, the main directions of which are enshrined in Article 55 of the UN Charter. In order to create conditions for stability and prosperity, the UN promotes:
improving living standards, full employment of the population and economic and social progress and development;
resolving international problems in the field of economic, social, health and similar problems;
international cooperation in the field of education;
universal respect and observance of human rights and fundamental freedoms for everyone without distinction of race, gender, language, religion.
Responsibility for fulfilling the Organization's functions in the field of international economic and social cooperation is assigned by the UN Charter to the General Assembly and, under its leadership, to ECOSOC, which is granted appropriate powers for this purpose.
ECOSOC is vested with the following functions and powers:
serve as a central forum for addressing international economic and social problems of a global and cross-sectoral nature and to provide policy recommendations on these issues to UN Member States and the United Nations system as a whole;
undertake and initiate research, write reports and make recommendations on international issues in economic and social areas, in the field of culture, education, health and related issues;
promote observance and respect for human rights and fundamental freedoms;
convene international conferences and draw up draft conventions on issues within its competence;
negotiate with specialized agencies regarding agreements defining their relationship with the UN;
harmonize the activities of the specialized agencies through consultation with and advice to them, and through advice to the General Assembly and the Members of the United Nations;
provide services approved by the General Assembly to members of the UN, as well as specialized agencies at the request of the latter;
consult with relevant non-governmental agencies on matters dealt with by the Council.
ECOSOC consists of 54 UN members elected by the General Assembly; The 18 members of ECOSOC are elected annually for a term of 3 years.
Operating procedure.
ECOSOC typically holds an organizational session and two regular sessions per year. The organizational session convenes on the second Tuesday in January, the first regular session on the second Tuesday in April, and the second regular session on the first Wednesday in July. Sessions are held at UN Headquarters.
Auxiliary organs.
ECOSOC is empowered to create (Article 68 of the UN Charter) commissions in the economic and social fields and for the promotion of human rights, as well as such other commissions as may be required for the performance of its functions.
The subsidiary bodies of the Council include: 9 functional commissions (see above); 5 regional; 4 standing committees; a number of expert bodies and organizations, in particular in the fields of development planning, natural resources, new and renewable energy sources and the use of energy for development, economic, social and cultural rights...
ECOSOC also communicates with other organizations; it is authorized to enter into agreements with any of the specialized institutions. There are 14 such specialized agencies, and all of them have agreements with the UN.
The Council has the right to consult with non-governmental organizations interested in issues within its competence.
Guardianship Council.
The UN, under its leadership, created an international trusteeship system to administer and monitor those territories that are included in it by individual agreements. These subjects are called territories under trusteeship.
The trusteeship agreement in each case must include the terms under which the trustee territory will be administered and also define the authority that will administer the trustee territory. Such an authority is called a administering authority and may be one or more states or the UN itself.
The Trusteeship Council, being one of the main organs of the UN, acts under the leadership of the General Assembly and assists it in carrying out the functions of the UN regarding the international trusteeship system.
The Guardianship Council reviews reports submitted by the governing authority. It accepts petitions and considers them on their merits. The Council arranges periodic visits to areas under trusteeship. The guardianship board takes any action consistent with the guardianship agreement.
This Council includes 5 permanent members of the Security Council: Russian Federation, China, France, United Kingdom and USA.
All trust territories achieved self-government and independence - as separate states or by joining neighboring ones independent states. In November 1994 The Security Council decided to terminate the UN Trusteeship Agreement for the last of the original 11 trust territories, the Trust Territory of the Pacific Islands (Palau), administered by the United States. From now on, the Council meets at its meetings only when necessary.
International Court.
It is the main judicial organ of the UN. Its statute forms an integral part of the UN Charter.
The International Court consists of 15 judges and cannot include two citizens of the same state. The members of the Court are elected by the General Assembly and the Security Council from among the persons included in the list at the proposal of national groups of the Permanent Court of Arbitration. Judges are elected on the basis of citizenship. However, when making appointments, attention is paid to ensuring that the main legal systems all over the world. A national group can nominate no more than 4 candidates. Candidates who receive an absolute majority of votes in the General Assembly and the Security Council are considered elected. Judges are elected for ten-year terms and can be re-elected. While holding the position of judge, they cannot hold another position.
Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities. The seat of the court is The Hague, the Netherlands.
The jurisdiction of the court includes all cases referred to it by the parties, and all matters specifically provided for by the UN Charter or existing treaties and conventions. Only states can be parties to a dispute, and only parties to the Statute of the Court. However, in addition to the parties to the Statute, the jurisdiction of the court may be recognized in relation to any other state that has filed an application in which the following recognition of the jurisdiction of the International Court is noted on the issues:
interpretation of the treaty;
any question of international law;
the existence of a fact which, if established, would constitute a breach of an international obligation;
the nature and extent of compensation due for violation of international obligations.
The Court was created to resolve disputes submitted to it on the basis of international law, it applies: international conventions establishing rules specifically recognized by the disputing states; international custom recognized as a legal norm; the general principles of law recognized by civilized nations; court decisions and the doctrines of the most recognized specialists in public law. In addition, the Court is not limited to deciding a case according to equity, and not according to formal law, if the parties agree to this.
Usually the Court carries out its activities in plenary sessions, but it can also organize units of limited composition - chambers, their decisions are equivalent to the decisions of the Court itself.
The official languages are French and English. Legal proceedings consist of two parts - oral (hearing of witnesses, experts, representatives, attorneys, lawyers) and written (memoranda, counter-memoranda, supporting papers and documents).
The court's decision is binding only on the parties involved in the case and only in this case; it is final.
The Court may also issue advisory opinions, which are delivered in open session.
Currently, the Court's potential is not being used to its full potential. There are several reasons for this: firstly, states that recognize the general jurisdiction of the Court undertake to fulfill it final decisions under the threat of sanctions from the UN - can the domestic structures of many countries easily agree to such a situation?... secondly, for many states the costs associated with referring a dispute to the International Court of Justice are very expensive, since the Trust Fund existing at the UN does not receives adequate financial support from participating States.
Secretariat.
It serves the main and other organs of the UN and manages their programs. The Secretariat consists of the Secretary-General and staff located at headquarters and around the world, and deals with issues related to the day-to-day activities of the UN.
It consists of 14,000 representatives from approximately 170 countries and, like the Secretary-General, are accountable only to the Organization. According to Art. 100 of the Charter, each UN member state undertakes to respect the strictly international nature of the duties of the Secretary-General and the staff of the Secretariat and does not attempt to influence them in the performance of their duties * (4:307).
The Secretariat's responsibilities cover various areas of activity: from the organization of peacekeeping operations to mediation in resolving international disputes. The Secretariat also reviews global economic trends and issues; conducts research in the field of human rights and sustainable development; organizes international conferences on issues of global concern; monitors the implementation of decisions taken by the bodies of the Organization; supplies the world media with information about the activities of the UN.
The head of the Secretariat is the Secretary General, who is the chief administrative officer of the Organization. The range of his duties and rights is very wide: from exercising general directive leadership of all the main divisions of the secretariat, to bringing to the attention of the Security Council information on any issues that, in his opinion, may threaten the maintenance of international peace and security. In addition, each Secretary General independently determines the main priorities of his activities in the general context of the time. The Secretary General is appointed by the UN General Assembly on the recommendation of the Security Council for a 5-year term, after which he can be reappointed.
Currently, the UN Secretary General is Kofi Annan (Ghana). His predecessors were: Boutros Ghali from Egypt, who held the position since 1992. to 1996; Javier Perez de Cuellar from Peru, who has held the position since 1982. to 1991; Javier Kurt Waldheim from Austria, who has served as Secretary General since 1972. to 1981; U Thant from Burma (Myanmar), former Secretary General since 1961. to 1971; Dag Hammarskjöld from Sweden, who has held the position since 1953. until his death in 1961. in a plane crash in Africa, and Trygve Lie from Norway, who was Secretary General in the period since 1945 to 1953
Currently, the UN is the most representative (it includes 185 states) and truly universal (in terms of the range of problems it solves) intergovernmental organization. However, in order to cope with new problems, life requires new UN approaches to global and other problems of our time; the Organization itself needs to be updated and adapted to new conditions.
The role of the UN in the modern world.
The central task of the Organization's activities is to maintain peace and international security. About what role belongs to peacekeeping work Peacekeeping forces The UN, as stated above, and the UN is currently conducting a number of peacekeeping operations in all corners of globe. The UN Truce Organization in Palestine (UNTSO), founded back in 1948, is still in operation - and will apparently continue to operate for a long time. The activities of UN military observers in India and Pakistan, created in 1949, also remain relevant. To this day, the UN Armed Forces are located in Cyprus (since 1964) ... and further ... until the recently blown up UN mission in Baghdad.
However, the UN has identified its main task in maintaining security as preventive measures aimed at preventing conflicts. Based on this, throughout the entire period of its activity, the UN sought to achieve multilateral disarmament and arms regulation. As a result, already since 1959. a series of international agreements in this area: In 1959 the Antarctic Treaty was concluded, which provides for Antarctica as a demilitarized zone and prohibits testing of any type of weapons on its territory; in 1963 - Treaty banning nuclear weapons tests in the atmosphere, outer space and under water; in 1966 The Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space was concluded... it stipulates that space can only be used for peaceful purposes; 1967 - Treaty on the Prohibition of Nuclear Weapons Latin America And Caribbean; 1968 - The Treaty on the Non-Proliferation of Nuclear Weapons stipulates that states that do not have nuclear weapons agree never to acquire them, and in return they are provided with access to civilian nuclear technologies, states possessing nuclear weapons undertake to strive for negotiations to end the nuclear arms race; 1971 - Treaty on the Prohibition of the Placement of Nuclear Weapons on the Bottom and Under the Bottom of the Seas and Oceans; in 1972 the Bacteriological Weapons Convention was signed, which prohibits the development, production and stockpiling of biological and toxin-containing drugs, and also provides for the destruction of such weapons; 1980 - the Convention on Certain Conventional Weapons was signed, which prohibits certain types of conventional weapons (weapons, the explosion of which does not show fragments in the human body during X-ray examination, a number of infantry mines, incendiary weapon, blinding laser weapon); 1985 - Southern Nuclear Weapon Free Zone Treaty Pacific Ocean; 1990 - Treaty on Conventional Armed Forces in Europe - limits the number of various types of weapons in the region from the Atlantic to the Urals; 1993 - Chemical Weapons Convention - ban on development, production, stockpiling and use chemical weapons on a global scale; 1995 - Treaty on a Nuclear Weapon Free Zone in Southeast Asia; 1996 - Treaty on a Nuclear Weapon-Free Zone in Africa; 1996 - Comprehensive Nuclear Test Ban Treaty; 1997 - Convention on anti-personnel mines ah - prohibits the use, stockpiling, production and transfer of anti-personnel mines and provides for their destruction.
All these agreements rather relate to the prevention of major conflicts and the armament of large states that have weight in the political arena. However, with the help of these agreements there is no way to influence local conflicts arising on religious and ethnic grounds, since their main food is poverty and violation of human rights. The Organization understands that lasting peace and security are only possible when the economic and social well-being of people everywhere is ensured.
A huge portion of the UN's resources goes towards fulfilling the Charter's commitment to promoting "improved standards of living, full employment and conditions for economic and social progress and development." The world continues to be characterized by huge disparities in levels of wealth and well-being. The fight against poverty and the elimination of inequalities both within and between countries remains the core purpose of the United Nations. For this purpose the Organization acts in different ways in order to achieve its economic and social goals, not only by developing policies, advising governments on their development plans and programs, establishing international norms and standards, but also by mobilizing funds that invest more than $25 billion annually in development programs. The economic and social work of the UN is coordinated by the Economic and Social Council.
The activities of the UN have a significant impact on the direction and nature of many economic and social transformations taking place in the world over the past 50 years. This activity resulted in a series of decades of development, the first of which began in 1961. Each decade has specific issues of major concern, but the social and economic aspects of development also receive a lot of attention.
In 1997 The UN General Assembly, reflecting the growing interdependence of nations, adopted an “Agenda for Development”, which, along with actions planned at a number of international conferences held in the first half of the 1990s, provides a comprehensive framework for international cooperation. The Agenda identifies ways to improve the capabilities and effectiveness of its various departments and institutions.
One of the great achievements of the Organization was the creation of a competent body for human rights legislation, which for the first time developed an internationally supported body of human rights law. At the same time, UN experts not only defined a wide range of internationally recognized rights, including economic, social and cultural, along with political and civil ones, but also established mechanisms for their promotion and protection, as well as assistance to governments that have undertaken to fulfill obligations.
Since the adoption of the Universal Declaration of Human Rights on December 10, 1948*(6:266), human rights have attracted worldwide support. Women, children, persons with disabilities, minorities, indigenous peoples, migrant workers and other disadvantaged groups now have rights that protect them from discrimination. In the process of special educational campaigns, the peoples of the world were constantly informed and are being informed about their inalienable rights. In addition, the UN developed training programs and provided technical advice to assist judicial systems. A special post was approved - the UN High Commissioner for Human Rights - to coordinate the work and strengthen the UN's position in protecting and promoting the rights of all people on the planet. In general, the scope of UN activities in this area can be defined as follows: creation of basic standards; lawmaking; observation; coordination; research activities; consideration of complaints against the actions of states and impartial investigation of the facts; diplomacy.
Secretary General Kofi Annan highlighted human rights as main topic, which brings together UN activities in the key areas of maintaining peace and security, development and humanitarian assistance.
And the last thing I would like to highlight as the basis of the UN’s activities in strengthening security is the development of the foundations of international law - conventions, treaties and standards that play a major role in ensuring economic and social development, as well as international peace and security. Many treaties developed by the UN form the legal framework regulating legal relations between states.
The UN Charter calls upon the United Nations to assist in the resolution of international disputes by peaceful means and to promote the development of international law and its codification. Over the years, the UN has facilitated the conclusion of over 480 multilateral agreements, which cover wide range common interstate interests and are binding on the countries that sign them.
To date, a stable UN structure has been formed, which includes the main bodies:
Ø UN General Assembly,
Ø UN Security Council,
Ø Economic and Social UN Council,
Ø UN Trusteeship Council,
Ø International Court of Justice,
Ø UN Secretariat.
The system also includes specialized institutions:
Ø International currency board,
Ø International Bank reconstruction and development,
Ø International Finance Corporation,
Ø International Development Association,
Ø International Maritime Organization,
Ø International organization civil aviation,
Ø International Labour Organization,
Ø International Union telecommunications,
Ø Universal Postal Union,
Ø United Nations Educational, Scientific and Cultural Organization,
Ø World Health Organization,
Ø World Intellectual Property Organization,
Ø United Nations Industrial Development Organization,
Ø Food and Agriculture Organization of the United Nations,
Ø World Meteorological Organization,
Ø International Fund agricultural development,
Ø International Atomic Energy Agency.
In the hierarchy of UN bodies, the leading place is occupied by the General Assembly, which consists of representatives of all member states of the Organization and plays the role of a kind of parliament.
Another significant UN center is Security Council, consisting of 5 permanent (USA, Russia, UK, France and China) and 10 non-permanent members elected by the General Assembly for a period of 2 years. Both structures play a key role in ensuring international security.
The UN General Assembly has broad powers in the field of maintaining international peace and security. In accordance with the Charter, it can discuss any issues or matters, including those related to the powers and functions of any of the UN bodies, and, with the exception of Art. 12, make recommendations to members of the UN and/or the UN Security Council on any such issues and matters.
The UN General Assembly is authorized to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms regulation, and to make recommendations regarding these principles. It is also empowered to discuss any matters relating to the maintenance of international peace and security brought before it by any State, including UN member and non-member States, or the UN Security Council, and to make recommendations in relation to any such matter to the State or States concerned or To the Security Council before and after the discussion.
However, any such matter on which action needs to be taken is referred by the UN General Assembly to the Security Council before and after discussion. The UN General Assembly cannot make recommendations relating to any dispute or situation in which the Security Council is exercising in relation to it the functions assigned to it by the UN Charter, unless the Security Council itself requests it.
The General Assembly considers issues of peace and security in its First Committee (Disarmament and International Security Committee) and in its Fourth Committee (Special Political and Decolonization Committee). The Assembly contributed to the development of peaceful relations between states by adopting declarations on peace, peaceful resolution of disputes and international cooperation. In 1980, the Assembly authorized the establishment in San José, Costa Rica, of the University of Peace, a specialized international institute dedicated to research and advocacy on issues related to peace. The Assembly proclaimed the opening day of its regular annual sessions in September as the International Day of Peace.
The General Assembly is authorized, in accordance with the UN Charter (Article 11), to consider the principles governing disarmament and arms regulation and to make recommendations regarding these principles. At the present stage, the Assembly is increasingly manifesting itself as a center for coordinated actions of states, including practical multilateral actions in the field of international security. In 1976, 1982 and 1988 The General Assembly held special sessions on disarmament.
The Assembly has two subsidiary bodies dealing directly with disarmament issues.
This is the Committee on Disarmament and International Security (First Committee), which holds annual sessions and considers disarmament issues on the agenda of the Assembly, and
The UN Disarmament Commission, which is a specialized advisory body that focuses on specific aspects of the disarmament problem, such as the creation of nuclear-weapon-free zones.
Close cooperation with the General Assembly is carried out by the Conference on Disarmament in Geneva - the only multilateral negotiating forum for developing disarmament agreements. This body, which operates strictly on the basis of consensus, has a limited number of members (currently 65 states). The Conference on Disarmament is in a unique position vis-à-vis the General Assembly. It determines its own rules, procedures and develops its own agenda, but also takes into account the recommendations of the Assembly and submits annual reports to it on its work. The General Assembly considers these reports and adopts a special resolution containing relevant recommendations to the Conference on Disarmament.
The UN Security Council is the main permanent political body The UN, which, according to the UN Charter, has primary responsibility for maintaining international peace and security. According to the Charter, member states are obliged to obey and implement the decisions of the Council. Recommendations from other bodies of the Organization do not have the same binding force as decisions of the Security Council. The Council is vested with broad powers in the peaceful settlement of international disputes, preventing military clashes between states, suppressing acts of aggression and other violations of peace and restoring international peace.
When a dispute leads to armed conflict, the first concern of the Council is to end it as quickly as possible. The Council can issue ceasefire orders, which play an important role in preventing the escalation of hostilities. In support of the peace process, the Council may send military observers or peacekeeping forces to the conflict area. Based on Ch. VII of the Charter, the Council is empowered to take measures to ensure the implementation of its decisions. It can impose embargoes and economic sanctions or authorize the use of force to enforce mandates.
According to the UN Charter, only the Security Council and no other UN body or official has the right to make decisions on the conduct of operations using UN armed forces, as well as to decide issues related to the creation and use of UN armed forces, in particular such as the definition of tasks and functions armed forces, their composition and strength, command structure, duration of stay in areas of operations, as well as issues of management of operations and determination of the procedure for their financing. Based on the same chapter. The VII Council established international criminal tribunals to prosecute persons accused of serious violations of international humanitarian law, including genocide.
The Security Council, in accordance with the UN Charter, has primary responsibility for developing plans for the creation of an arms regulation system, which must be submitted to UN members (Article 26). The Security Council adopted important decisions regarding the general principles governing the implementation of the disarmament program.
Secretary General under the UN Charter, has the right to bring to the attention of the Security Council any questioning that appears to threaten international peace and security. He plays a central role in peacekeeping, both personally and by sending special envoys or missions for specific tasks, such as negotiations or fact-finding.
To facilitate the resolution of disputes, the Secretary-General may provide “good offices” in the form of mediation or resort to “preventive diplomacy.” The impartiality of the Secretary-General is one of the main advantages of the UN. On many occasions, the Secretary-General has been instrumental in averting threats to the peace or reaching a peace agreement.
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69. The concept of international security law.
International security law is a set of legal methods corresponding to the basic principles of international law, aimed at ensuring peace and collective measures applied by states against acts of aggression and situations that threaten the peace and security of peoples
The legal basis of international security law consists of the following basic principles: the principle of non-use of force, the principle of peaceful resolution of disputes, the principle of disarmament
Special principles of international security law are also normative in nature: the principles of equality and equal security, non-damage to the security of states. Equal security - all states have the right to ensure their own security
The main goal of international security is formulated in the UN Charter - to maintain peace and international security by taking effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace
International legal means of ensuring security are a set of settled international legal measures aimed at the peaceful resolution of international disputes, the creation of collective security systems, the prevention of war, the suppression of acts of aggression, the reduction of armed forces, the narrowing of the material base and spatial scope of warfare, the strengthening of confidence-building measures and establishment of effective international control over the activities of states in the military field. Include:
Collective measures involving broad international cooperation
Preventive diplomacy, the task of which is to prevent emerging threats to peace and peaceful settlement of international disputes
Currently, the prohibition on the use of force or threat of force is enshrined in
The UN Charter - a universal treaty, which indicates the transformation of the norm
multilateral into a universal norm. The UN Charter also contains a system of norms
designed to guarantee compliance with the requirements of the principle (see Chapter VII
Charter). Some elements of the principle related to responsibility
The UN Security Council plays a special role in implementing the principle. Having determined
that the use of force by a state is an act of aggression (Article 39 of the UN Charter),
it enters into agreements with UN member states on the provision of
disposal of military formations, equipment, and maintenance facilities.
Ratified in accordance with the constitutional procedure of each
states, these agreements acquire the character of a source of international
rights (Article 43 of the UN Charter).
In 1995, the Russian Federation adopted the Law “On the Procedure for Providing
Russian Federation military and civilian personnel to participate in
activities to maintain or restore international peace and
security", Article 2 of which speaks of the participation of the Russian Federation in
international coercive actions using armed forces,
carried out by decision of the Security Council adopted in accordance with
The UN Charter to eliminate a threat to the peace, a breach of the peace or an act of aggression. IN
Art. 11 specifically stipulates that the legal basis for the Russian
Federation is special agreement with the UN Security Council on the allocation of Russian
contingents and assistance, as noted in Art. 43 of the UN Charter.
70. The obligation not to use force is clearly universal. It applies to all states, since the need to maintain international peace and security requires that all states, and not just UN members, adhere to this principle in their relations with each other.
According to the UN Charter, not only the use of armed force is prohibited, but also unarmed violence, which is in the nature of an unlawful use of force. The term “force”, which is contained in paragraph 4 of Art. 2 of the UN Charter, is subject to a broad interpretation. Thus, in paragraph 4 of Art. 2 of the Charter deals primarily with the prohibition of the use of armed force, but already in the Final Act of the CSCE the obligation of participating states to “refrain from all manifestations of force for the purpose of coercing another participating state” and “to refrain from any act of economic coercion” is indicated. Consequently, modern international law prohibits the unlawful use of force, both armed and in the broad sense - in any of its manifestations.
However, special attention should be paid to the concept of “lawful use of armed force”. The UN Charter provides for two cases of lawful use of armed force: for the purposes of self-defense (Article 51) and by decision of the UN Security Council in the event of a threat to the peace, a violation of the peace or an act of aggression (Articles 39 and 42).
Articles 41 and 50 of the UN Charter contain provisions authorizing the lawful use of unarmed force. Such measures include “a complete or partial interruption of economic relations, railway, sea, air, postal, telegraph, radio or other means of communication, as well as the severance of diplomatic relations.”
The use of armed force in self-defense is lawful in the event of an armed attack on the state. Article 51 of the UN Charter expressly excludes the use of armed force by one state against another if the latter takes economic or political measures. In such situations, or even if there is a threat of attack, a country can resort to retaliatory measures only if the principle of proportionality is respected.
Within the UN structure, one of the main bodies responsible for maintaining international peace and security is the Security Council, which, if it considers the non-armed measures recommended for resolving conflicts to be insufficient, “is authorized to take such action by air, sea or ground forces such as may prove necessary for the maintenance or restoration of international peace and security. Such actions may include demonstrations, blockades and other operations by air, sea or ground forces of Members of the Organization" (Article 42).
The UN Charter does not contain full list specific coercive measures. The Security Council may decide to apply other measures not specifically listed in the Charter.
71. The law of armed conflict is a set of principles and norms of international law that establish the mutual rights and obligations of subjects of international law regarding the use of means and methods of armed struggle, regulating relations between belligerents and neutral parties and determining responsibility for violation of relevant principles and norms.
The special principles of the law of armed conflict are the principles that limit the belligerents in the choice of means and methods of warfare, the principles of protecting the rights of combatants and non-combatants, the principles of protecting the rights of the civilian population, as well as those defining the legal regime of civilian objects, the principles of neutrality and relations between belligerents and neutral states.
Among the most important sources of the right to wage war are the St. Petersburg Declaration on the Abolition of the Use of Explosive and Incendiary Bullets of 1868, the Hague Conventions of 1899 and 1907. on the laws and customs of land war, on bombardment by naval forces during war, on the rights and duties of neutral powers and persons in the event of a land war, on the rights and duties of neutral powers in the event of a naval war, and some others.
The most important international agreements on means and methods of warfare include: the Geneva Protocol on the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and Bacteriological Agents of 1925, the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, the Prohibition Convention military or any other hostile use of means of influencing the natural environment in 1977, etc.
The subject of regulation of the rules of warfare are the specific social relations that develop between its subjects during armed conflicts.
An international armed conflict is an armed clash between states or between a national liberation movement and the mother country, that is, between the rebel (belligerent) side and the troops of the corresponding state.
A non-international armed conflict is an armed clash between anti-government organized armed groups and the armed forces of the government, taking place on the territory of a single state.
Article 48 of Additional Protocol I to the 1949 Geneva Convention states: “In order to ensure respect for and protection of the civilian population and civilian objects, the parties to a conflict must always distinguish between the civilian population and combatants, and between civilian objects and military objectives, and accordingly direct your actions only against military targets.”
72. The outbreak of war and its legal consequences
Declaring war entails a number of legal consequences:
1. The beginning of a war means the end of peaceful relations between states. Diplomatic, consular and other relations are terminated. Embassy and consulate staff are being recalled.
2. The outbreak of war affects the validity of international treaties existing between the warring states. Political, economic and other agreements designed for peaceful relations cease to apply. With the outbreak of hostilities, the actual implementation of the rules and principles of LOAC begins; The peculiarity of humanitarian conventions is that they cannot be denounced during war by the parties to the armed conflict.
3. A special regime may be applied to citizens of the enemy country; their right to choose their place of residence is limited; they may be interned or forced into certain place(Articles 41, 42 of the 1949 Geneva Convention “On the Protection of Civilian Persons in Time of War”). international trade); 3) temporary... national and international rules By preventing pollution of the World Ocean. 2) International convention By preventing pollution...
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