Federal State Autonomous Educational Institution of Higher Professional Education North-Eastern Federal University named after. M.K. Ammosova
Department of English Philology
Course work
on the topic: THE ROLE OF THE UN, THE UN SECURITY COUNCIL IN THE SETTLEMENT OF INTERNATIONAL CONFLICTS
Completed:
Stepanova Natalya
Yakutsk, 2013
Introduction
1 General information about the UN
2 UN structure
3 Role of the UN Security Council
2 International conflicts in the modern world
Conclusion
List of used literature
Introduction
In light of recent events in the world, such as the threat of nuclear war between North and South Korea, this work is extremely relevant. In view of a number of problems that the world community is experiencing in the 21st century, it is necessary to take a set of measures to strengthen collective security and resolve international conflicts.
The purpose of this course work is to outline the role of the United Nations in resolving international conflicts.
Objectives of this course work:
study the structure of the UN
define the role of the UN Security Council as the body with primary responsibility for maintaining peace and security
study the history of international conflicts and ways to resolve them
compare modern conflicts with earlier conflicts and explain what their fundamental differences are.
The object of study of this work is the United Nations and, in particular, the Security Council.
The subject of the study is international conflicts and the direct relationship of the UN Security Council to them.
Review of sources and literature. During the study, the works of the following authors were used: Maleev Yu.N., Fedorov V.N., Biryukov P.N., Urquhart B. and others. Materials and documents from various websites were used, including the official website of the United Nations.
Chapter 1. United Nations
1General information about the UN
The United Nations is a unique international organization. It was founded after the Second World War by representatives of 51 countries who were supporters of maintaining peace and security throughout the world, developing friendly relations between countries and promoting social progress, improving living conditions and the state of human rights.
Its unique character and the powers conferred by the Charter enable the Organization to act on a wide range of issues, providing a forum for its 193 Member States to express their views through the General Assembly, the Security Council, the Economic and Social Council and other bodies and committees.
According to Article 1 of the UN Charter, the purposes of the UN are:
Maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression or other breaches of the peace and carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations which may lead to a breach of peace;
To develop friendly relations between nations on the basis of respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen world peace;
To carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, and
To be a center for coordinating the actions of nations in achieving these common goals.
Within the framework of the UN, in the post-war period, over 500 various multilateral international agreements were developed and concluded, many of which are of fundamental importance for the development of broad international cooperation (Treaty on the Non-Proliferation of Nuclear Weapons, international covenants on human rights, Comprehensive Nuclear Test Ban Treaty, etc. ) .
One of the characteristic features of the UN Charter is that it does not reduce the provision of international security only to military-political aspects, but determines it by a complex of economic, legal, humanitarian and other factors.
The UN Charter embodies democratic ideals, in particular, it affirms faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women, enshrines the equality of large and small nations (preamble), creates conditions under which justice and respect for the obligations arising from treaties and other sources of international law (Preamble), and encourages peoples to practice tolerance, live in peace with each other as good neighbors, and join forces to maintain international peace and security (Preamble).
2 UN structure
UN General Assembly.
The General Assembly is the main deliberative body of the United Nations. Decisions on certain important issues, such as recommendations regarding peace and security and the election of members of the Security Council, are taken by a two-thirds majority of member states; decisions on other issues are made by a simple majority of votes.
The Assembly consists of 193 members of the United Nations and serves as a forum for multilateral discussion of the full range of international issues reflected in the Charter. The Assembly meets in regular annual session from September to December and thereafter as necessary.
Each member state has one vote in the Assembly. Some of the Member States in arrears in the payment of their contributions may, however, be allowed by the General Assembly to vote.
The General Assembly has established a number of councils, working groups, boards, etc. to perform certain functions.
The General Assembly has developed and approved its own Rules of Procedure, according to which it elects its President for each new session.
UN Security Council.
The Security Council (SEC) is a permanent body of the United Nations, which, in accordance with Article 24 of the UN Charter, has primary responsibility for maintaining international peace and security.
The Security Council consists of fifteen members of the Organization. Each member of the Security Council has one vote. Members of the Organization agree, in accordance with this Charter, to obey and implement the decisions of the Security Council.
The Security Council plays a leading role in determining whether a threat to peace or an act of aggression exists. It encourages the parties to a dispute to settle it peacefully, and recommends methods of settlement or terms of settlement. In some cases, the Security Council may resort to sanctions or even authorize the use of force in order to maintain or restore international peace and security.
In addition, the Council makes recommendations to the General Assembly regarding the appointment of a new Secretary-General and the admission of new members to the UN. The General Assembly and the Security Council elect the judges of the International Court of Justice.
International Court.
The International Court of Justice is the main judicial organ of the United Nations. It was established by the Charter of the United Nations, signed on June 26, 1945 in San Francisco, to achieve one of the main purposes of the UN: “to carry through by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations which may lead to a breach of peace." The Court operates in accordance with the Statute, which is part of the Charter, and its Rules of Procedure. It began operating in 1946, replacing the Permanent Court of International Justice, which was established in 1920 under the auspices of the League of Nations. The seat of the Court is the Peace Palace in The Hague (Netherlands). The Court is the only one of the six main organs of the UN located outside New York.
The International Court of Justice is composed of 15 independent judges, selected regardless of their nationality, from among persons of high moral character who meet the requirements in their countries for appointment to the highest judicial positions or are jurists of recognized authority in the field of international law.
The International Court is intended to become one of the key components in the strategy for the peaceful resolution of disputes and disagreements between states and ensuring law and order in the world.
The court is served by the Registry, its administrative body.
Economic and Social Council.
The UN Economic and Social Council (ECOSOC) is one of the main bodies of the United Nations, which coordinates cooperation in the economic and social fields of the UN and its specialized agencies.
ECOSOC's remit includes consideration of international economic, social and environmental issues. The Council was established in 1946 by the Charter of the United Nations as a central forum for discussing such problems and making policy recommendations.
In accordance with its broad mandate, ECOSOC is responsible for almost 70 percent of the human and financial resources of the entire UN system, including the activities of 14 specialized agencies, 9 “functional” commissions and 5 regional commissions.
ECOSOC consists of 54 states elected by the General Assembly for a term of three years. There are no restrictions on re-election: a retiring ECOSOC member can be re-elected immediately. Each ECOSOC member has one vote. Decisions are made by a majority vote of the ECOSOC members present and voting.
Guardianship Council.
The UN Trusteeship Council is one of the main organs of the United Nations, which was created to oversee the administration of trust territories falling under the international trusteeship system.
The Trusteeship Council suspended its work on November 1, 1994, after all 11 Trustee Territories gained independence, most recently Palau on October 1, 1994.
After which Kofi Annan (Ghanaian diplomat, 7th Secretary-General of the United Nations (1997-2006)) proposed that this UN body become a forum for collective care of the environment. The Trusteeship Council was created to provide international oversight of the 11 trust territories administered by the seven member states, and to ensure that their governments were making the necessary efforts to prepare the territories for self-government or independence. By 1994, all trust territories had achieved self-government or become independent, either as independent states or by joining neighboring independent states.
Since the work of the Trusteeship Council has been completed, it currently consists of five permanent members of the Security Council. Its rules of procedure have been amended accordingly to enable it to hold meetings only when circumstances may require it.
11 territories were included in the guardianship system:
1.Part of the territory of Cameroon and part of the territory of Togo (administered by France).
.Part of the territory of Cameroon and part of the territory of Togo (administered by Great Britain).
.Tanganyika (under British administration).
.Ruanda-Urundi (administered by Belgium).
.Somalia (ruled by Italy).
.New Guinea (administered by Australia).
.Western Samoa (under US administration).
.Caroline Islands (administered by the United States).
.Mariana Islands (administered by the United States).
.Marshall Islands (administered by the United States).
.Nauru (administered by Great Britain, Australia, New Zealand).
The UN Secretariat is an international staff located in agencies around the world and carrying out the varied day-to-day work of the Organization. It serves the other main organs of the United Nations and implements the programs and policies adopted by them. The Secretariat is headed by the Secretary General, who is appointed by the General Assembly on the recommendation of the Security Council for a period of 5 years with the possibility of re-election for a new term.
The responsibilities performed by the Secretariat are as varied as the issues with which the United Nations is concerned, from leading peacekeeping operations to mediating international disputes, from compiling surveys of economic and social trends and issues to preparing studies on human rights and sustainable development. In addition, Secretariat staff guide and inform the world's media about the work of the United Nations; organizes international conferences on issues of global importance; monitors the implementation of decisions of United Nations bodies and translates speeches and documents into the official languages of the Organization.
The UN Headquarters is located in New York, but the Organization maintains a significant presence in Geneva, Vienna and Nairobi. The United Nations Office at Geneva serves as a center for diplomatic meetings and a forum for discussing disarmament and human rights issues. The United Nations Office at Vienna is the Organization's headquarters for international drug control, crime prevention and criminal justice, the peaceful uses of outer space and international trade law. The UN Office at Nairobi serves as the center for United Nations activities in the areas of human settlements and the environment.
As of 30 June 2010, the Secretariat's staff totals approximately 44,000 employees.
3 The role of the UN Security Council. Powers and functions of the UN Security Council
The Security Council is one of the main organs of the UN and plays a major role in maintaining international peace and security.
The Security Council consists of 15 members: five permanent (Russia, USA, Great Britain, France, China) and ten non-permanent, elected in accordance with the UN Charter. The list of permanent members is fixed in the UN Charter. Non-permanent members are elected by the UN General Assembly for two years without the right of immediate re-election.
The Security Council is empowered to investigate any dispute or situation that may give rise to international friction or give rise to a dispute, to determine whether the continuation of that dispute or situation is likely to threaten international peace and security. At any stage of such a dispute or situation, the Council may recommend the appropriate procedure or methods of settlement.
The parties to a dispute, the continuation of which may threaten international peace or security, have the right to independently decide to refer the dispute to the Security Council for resolution. However, if the Security Council considers that the continuation of a given dispute may threaten the maintenance of international peace and security, it may recommend such terms for the settlement of the dispute as it considers appropriate.
A non-UN member state may also bring attention to any dispute to which it is a party if, in relation to that dispute, it accepts in advance the obligations of the peaceful settlement of disputes provided for in the UN Charter.
In addition, the Security Council determines the existence of any threat to the peace, any breach of the peace or act of aggression and makes recommendations to the parties or decides what measures should be taken to restore international peace and security. The Council may require the parties to the dispute to implement such provisional measures as it deems necessary. Security Council decisions are binding on all UN members.
The Council is also empowered to decide what measures, other than the use of military force, should be used to implement its decisions, and to require members of the organization to implement these measures. These measures may include complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations.
If the Security Council considers that these measures are or have been found to be insufficient, it may take such action by air, sea or land forces as may be necessary to maintain or restore peace and security. UN member states undertake to place at the disposal of the Council the armed forces necessary to maintain peace.
It must be taken into account that the UN Charter in no way affects the inalienable right of each state to individual or collective self-defense in the event of an armed attack on a UN member until the Security Council takes appropriate measures to maintain peace and security.
Each member state of the Security Council has one representative here. The Security Council sets its own rules of procedure, including the procedure for electing its President.
Decisions in the Security Council on issues of procedure are considered adopted if nine members of the Council vote for them. On other issues, decisions are considered adopted when nine members of the Council vote for them, including the concurring votes of all permanent members of the Council, and the party involved in the dispute must abstain from voting. If, when voting on a non-procedural issue, one of the permanent members of the Council votes against, the decision is considered not adopted (veto power).
The Security Council may establish subsidiary bodies necessary for the performance of its functions. Thus, to assist the Security Council on the use of troops placed at its disposal and the regulation of weapons, a Military Staff Committee was created, consisting of the chiefs of staff of the permanent members of the Security Council or their representatives.
Structure of the UN Security Council.
Article 29 of the Charter of the United Nations states that the Security Council may establish such subsidiary organs as it finds necessary for the performance of its functions. This is also reflected in rule 28 of the Council's Provisional Rules of Procedure.
All current committees and working groups consist of 15 Council members. While the standing committees are chaired by the President of the Council, whose position is filled on a monthly rotation basis, other committees and working groups are chaired or co-chaired by nominated members of the Council, whose names are presented annually in a note by the President of the Security Council.
The mandates of subsidiary bodies, whether committees or working groups, range from procedural issues (e.g. documentation and procedures, meetings away from Headquarters) to substantive issues (e.g. sanctions regimes, counter-terrorism, peacekeeping operations).
The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are subsidiary organs of the Security Council within the meaning of Article 29 of the Charter. As such, they are dependent on the United Nations for administrative and financial matters, but as judicial bodies they are independent of any state or group of states, including their constituent body, the Security Council.
Committees.
Counter-Terrorism and Non-Proliferation Committee
Counter-Terrorism Committee established pursuant to resolution 1373 (2001)
Committee to Prevent the Proliferation of Nuclear, Chemical or Biological Weapons and Their Means of Delivery (1540 Committee).
Military Staff Committee
The Military Staff Committee helps plan United Nations military measures and regulate weapons.
Sanctions Committees (Ad Hoc)
The use of mandatory sanctions is intended to put pressure on a state or entity to adhere to the goals determined by the Security Council without resorting to the use of force. Thus, for the Security Council, sanctions are one of the important tools for ensuring compliance with its decisions. Because of its universal nature, the United Nations is a particularly suitable body to introduce such measures and monitor their application.
The Council resorts to binding sanctions as a means of enforcing its decisions when peace is threatened and diplomatic efforts have failed. Sanctions include comprehensive economic and trade sanctions and/or targeted measures such as arms embargoes, travel bans, and financial or diplomatic restrictions.
Standing committees and special bodies
Standing committees are open-ended bodies and are usually established to deal with certain procedural matters, such as the admission of new members. Special committees are established for a limited period of time to resolve a particular issue.
Peacekeeping operations and political missions
A peacekeeping operation involves military, police and civilian personnel who work to provide security, political and early peacebuilding support. Peacekeeping activities are flexible and have been implemented in numerous configurations over the past two decades. Today's multidimensional peacekeeping operations are designed not only to maintain peace and security, but also to facilitate political processes, provide protection for civilians, and assist in the disarmament, demobilization and reintegration of former combatants; provide support for the organization of elections, protect and promote human rights and assist in restoring the rule of law.
Political missions are one element in a range of United Nations peace operations that operate at different stages of the conflict cycle. In some cases, after peace agreements are signed, the political missions managed during the peace negotiation phase by the Department of Political Affairs are replaced by peacekeeping missions. In some cases, United Nations peacekeeping operations are being replaced by special political missions whose mission is to monitor longer-term peacebuilding activities.
International courts and tribunals.
The Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 after widespread violations of humanitarian law were committed in the former Yugoslavia during military operations. It was the first post-war tribunal established by the United Nations to prosecute war crimes, and the first to prosecute war crimes since the Nuremberg and Tokyo tribunals, which were established at the end of the Second World War. The Tribunal tries those individuals who are primarily responsible for heinous acts such as murder, torture, rape, slavery and destruction of property, as well as other violent crimes. Its goal is to ensure justice is served for thousands of victims and their families and thus contribute to the establishment of lasting peace in the area. As of the end of 2011, the Tribunal had convicted 161 people.
The Security Council established the International Criminal Tribunal for Rwanda (ICTR) in 1994 to prosecute those responsible for genocide and other serious violations of international humanitarian law committed in Rwanda between 1 January and 31 December 1994. It may also prosecute Rwandan citizens who committed acts of genocide and other similar violations of international law in neighboring countries during the same period. In 1998, the Rwanda Tribunal became the first international court to reach a verdict in a genocide case, and also the first in history to impose punishment for such a crime.
Advisory subsidiary body.
The Peacebuilding Commission (PBC) is an intergovernmental advisory body that supports efforts to bring peace to countries emerging from conflict, and is an important complementary tool for the international community to contribute to its broader peace agenda.
The Peacebuilding Commission plays a unique role in terms of:
ensuring coordinated engagement among all relevant actors, including international donors, international financial institutions, national governments and troop-contributing countries;
resource mobilization and allocation;
The Peacebuilding Commission is an advisory subsidiary body to both the Security Council and the General Assembly.
4 Current activities of the Security Council
According to paragraph 1 of Art. 23 of the UN Charter, the Security Council consists of 5 permanent members and 10 non-permanent members. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America are listed as permanent members. Despite the fact that the USSR ceased to exist, the amendment to Art. 23 of the UN Charter was not introduced. Currently, the place of the USSR in the Security Council is occupied by the Russian Federation. The place of the Republic of China, under pressure from the PRC and the countries of the socialist bloc, was given to the People's Republic of China.
Clause 2 of this article states that
Non-permanent members of the Security Council are elected for two-year terms. At the first election of non-permanent members, following the expansion of the Security Council from eleven to fifteen, two of the four additional members are elected for a term of one year. A retiring member of the Security Council is not subject to immediate re-election.
Non-permanent members are elected on the basis of equal regional representation. UN member states are divided into five groups, each of which has a certain number of seats on the Security Council:
African Group (54 states) - 3 seats
Asian group (53 states) - 2 seats (+ 1 permanent member seat - PRC)
Eastern European Group (CEIT, 23 states) - 1 place (+ 1 place of permanent member - Russia)
Group of Latin American and Caribbean States (GRULAC, 33 states) - 2 seats
Group of Western European and other states (WEOG, 28 states) - 2 seats (+ 3 seats of permanent members - USA, UK, France).
One place in the group of states of Western Europe and other states must necessarily be given to a Western European state. The representative of the Arab states is alternately selected from the African and Asian groups.
Until 1966, there was another division into regional groups: Latin American group (2 places), Western European group (1 place), Eastern Europe and Asia group (1 place), Middle Eastern group (1 place), Commonwealth group (1 place).
Non-permanent members of the UN are elected by the UN General Assembly for a term of two years, with one member of five each year. One state cannot hold the seat of a non-permanent member for more than one consecutive term.
Below are the current non-permanent members of the UN Security Council (the year of expiration is indicated in brackets):
Australia (2014)
Azerbaijan (2013)
Argentina (2014)
Guatemala (2013)
Luxembourg (2014)
Morocco (2013)
Pakistan (2013)
Republic of Korea (2014)
Rwanda (2014)
Some member states with a long history of participation in the UNSC are members of the G4 group, whose members are seeking a permanent seat on the UNSC. These are Brazil and Japan (20 years of participation in the Security Council each), India (14 years) and Germany (10 years).
Fight against terrorism.
Since the early 1990s, the Security Council has consistently dealt with terrorism issues. During this period of his activity, a number of sanctions were adopted against states that were suspected of having links with terrorist organizations: Libya (1992), Sudan (1996) and Afghanistan (1999 - the Taliban movement, 2000 - the Al-Qaeda organization "). By resolution 1269 (1999), adopted in 1999, the Security Council called on countries to cooperate to prevent all terrorist attacks. This resolution marked the beginning of the intensification of the Council's counter-terrorism activities after September 11, 2001.
Before the terrorist attacks on the United States on September 11, 2001, the Security Council created an influential counterterrorism body: the 1267 Committee. Its task was to monitor the implementation of sanctions against the Taliban (and, since 2000, al-Qaeda). At the request of the Security Council, the Secretary-General established an Analytical Support and Sanctions Monitoring Unit to support the work of the Committee. The Panel included experts on counter-terrorism and related legal issues, arms embargoes, travel bans and terrorist financing.
Following the events of September 11, 2001, the Security Council, by resolution 1373 (2001), established a Counter-Terrorism Committee consisting of all members of the Security Council. This resolution obliges Member States to take a range of measures to prevent terrorist activities and to criminalize various forms of terrorist activities, and to cooperate, especially through bilateral and multilateral mechanisms and agreements, to prevent and combat terrorist attacks. Member States are required to regularly report to the Counter-Terrorism Committee on the measures they have taken to implement resolution 1373.
To assist the Counter-Terrorism Committee, the Security Council adopted resolution 1535 (2004) in 2004, establishing the Counter-Terrorism Committee Executive Directorate (CTED), whose task was to monitor the implementation of resolution 1373 and provide technical assistance to Member States.
By resolution 1540 (2004), the Security Council established a new body dedicated to counter-terrorism issues, the 1540 Committee, which also consists of all members of the Council. The Committee monitors compliance by Member States with the provisions of resolution 1540, which calls for preventing access to weapons of mass destruction by non-state actors (including terrorist groups).
In its subsequent resolutions, the Council has urged Member States to take action against groups and organizations engaged in terrorist activities that do not fall within the scope of the review carried out by the Committee established pursuant to resolution 1267 (1999). In 2004, the Council also adopted resolution 1566 (2004), which called on Member States to take action against groups and organizations involved in terrorist activities not covered by revised resolution 1267. Resolution 1566 established the Council-member 1566 Working Group to develop recommendations for practical measures to be applied to individuals and groups, and for consideration of the possibility of establishing a compensation fund for victims of terrorism.
On the sidelines of the 2005 World Summit, the Security Council met at a high level and adopted resolution 1624 (2005), which condemned all acts of terrorism, regardless of their motives or motives. It also called on Member States to legally prohibit terrorist acts and incitement to commit them, and to deny asylum to perpetrators of such crimes.
By adopting a number of additional resolutions in recent years, the Council has strengthened the work of its counter-terrorism bodies.
Following the General Assembly's second review of the implementation of the United Nations Global Counter-Terrorism Strategy (A/RES/60/228) and the subsequent adoption of General Assembly resolution 64/297, the Security Council held an open debate on 27 September 2010 on threats to international peace and security created by terrorist acts.
During this meeting, Council members emphasized the need for a comprehensive, integrated approach and increased cooperation within the international community to effectively combat terrorism.
In a presidential statement following the meeting (S/PRST/2010/19), the Council noted with concern that the threat posed by terrorism has become more dispersed with an increase in the number of terrorist attacks in various regions of the world, including those committed as a result of intolerance or extremism, and reiterated his determination to combat this threat.
Recognizing that terrorism cannot be defeated through military force, law enforcement and intelligence operations alone, Council members emphasized the need to address the conditions conducive to the spread of terrorism. In particular, they called for continued international efforts to expand dialogue and deepen mutual understanding among civilizations in order to prevent unfounded attacks on different religions and cultures, which can help combat the forces that give rise to polarization and extremism.
Chapter 2. Analysis of the actions of the UN Security Council in matters of resolving international conflicts
1 Methods of resolving international conflicts of the UN Security Council
During its activity, the UN Security Council, as stated in the UN Charter, confirmed its main purpose. He has the primary responsibility for maintaining peace and security. Numerous resolutions were signed within the UN, the most important of them being the Resolution on the Principles Guiding the General Regulation and Reduction of Armaments (1946), the Resolution on General and Complete Disarmament (1959), the Declaration on Strengthening International Security (1970), the Resolution on the Non-Use of Force in international relations and the eternal ban on the use of nuclear weapons (1972), etc.
At the moment, there are about 40 completed peacekeeping missions - in Asia, America, Africa, the Middle East and Europe. Let's look at methods for resolving some of them.
The United Nations, as an international organization, acts as a third party in resolving conflicts, whether between countries or within a country. Since its founding, the UN has set itself the high goal of maintaining international peace and security. The UN considers potential threats to peace, acts of aggression, disputes and conflicts between states. The Security Council relies on military force and the principle of unanimity of its five permanent members. He either carries out a peaceful resolution of disputes, or eliminates, suppresses threats to peace and counters them with force.
We have identified several stages of resolving international conflicts:
)Preventing conflict in advance, i.e. identifying the very first signs of an emerging international conflict at the regional level. This occurs through monitoring the situation at the regional level and is implemented with the help of UN representatives in the country, friendly regional organizations, non-governmental organizations and civil society. In addition, according to clause 2 of Art. 35 of the Charter of the United Nations, a State which is not a Member of the Organization may bring to the attention of the Security Council or the General Assembly any dispute to which it is a party if it has accepted in advance with respect to that dispute the obligations for the peaceful settlement of disputes provided for in this Charter .
Thus, the Council pioneered preventive deployment by using the United Nations Protection Force (UNPROFOR) in the former Yugoslav Republic of Macedonia in 1992 to monitor developments in border areas that could undermine and threaten confidence and stability in that republic. territories. After the termination of UNPROFOR's mandate on 1 February 1996, the UN Preventive Deployment Force (UNPREDEP) began to operate as an independent mission, marking the beginning of the use of this type of innovation in the future. The Security Council also actively used the creation of demilitarized zones. Thus, in accordance with its resolution 687 of April 3, 1991, the Council established a demilitarized zone on both sides of the border between Iraq and Kuwait and in April 1991 established the United Nations Iraq-Kuwait Observation Mission (UNIKOM) to monitor the demilitarized zone. The Council has repeatedly promoted the adoption of preventive humanitarian actions (in the former Yugoslavia, on the African continent, etc.).
However, according to other authors, the UN rather only reports the need for preventive measures, but does not take any action. The actions taken by the UN were in response to criticism from the media and the public, which does not fit into the general UN concept of conflict prevention. Therefore, if there were no measures or they turned out to be weak, then the transition to the second stage is carried out.
)Peacekeeping and peacekeeping operations. This could be either diplomatic negotiations or peacekeeping forces. The UN armed forces are used in the event of an armed conflict.
There are several types of peacekeeping operations; scientists count about 10 of them. The main criterion for classification is the use/non-use of weapons. The first type of operations are operations whose purpose is to support peacekeeping efforts so that the warring parties can come to negotiations. The second type includes all peaceful ways to resolve the conflict or observer missions (unarmed). The task of military unarmed observers is to monitor the implementation of the truce, identify facts of its violation and provide reports to the UN Security Council.
So called traditional Peacekeeping operations (which include the provision of humanitarian assistance to victims, disarmament, mine clearance, administration, etc.), as the experience of past years shows, are considered the most successful operations carried out by the Security Council. In contrast, operations that involve taking all necessary measures fail. They apparently contradict the very definition of peacekeeping. Another example of a paradox is the awarding of the Nobel Peace Prize to Canadian Foreign Minister L. Piersen for the idea of using UN armed forces in resolving the Suez crisis in 1956. It is obvious that new measures are needed to ensure collective security. The creation of such approaches, as well as the creation of a universal early warning system for conflicts, are currently priority tasks of UN research centers.
The state in which the conflict is taking place may refuse to send troops, considering this a gross interference in the internal politics of the country. But even if peacekeeping troops have been deployed, this does not mean that the conflict can be considered resolved at the political level. The act of introducing UN troops (or as they are called - blue helmets ), can only be considered temporary - while searching for a peaceful solution.
There is a very important difference between keeping peace and making peace. To conduct peacekeeping operations, it is necessary to obtain the consent of the sovereign state of the territory (which it may not give, as mentioned above) in which it is carried out. Although, it must be admitted, the government can be completely devoid of power and authority, as was the case in Somalia in the 1990s.
By the end of the twentieth century, the term “second generation peacekeeping operations” came into international use, which refers to the practice of peace enforcement. Such operations may be authorized without the consent of the parties, but only in the event of a threat to international peace posed by interstate conflicts or events within states.
)Peacebuilding, i.e. a set of special measures to prevent conflicts in this territory again.
Special measures, according to the official UN website, include:
providing humanitarian assistance to children, women, and random victims of conflicts (this includes providing medical care, provision of food, water, etc.)
ceasefire monitoring
demobilization and reintegration of combatants
assistance in the return of refugees and displaced persons
assistance in organizing elections and monitoring the election of a new government
support for judicial and security reforms
strengthening human rights protection mechanisms and promoting reconciliation after atrocities
Oddly enough, the UN Charter makes no mention of peacebuilding or post-conflict resolution.
Peacebuilding is a relatively new term, the concept of which was put forward 6 by UN Secretary General Boutros B. Ghali in his report “An Agenda for Peace” in June 1992 and developed in its Supplement in January 1995.
The fundamental position is that post-conflict peacebuilding must be carried out in accordance with the principles of the UN Charter, including the principles of political independence, sovereignty and territorial integrity of all states.
The issue of peacebuilding occupied an important place at the Millennium Summit.
The Security Council Statement on Peacebuilding: Towards a Comprehensive Approach points out that peacemaking, peacekeeping and peacebuilding are often closely linked, and emphasizes that this linkage requires a comprehensive approach to sustain gains and prevent relapse into conflict. The statement also states that peacebuilding aims to prevent the outbreak, resumption or continuation of armed conflicts and therefore covers a wide range of programs and mechanisms in the fields of politics, development, humanitarian issues and human rights.
Peacebuilding should be seen as a comprehensive strategy involving political, social, humanitarian and development measures. Actions taken must be multidisciplinary in the broadest sense and can cover five key areas of peacebuilding: the negotiation and implementation of peace agreements; security stabilization; good governance, democratization and human rights; justice and reconciliation; and humanitarian relief and sustainable development.
The UN Economic and Social Council plays an important role in the problem of peacebuilding. It plays a leading role in creating a mechanism for resolving the various problems faced by countries emerging from conflict.
Given the organic role of socio-economic issues in post-conflict peacebuilding, ECOSOC has demonstrated its expertise in this area. The ECOSOC Ad Hoc Advisory Groups on African countries emerging from conflict and on Haiti have stressed the need to mobilize donor assistance while calling on national authorities to create an environment conducive to increased support.
ECOSOC works closely with the Peacebuilding Commission (PBC) within the UN Security Council. This advisory subsidiary body currently includes tasks to resolve problems in such states as Burundi, Guinea, Guinea-Bissau, Liberia, Sierra Leone, and the Central African Republic.
Let's look at the issue of peacebuilding using the example of a state like Sierra Leone.
Based on the Secretary-General's Seventh Report on the United Nations Integrated Peacebuilding Office in Sierra Leone, the country's peacebuilding priorities are:
issues related to youth employment and empowerment
reforms of security and justice systems, good governance
energy development and capacity building.
The Peacebuilding Fund in Sierra Leone supports projects on non-state actors, victims of war, and gender components. This is strengthening the system of advisory services for victims of sexual and gender-based violence and improving the legislative framework to recognize the rights of women and girls.
The UN has adopted a four-pronged approach to addressing gender issues, namely:
a) increasing access to health care for women and girls
b) providing opportunities for participation in the political life of the country
c) ensuring access to the justice system
d) taking measures to combat gender-based violence
Also, among the problems solved by the CCM, there are problems of effective governance, problems of combating drug trafficking and the problem of high youth unemployment. The 2012 Commission delegation reiterated its appreciation for progress in democratizing Sierra Leone's society.
UN sanctions.
There are also coercive and restrictive methods that are a level below the deployment of UN troops, but a level above preventive diplomacy or peace negotiations. We are talking about sanctions.
Sanctions can be imposed by states on their own initiative or by decision of international organizations. According to the UN Charter, in the event of a threat to the peace, a breach of the peace or an act of aggression, various sanctions may be imposed.
There are different types of sanctions.
Trade sanctions
Expressed in a ban or restriction on the import and export of goods, products and technologies. Particular attention is paid to those of a military nature.
Financial sanctions
Expressed in a ban or restriction on the provision of loans and credits to the country.
Political sanctions
They are expressed in the suspension or exclusion of the country from international organizations, the severance of diplomatic relations with it.
Sanctions on movement
They are expressed in the prohibition of the movement of certain persons abroad, as well as any means of communication.
Sports and cultural sanctions
They are expressed in the ban on participation in international sports competitions of those individuals or groups representing the country.
Articles 41-42 of the UN Charter empower the Security Council to take the following measures: complete or partial interruption of economic relations, railway, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations. May also include such actions as demonstrations, blockades and other operations by air, sea or ground forces of Members of the Organization.
But, of course, it is worth remembering that sanctions themselves do not solve the problem of political settlement of the conflict. Introduced to induce participants to end the conflict, sanctions lead to the isolation of these countries from the outside world. As a result, the ability to influence the conflict from the outside in order to find its resolution through peaceful means is limited.
2.2 International conflicts in the modern world
The entire history of international conflicts resolved by the UN can be divided into two periods. From its founding until the 1990s, the UN primarily resolved interstate conflicts. The very first UN peacekeeping mission was to monitor the truce reached in the Arab-Israeli conflict in 1948. The Cold War was an important international conflict.
There is no doubt that the nature of international conflicts has changed.
Over the 55 years of its existence, the UN has accumulated a lot of experience in resolving armed conflicts. However, in the 90s of the twentieth century, the nature of armed conflicts changed. The vast majority of clashes currently are internal. The resolution of an intrastate conflict collides with the sovereignty of individual states, which often do not want outside interference in their national politics. Therefore, already in the mid-90s, based on the experience of conflict resolution, the development of a strategy for the prevention of armed conflicts began.
A number of conclusions should be drawn that characterize the conflicts of the modern world order:
The increase in conflict in the modern world system has occurred due to the blurring of the boundaries of foreign and domestic policy, the increasing interdependence of states, and the spread of regional and local conflicts;
The majority of conflicts today are justified and legitimized using the principle of national self-determination.
The phenomenon of national extremism, that is, commitment to extreme views, ideas and measures aimed at achieving their goals for radically oriented social institutions, as well as small groups, has acquired particular importance;
in world conflictology a new term has appeared as ethnic (or national) terrorism;
due to the fact that the conflicts of the new generation are based on irreconcilable contradictions, usually of a religious nature, these are conflicts of the type fight where consensus is not possible. There must be one winner. Therefore, the theory of conflict resolution does not always justify itself; real institutions and legislation no longer fully meet the challenges of our time;
World conflictology does not have a sufficient number of methods for predicting conflicts and effective ways to prevent them.
In addition to the general characteristics, each conflict has its own distinctive features, its own conflict potential for regional and international security. And at the same time, their nature and course are not new; they have analogies in world practice, and, therefore, there is the possibility of their generalization into theory.
Conflicts of our time also have one distinctive feature. During cold war , sanctions were applied by the UN only twice - against Southern Rhodesia in 1966 and South Africa in 1977. But during the 1990s alone, sanctions were imposed by the Security Council seven times more often than in the previous 45 years. Sanctions began to be resorted to especially often at the end of the 20th century and the beginning of the 21st century, after the end of the Cold War. It is no coincidence that the 90s of the last century were called the “decade of sanctions.”
During the 1990s alone, sanctions were imposed by the Security Council against Iraq (1990), the former Yugoslavia (1991, 1992 and 1998), Libya (1992), Liberia (1992), Somalia (1992) .), Cambodia (1992), Haiti (1993), Angola (1993, 1997 and 1998), Rwanda (1994), Sudan (1996), Sierra Leone (1997) and Afghanistan (1999).
Conclusion
This course work examined the main provisions of the work of the United Nations. We have defined its role in the international security system. At the moment, the UN is one of the most influential and respected organizations in the world.
In the modern world, a large number of international conflicts cannot be resolved using classical methods of international strategy (military suppression, balance of power, etc.)
Each conflict is unique and requires an equally unique approach to resolution. However, in this work, we have identified general approaches to conflict resolution and their systematization.
The features of modern conflicts were identified. Thus, the UN must reconsider its attitude towards collective international security.
security international nation conflict
Bibliography
1. Fedorov V.N. The United Nations, other international organizations and their role in the 21st century. - M.: Logos, 2007. - 944 p.
Biryukov P.N. International law. Tutorial. M.: Lawyer. 1998.
Yu.N. Maleev. The UN Security Council and issues of international governance.//International Law.2006. - No. 1(25). - P. 24-47.
Urquhart B. // World economy and international relations. - 1996.-N1. - P.4-10.
Full text of the UN Charter in Russian
Seventh report of the Secretary-General on the United Nations Integrated Peacebuilding Office in Sierra Leone.
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Comparison of what is proclaimed in the UN Charter with what has been implemented in practice, high and noble aspirations with real methods and methods of their implementation, as well as the results and consequences of many UN actions cannot but cause mixed feelings. The general indicator of the effectiveness of the UN for 55 years is as follows: at the end of the twentieth century. More than 1.5 billion people lived on less than $1 a day. More than 1 billion adults, mostly women, could not read or write; 830 million people suffered from malnutrition; 750 million people lacked access to adequate housing or health care.
The United Nations has certainly played a significant role in history and will leave a brighter mark on it than its predecessor, the League of Nations. Figuratively speaking, the UN played the role of a kind of international constitutional assembly to harmonize rules of law that have become common not only to individuals, but also to entire states. And a lot has been done in this capacity.
An undoubted achievement is the very unification of all peoples and states of the planet under the common banner of ensuring international peace and security. An unconditional achievement is also the recognition of the principle of sovereign equality of all states and the universal obligation not to interfere in each other's internal affairs. Thanks to the global organization, the share and role of secret diplomacy has been significantly reduced, the world has become more open, and humanity has become more informed about what is happening in it. The annual sessions of the General Assembly, which brings together the leading figures of almost all states of the world, give each state the opportunity to address the international community with its problems and concerns, and the inhabitants of the planet to learn in a timely manner what is primarily troubling humanity as a whole.
With the active participation of the UN, important international legal acts were developed and adopted, which in a certain sense determined the course of world politics in the second half of the twentieth century. Suffice it to note that the first resolution adopted by the General Assembly on January 24, 1946 dealt with the problems of the peaceful use of atomic energy and the elimination of atomic and other types of weapons of mass destruction.
Continuing the traditions of the League of Nations, the UN organized the work of its permanent body - the international Conferences on Disarmament in Geneva. It discussed the main ideas of treaties banning nuclear weapons tests: first in the atmosphere, underground and under water (signed in 1963), and then over the seas and oceans (1971). The main ideas of the treaty on the non-proliferation of nuclear weapons were also discussed here, according to which nuclear powers pledged not to provide nuclear weapons to other countries, and states that did not yet possess such weapons - not to develop or produce them. The Comprehensive Nuclear Test Ban Treaty was adopted by the UN General Assembly on September 10 and has been open for signature since September 24, 1996, that is, more than half a century after the adoption of the first UN General Assembly resolution on the elimination of atomic and other weapons of mass destruction. In 1972, an agreement was signed banning the development, production and storage of bacteriological weapons, and another 20 years later (in 1992) a similar document was signed regarding chemical weapons. In 1990, it was possible to achieve the conclusion of an agreement on the reduction of conventional armed forces in Europe.
Humanity has long been using the riches of the seas and oceans, but so far only a small fraction of what they can give to people. Land, rivers and lakes are already divided between peoples and states, belonging to those who live in the corresponding territories. Enormous wealth lies at the bottom of international seas and oceans. How to use them and on the basis of what right?
In 1958, UN member states signed the Convention on the Continental Shelf, according to which the shelf of an internationally agreed width is divided among all coastal states. In 1982, the International Convention on the Law of the Sea was concluded. In connection with the beginning of space exploration, the question arose about the ownership of space objects and their natural resources. After lengthy discussions, an agreement was signed in 1979 on the activities of states on the Moon and other celestial bodies. These agreements and the Convention on the Continental Shelf declared space, the deep seabed and its mineral resources common heritage of humanity.
According to these international agreements, it was established that:
1) the sphere of the common heritage of humanity is not subject to any appropriation by states, individuals and legal entities;
2) when using the resources of the common heritage of humanity, the interests of the entire international community must be taken into account;
3) states are obliged to ensure that the activities of their organizations and individuals in areas of the common heritage of humanity are carried out in strict accordance with international rules;
4) when developing resources in these areas, the necessary measures must be taken to protect the environment.
Another important field of activity of the UN is its assistance in the process of eliminating colonial dependence and gaining state independence by the peoples of Africa, Asia and the Pacific and Atlantic basins. The UN General Assembly adopted in 1960 played an extremely important role in this process. Declaration on the Granting of Independence to Colonial Countries and Peoples". In accordance with it, more than 60 former colonies received state independence and became members of the UN. By the 50th anniversary of the UN (in 1995), there were still 17 self-governing territories in the world. The anniversary session of the General Assembly declared the year 2000 to be the year of the end of colonialism. The UN has also made a certain positive contribution to the process of resolving political and ethnic conflicts in individual countries.
The role of the UN is especially significant in the development of the international code of human rights. The inalienability and inalienability of human rights is already stated in the UN Charter itself. It also says about the UN mission, which is the need to “... to carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.”. Of lasting importance are Universal Declaration of Human Rights and adopted by the UN General Assembly in 1966 and entered into force in 1976 “ Covenant on Economic, Social and Cultural Rights" And " Covenant on Civil and Political Rights". The states that signed them pledged to create all the necessary conditions for the implementation of the human rights and freedoms proclaimed here. In development of the Universal Declaration of Human Rights and international covenants on human rights, the UN has adopted many dozens of declarations and conventions on the rights and freedoms of various segments and groups of the population. The achievements of the UN also include the activities of the UN specialized agencies discussed above (UNESCO, WHO, ILO, etc.)
The UN achieved its greatest successes in those areas of activity where the rivalry of the world's leading powers was less pronounced. Although it cannot be denied that it was the leading powers of the world who made the most significant contribution to this success. Oddly enough, it was the rivalry between the USA and the USSR and the systems of social relations they personified that played a good service for humanity and significantly advanced it along the path of progress. Thus, over the 85 years of the 20th century, despite two destructive world wars, global production of goods and services increased more than 50 times. 80% of this colossal growth occurred during the period of the most acute confrontation between the two systems - from 1950 to 1985. During this period, the rate of economic growth in the world was the highest in the history of mankind - about 5% annually. Of course, such development became possible thanks to many factors, including the scientific and technological revolution. In conditions of intense rivalry among themselves, states sought to use them to their maximum benefit. All this taken together made it possible to achieve the highest rates of economic growth and the longest cycle of crisis-free development in the world. The merits of the UN and its specialized agencies in these successes are significant. In the 1990s, following the collapse of the USSR, “the ideological conflicts and divisions of a bipolar world gave way to ethnic and religious intolerance, political ambition and greed, often exacerbated by the illegal trade in arms, jewelry and drugs.” The rate of economic growth has also decreased significantly.
The International Organization of the United Nations, known in the world as the UN, was created during the Second World War with the aim of strengthening peace and security between states, as well as developing their cooperation.
UN structure
To ensure its activities, the UN has a strict structure. Each body in the structure of the organization is responsible for a certain aspect of international relations:
- The Security Council is responsible for maintaining peace between countries and ensuring their security. All member countries of the UN are forced to obey the resolutions of the Security Council, although it consists of only 15 representatives.
- The Secretariat has more than 40 thousand employees. In essence, they are all international personnel who ensure the work of the UN around the world.
- The Secretary General heads the secretariat and is elected from among representatives of countries not members of the Security Council.
- The International Court of Justice is the UN body that carries out the judicial and legal activities of the organization.
- The Economic and Social Council helps realize economic and social cooperation between countries respectively.
- The specialized agencies are approved by one of the above bodies in order to better fulfill their international responsibilities. The most famous among such organizations are the World Bank, WHO, UNICEF, UNESCO.
UN and conflict resolution
Activities to promote the preservation of peace and security between countries are carried out primarily in the resolution of international conflicts. The UN organizes peacekeeping operations around the world. At the same time, investigations are carried out into the causes of conflicts, negotiations are conducted, and if armistice agreements are signed, their compliance by all parties to the conflict is monitored.
When necessary, the UN provides humanitarian assistance to victims of international conflicts or natural disasters. It consists not only of the provision of medicine, food and basic necessities, but also of the rescue activities of the UN.
The most significant role in the system of international relations at the present stage is played by the United Nations (UN). It became practically the first mechanism in history for broad, multifaceted interaction between different states in order to maintain peace and security and promote the economic and social progress of all peoples.
The most important goals of the United Nations are to stop the proliferation of weapons and to reduce and ultimately eliminate all stockpiles of weapons of mass destruction. The United Nations serves as a permanent forum for disarmament negotiations, making recommendations and initiating research in this area. It supports multilateral negotiations taking place within the Conference on Disarmament and other international bodies. As a result of these negotiations, international agreements were concluded such as - the Treaty on the Non-Proliferation of Nuclear Weapons (1968), - the Comprehensive Nuclear Test Ban Treaty (1996) - treaties on the creation of nuclear weapon-free zones.
The Vienna-based International Atomic Energy Agency, through a system of safeguards agreements, is responsible for ensuring that nuclear materials and equipment intended for peaceful purposes are not used for military purposes.
The fundamentals of the UN's activities and its structure were developed during the Second World War by the leading participants in the Anti-Hitler coalition.
The UN Charter was approved at the San Francisco Conference held from April to June 1945. According to it, “admission to membership of the Organization is open to all peace-loving states that accept the obligations contained in the Charter of the United Nations and which, in the judgment of the Organization, are able and willing to fulfill these obligations.” The admission of states to membership of the United Nations is carried out by decision of the General Assembly on the recommendation of the Security Council.
The UN General Assembly is considering the principles of cooperation in the field of ensuring international peace and security; elects non-permanent members of the UN Security Council, members of the Economic and Social Council; on the recommendation of the Security Council, appoints the UN Secretary-General; jointly with the Security Council, elects members of the International Court of Justice; coordinates international cooperation in the economic, social, cultural and humanitarian spheres; exercises other powers provided for in the UN Charter. The General Assembly has a sessional order of work. It can hold regular, special and emergency special sessions. The annual regular session of the Assembly opens on the third Tuesday in September.
Special sessions of the UN General Assembly may be convened on any issue at the request of the Security Council or at the request of a majority of UN members within 15 days from the date of receipt of such a request by the UN Secretary-General.
Emergency special sessions may be convened at the request of the UN Security Council or a majority of UN member states within 24 hours of receipt of such a request by the UN Secretary-General.
The UN Economic and Social Council is established by the Charter of the United Nations as the main body responsible for coordinating the economic, social and other related activities of the UN, as well as specialized agencies and organizations. Consists of 5 regional commissions for Europe, Africa, etc.
The seat of the International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, is The Hague, the Netherlands. The International Court of Justice is a forum for the peaceful settlement of legal disputes between states. The Court also prepares advisory opinions for the UN and its specialized agencies.
The Security Council has primary responsibility for the maintenance of international peace and security; All members of the UN are obliged to obey its decisions.
The Security Council consists of 15 members: five members of the Council are permanent (Russia, USA, Great Britain, France and China, with veto power), the remaining ten members (in the terminology of the Charter - “non-permanent”) are elected to the Council in accordance with the procedure provided for Charter.
Each of the listed UN structural divisions has subsidiary bodies on various specialized issues (educational and research institutes, agencies, committees, commissions, working groups, tribunals, specialized institutions).
Within the framework of the UN, a number of organizations have emerged that have organically entered the system of international relations both as UN structures and as independent organizations. These include:
WHO (World Health Organization);
ILO (International Labor Association);
IMF (International Monetary Fund);
UNESCO (Cultural and Scientific Organization);
IAEA (International Atomic Energy Organization);
UNCTAD (United Nations Conference on Trade and Development);
International Court.
UN reform. Since 2006 (after the 2005 World Summit), a number of reports on UN reform have been presented. The main problems of UN reform are:
1. Lack of representation in relation to developing countries.
2. The privileged position of permanent members of the UN Security Council.
3. The need to resolve the financial problems of the Organization with the only solution - granting rich economically developed countries the status of permanent or “semi-permanent” members of the Security Council.
Reform of the Security Council is one of the key and hotly debated areas of UN reform. For quite a long time, negotiations on this point could not get off the ground, but with the advent of the G20, which is increasingly successfully winning back zones of influence from the G8, supporters of diplomatic innovations got a second wind.
The question also arises about the radicalness of reforming the Security Council. Most of the existing proposals for reforming the Security Council can be reduced to two groups.
First, various ideas to improve the effectiveness of the Council.
Supporters of radical reform of the Security Council believe that he usurped power in the UN, appropriated it to himself, a council of limited composition, controlled by its five permanent members who have the right of veto. As a result, the so-called “small countries” that do not have such a right cannot trust the Security Council.
One of the weighty arguments is the lack of application of the sanctions provisions of Article VII of the UN Charter to the United States and Great Britain after the events in Iraq, Afghanistan, and Yugoslavia. In this regard, supporters of radical reform of the Security Council demand the transfer of powers of the Security Council to the General Assembly, which will ensure a more democratic decision-making process: the application of the provisions of Chapter VII of the UN Charter should become the prerogative of the General Assembly, it should have the right to adopt binding resolutions, the Security Council should become an instrument for implementation of General Assembly resolutions. In this case, the UN General Assembly, performing the functions of the world parliament, will remain the main legislative body and the Security Council will not be able to dictate its terms, remaining one of the executive bodies.
Secondly, proposals to change the composition of the Security Council.
In this case, the interests and influence of various countries and regions should be taken into account.
Countries of the “South”: they lack the material resources to support the functioning of the UN and the ability to influence the Security Council, so developing countries rely on limiting the veto power of permanent members of the Security Council. These countries are demanding greater participation in the UN decision-making process, expanding the number of permanent members to 11 countries based on the principle of equal geographical representation, and the Security Council should consist of 26 countries in total.
Countries of regional importance such as Italy, Spain, Turkey, Malaysia and some Scandinavian and Latin American countries want to formalize their status by lifting the ban on membership in the Security Council.
Highly developed countries (Germany, Japan), as well as representatives of all three regional groups of the developing world (India, Pakistan, Indonesia in Asia; Egypt, Nigeria, South Africa in Africa; Brazil and Argentina in Latin America) claim the title of permanent members of the Security Council.
Finally, the five current permanent members of the Council are united in their desire to maintain their current status, including the right of veto.
The United States has always actively advocated UN reform to increase the number of its allies in the organization. Back in the 70s, Washington put forward the idea of “quickfix” - the inclusion of Germany and Japan in the Security Council as permanent members. This would increase the number of American allies in the Security Council and at the same time reduce the size of US contributions to the UN budget, non-payment of which has become the main financial problem of the Organization. In the 1990s, under pressure from developing countries, Washington changed the “quickfix” to the “2+3” formula (Germany, Japan, plus one country from each region of the developing world). In 2000, the Bill Clinton administration agreed to expand the Security Council to more than 23 members.
Russia's position is ambiguous. Initially, based on the commitments given to Japan and Germany by Yeltsin, only these two candidates were supported. Subsequently, Russia's position was that the Security Council should include both industrialized and developing countries. The number of members of the expanded Security Council, according to Russia, should not exceed 20-21.
In the future, UN reform should concern:
1. freeing him from the political situation and bureaucratic fetters,
2. a sharp increase in the speed of response to crises and conflicts,
3. transferring the main organizational work, primarily the Department of Peacekeeping Operations, from New York “to the field.”
An example of a balanced decision within the framework of UN reform is the fate of the Commission on Human Rights: having lost confidence, it was disbanded. The commission was overly politicized and used by states to selectively criticize each other rather than solve real problems. The commission was replaced by the Human Rights Council, whose 47 members are elected by the UN General Assembly. The General Assembly is authorized, by a vote of two-thirds of its members, to suspend the rights and privileges of a member of the Council if he has persistently committed gross and systematic violations of human rights.
On September 8, 2000, the General Assembly adopted a landmark document - the UN Millennium Declaration. In it, states noted the values and principles that should be fundamental in the 21st century. In particular, the declaration set the vector for further transformation of the UN system and activities.
480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Dissertation - 480 RUR, delivery 10 minutes, around the clock, seven days a week and holidays
Gegraeva Leilya Khamzatovna. The role of the UN in resolving international conflicts: 23.00.04 Gegraeva, Leilya Khamzatovna The role of the UN in resolving international conflicts (On the example of the Arab-Israeli, Rwandan and Iraqi conflicts): Dis. ...cand. watered Sciences: 23.00.04 Moscow, 2005 166 p. RSL OD, 61:05-23/220
Introduction
Chapter 1. Participation of the UN in the development of the world political process 13
1. The role of the UN in ensuring a system of collective security 13
2. Modern conflicts and ways to resolve them in accordance with UN methods 28
Chapter 2. The UN and the resolution of international crises and conflicts in the modern world 44
1. Arab-Israeli conflict 44
2. Humanitarian tragedy in Rwanda 57
3. Iraq crisis 69
Chapter 3. Problems and ways of reforming the UN structure in the context of growing threats of international terrorism 78
1. New challenges and threats at the beginning of the 21st century. UN Security Council and its role in the fight against international terrorism 78
2. Reforming the Security Council in accordance with new challenges and threats 95
3. The main factors of the ineffectiveness of the UN mechanism in resolving international crises and prospects for the development of the UN 108
Conclusion 118
List of sources and literature 127
Documentary applications 141
Introduction to the work
The object of the dissertation research is the place and role of the United Nations in the system of modern international political institutions and in the global political process.
The subject of the dissertation research is the activities of the UN as a guarantor of international peace and security, as well as the system of interaction between states as subjects of international law that cooperate within the UN. The author also examines the UN mechanisms used to resolve conflict situations and the combination of factors influencing the effectiveness of the UN.
Relevance of the topic. More people died in armed conflicts in the 20th century than in all previous human history. It became the most destructive and bloody. Conflicts have become one of the leading factors of instability on earth. Modern conflicts pose a threat not only to the parties to the conflict, but also to the entire world community. And, despite the end of the Cold War, the world still faces the threat of nuclear war from major nuclear powers. At the same time, in today's dynamic, rapidly developing world, interstate conflicts have given way to civil wars. The collapse of the bipolar world led to the creation of new states, new types of threats to international peace and security emerged, which predetermined the need to intensify the activities of the universal international organization - the UN. The political processes taking place at this stage of social development reveal the need to study conflicts and analyze their causes and consequences.
The choice of analysis of the role of the UN in resolving international crises and conflicts at the present stage as the topic of the dissertation is due to the fact that the UN is entrusted with the main responsibility for maintaining international peace and security. It is also important to analyze the activities of the UN in resolving international conflicts and identifying factors that have a negative impact on the effectiveness of UN actions. It should be noted that the UN was created to unite all states in order to counter threats to international peace and stability. Consequently, international peace and security largely depend on the results of the UN, or, in other words, on the consolidation of the efforts of the world community in the fight against new threats to international peace and stability.
Goals and objectives. The purpose of the study is to analyze the multidimensional role of the UN in resolving international conflicts at the present stage, as well as to determine its contribution to the process of resolving international crises and conflicts. In accordance with this goal, the study set the following objectives:
1. To trace the process of emergence of the need for a universal organization, which is the guarantor of international peace and stability, to analyze the evolution of its formation.
2. Study and summarize the positions of domestic and foreign scientists on the problem under consideration.
3. Explore the methods and tools used by the UN to resolve conflict situations.
4. Analyze the activities of the UN in resolving international conflicts using the example of the Arab-Israeli, Rwandan, and Iraqi conflicts.
5. Based on the conflict situations considered in the Security Council, assess the activities of the UN Security Council and the relationships between the permanent members of this Council.
6. Determine the role of the UN in maintaining the balance of power in the international political arena.
7. Justify the need to reform the UN, and in particular the UN Security Council, in accordance with the changing international situation.
8. Analyze the main factors that reduce the effectiveness of the UN.
Methodological basis. The dissertation is devoted to the role of the UN in resolving international conflicts at the present stage. The subject of the dissertation research involves the use of certain scientific methods that allow for an objective and comprehensive analysis. To achieve these goals and solve the assigned problems, the following methods were used:
1. The method of political analysis - when tracing the process of formation, formation and development of the UN as a guarantor of international peace and security.
2. System analysis - when determining the role of the UN in the system of international relations, during which the subject of research is considered as a complex process.
3. Normative method - analysis of the provisions of international legal and regulatory documents, as well as UN Security Council resolutions, documents and recommendations of the UN General Assembly.
In the dissertation, the author, in addition to using the above methods of analysis, also used the method of event analysis (inventory analysis). Taken together, this makes it possible to assess ongoing international conflicts by analyzing their dynamics, identify general trends in their development and determine the role of the UN in their resolution.
The degree of development of the topic. In the process of working on the dissertation, numerous works of Russian and foreign political scientists and historians were used. It should be noted that there is an almost complete absence of comprehensive research on this topic in Western and Russian science. This topic is partially touched upon in the works of Russian and foreign scientists: N.V. Aleksandrova “Ways and methods of resolving ethnopolitical conflicts in the modern world”, M.V. Andreev “Modern international legal aspects of reforming the UN Security Council”, S.V. Shatunovsky-Burno “Increasing the effectiveness of the UN, international legal aspects”, D.V. Polikanov “Conflicts in Africa and the activities of international organizations to resolve them”, Getacheu Gigi Delixsa “Ethnopolitical conflicts in Africa”, Khairy Naji Abdel Fatah Al-Oridi “ Middle East Peace Process: The Palestinian Track."
It should be noted that the majority of foreign and Russian scientists believe that the UN should play the leading role in preventing and resolving conflicts. An attempt to bypass or formally “hide behind” the UN not only does not contribute to the process of conflict management, but also leads to its further escalation. The political processes taking place in the modern world have set scientists the task of finding the causes of the changes taking place, identifying general trends, and determining the importance of the UN in maintaining the balance of power in the political arena.
Sources and literature. During the research, the author relied on documentary sources, Russian and foreign works and publications.
The main sources were UN documents, and one of the main ones is the UN Charter, which contains the principles of international relations, namely: national self-determination, sovereign equality of states, the prohibition of the use of force in international relations, the affirmation of fundamental human rights, etc. Also, UN Security Council resolutions and official reports of the Secretary General on their implementation, documents of the General Assembly, statements by the Chairman of the UN Security Council, as well as agreements between various parties on a ceasefire, cooperation, etc. were studied and analyzed.
Another important source was materials from relevant Internet sites: www.un.org, www.un.org/russian, www.un.org/russian/document/centre.
In the course of the work, the dissertation author relied on the works of Russian scientists, among whom it is necessary to highlight the following authors: L.N. Abaev, E.P. Bazhanov, E.G. Baranovsky, A.V. Bursov, S. Gorov, L.E. Grishaeva , K.M.Dolgov, V.E.Dontsov, S.A.Egorov, A.G.Zadokhin, T.A.Zakaurtseva, G.G.Kadymov, A.Kapto, N.A.Kosolapov, K.N .Kulmatov, M.M.Lebedeva, V.F.Li, A.V.Mitrofanova, G.S.Nikitina, E.M.Primakov, G.A.Rudov, S.V.Tyushkevich, E.V.Frolova , O.O. Khokhlysheva, P.A. Tsygankov, S.A. Shlyakov, etc.
Among the works devoted to the problem of Middle East settlement, noteworthy is the book by E.M. Primakov “The World after September 11”, where the author examines possible approaches to resolving international conflicts, in particular the Middle East, which creates fertile ground for international terrorism, substantiates the importance of strengthening the role of the UN in connection with the events of September 11, 2001, which changed public opinion on international issues security and stability.
MM. Lebedeva in her monograph “Political Resolution of Conflicts” calls modern conflicts one of the leading factors of instability on the globe. Being difficult to resolve, they tend to grow and involve more and more participants, which creates a serious threat not only for the participants, but also for the entire world community. This threat increases significantly if we take into account that major environmental disasters are possible even in the case of small local conflicts. The 1991 Gulf War clearly demonstrated the danger to the planet's ecology that burning oil wells can pose. It took the efforts of many countries to extinguish fires at wells, as well as to clean the surface of the earth from oil pollution.
S.A. Tyushkevich in the book “The New Redivision of the World” analyzes the problems of strategic and military security in the context of the globalization process at the beginning of the 21st century, touching on the aggressive wars in Yugoslavia and Iraq and the behavior of the United States. He believes that military force as a political instrument retains its importance, and the world continues to live according to laws where the predominant right to influence the state of international relations is assigned to those who have greater military strength. This was confirmed by the US aggression against Iraq in March-April 2003.
Among the works devoted to the classification of conflicts and methods of their resolution, the work of E.G. Baranovsky “Insurance of Peace” should be highlighted, where the author assesses the role of the UN. E.G. Baranovsky evaluates the role of this international organization in creating and improving mechanisms for protecting international peace and collective security, analyzes the concept of peacekeeping and the features of PKOs (peacekeeping operations) of the first, second and third generations, as well as problems associated with the implementation of PKOs in practice and ways their decisions.
O.O. Khokhlysheva, in her book “International legal problems of UN force peacekeeping and possible solutions to them,” examines the international legal problems of UN force peacekeeping and the mechanism of international legal regulation of peacekeeping operations. According to the author, legal regulation is the highest priority way to influence international relations. At the same time, the main condition for ensuring international legal order is the need to comply with international legal norms in accordance with national legislation and international standards.
In the monograph by V.N. Fedorov “The UN is an instrument for maintaining international peace and security” provides a detailed analysis of the conceptual and practical aspects of the UN’s activities, describes specific historical precedents in its activities, and suggests possible options for improving peacekeeping instruments.
A deep analysis is inherent in the works of A.I. Nikitin, which examine in detail the issues of distribution of powers in the field of peacekeeping between the UN Security Council, the General Assembly and the UN Secretariat. In his book “Peacekeeping Operations: Concepts and Practice,” the author pays special attention to issues related to the use of armed forces against states that threaten international peace and security, the practical activities of the UN to intervene in conflicts, and the legal basis for peacekeeping operations using armed forces.
The dissertation author also turned to the works of such foreign authors as E. J. Carvalho, B. Fassbinder, P. Calvocoressi, R. Dahrendorf, L. Koser, M. Amstutz, B. Boutros - Ghali, Khairy Naji Fatah al-Oridi, G. .Kissinger, S. Huntington, Nazim Mezhid ad-Deirawi, etc.
Of particular interest is the book by Abulmagda A.K., Arispe L., Ashrawi X. et al. “Overcoming Barriers,” which characterizes the last decade of the 20th century, marked by the misfortunes of people affected by conflicts, and their participants justified their actions, citing ethnic, religious, tribal, cultural, gender or other differences. But, according to the authors, the main cause of conflicts is a person, be it a leader or a member of a group. Dialogue among civilizations is an attempt to find a new opportunity to look at other peoples, their cultures and civilizations from a global, local and even individual point of view, as well as to understand the role and significance of the UN in this dialogue.
It should also be noted that B. Boutros-Ghali’s book “An Agenda for Peace”, where the author tried to determine the most effective measures in relation to the process of maintaining peace on the planet. They were offered the following main peacekeeping tools: preventive diplomacy, peacekeeping, peacekeeping, disarmament, post-conflict world order. At the same time, special attention is paid to preventive diplomacy, which is defined by the author as the most effective tool, representing actions aimed at preventing the emergence of a dispute between conflicting parties, preventing existing disputes from escalating into conflicts and limiting the spread of the latter if they have already occurred.
To understand the general context of international relations that determined the tasks of the UN, the books of American scientists Z. Brzezinski and S. Huntington were useful.
Book 3. Brzezinski “The Great Chessboard”, dedicated to the US strategy, the goals and objectives of American policy, identifies as the final goal the creation of a truly cooperative world community in accordance with long-term trends and fundamental interests of humanity. At the same time, it emphasizes the importance of ensuring that there is no rival in the political arena that is capable of dominating Eurasia and, therefore, challenging America.
S. Huntington, in his book “The Clash of Civilizations,” identifies the conflict between groups of different civilizations as the central and most dangerous aspect of the emerging global politics. Defining Western civilization as a civilization that has a fairly strong influence on global development, he at the same time does not exclude the viability of other civilizations. In the modern era, he sees clashes of civilizations as the greatest threat to world peace, and only an international order based on their coexistence is the most reliable measure of preventing a new world war.
I. G. Martins’ book “A View of the Modern World” is also of great interest. The author is of the opinion that it was precisely in its main role - the role of guardian of peace - that the UN suffered a complete failure, and the original idea of unanimity of the 5 great powers, based on the use of the veto, turned into a tool for international blackmail and for limiting the role of the UN.
Among the works of foreign and Russian scientists studied by the author of the dissertation on the Arab-Israeli conflict, one cannot help but highlight the dissertation work of Khairy Naji Abdel Fattah al-Oridi “The Middle East Peace Process: The Palestinian Direction,” in which the author tried to find the real cause of this conflict and propose possible ways to resolve it.
The scientific novelty of the dissertation lies in the fact that it comprehensively examines the role of the UN in resolving international conflicts. Taking into account new political trends that have emerged both in global development and in peacekeeping activities, the activities of the UN in this direction are characterized and the main factors of the ineffectiveness of the UN mechanism in resolving international crises and conflicts are identified. Possible directions for reforming the UN Security Council are considered.
Practical significance. The results of the dissertation can be used in various departments of the Russian Ministry of Foreign Affairs, in teaching, in preparing and delivering training courses on the role of the UN in the development of international relations and the formation of a collective security system. The work may be useful for researchers, teachers and students, political scientists and specialists in international relations. The results of the study can be used in the further development of the UN peacekeeping strategy.
Structure of the dissertation. The work consists of an introduction, three chapters, a conclusion, a list of sources and literature, and applications.
Modern conflicts and ways to resolve them in accordance with UN methods
The 20th century turned out to be the most destructive and bloody. About 140-150 million people have died in wars and armed conflicts over the course of a century. Some researchers are of the opinion that at the threshold of the 21st century and the third millennium, two trends have clearly emerged in matters of war and peace, expressing both optimism and anxiety. On the one hand, the positive changes of the 90s in relations between states give rise to the expectation of a “peaceful era” and expand the opportunity to overcome such an evil as war. On the other hand, the great powers, instead of seizing the opportunity and moving towards decisive demilitarization, maintain traditional approaches to military development characteristic of the Cold War.10
According to some political scientists, modern conflicts have become one of the leading factors of instability on the globe. Being poorly managed, they tend to involve more and more participants, which creates a serious threat not only to their participants, but also to everyone living on earth. This threat increases significantly if we take into account that major environmental disasters are possible even in the case of small local conflicts. The Gulf War in 1991 in connection with Iraq's occupation of Kuwait clearly demonstrated the danger to the planet's ecology that burning oil wells can pose.
It took the efforts of many countries to extinguish fires at wells, as well as to clean the surface of the earth from oil pollution.”
On the other hand, aggressiveness on the part of the United States and other Western countries has increased. The wars that were started by the aggressors led to the death of many thousands of soldiers and civilians and damaged the economies of a number of countries, such as the war in Yugoslavia. According to Yugoslav sources, the damage from the fighting amounts to 130 billion. dollars. According to estimates of authoritative Western financial and political institutions, NATO spent 8-10 billion on military needs. dollars, of which 75% was allocated by the United States.
But neither America nor other countries have realized that, ultimately, in these wars and conflicts there are no winners, only losers. The trend of global political processes in the modern world indicates an exacerbation of ethnic conflicts. Wars and armed conflicts lead to the collapse of states, the formation of new ones, and changes in political regimes. Processes of change are natural if they are carried out in a civilized way, but changes that occur as a result of death and destruction, bloody wars and acts of violence cannot be called civilized. One of the most striking examples of this kind, characterizing uncivilized methods of struggle for political power, is, of course, the Rwandan conflict, in which the number of victims reached 1 million people, more than 2 million people became refugees. Thus, the processes taking place in the modern world reflect the need to improve methods of preventing and resolving conflicts, which is associated with identifying their essence, causes, and consequences. Analysis of the nature of conflicts and wars has been undertaken both by thinkers of past centuries and by modern scientists.
A. Smith believes that the source of conflict in society is the division of society into classes and rivalry between classes.13
According to Marx, conflict is a temporary state of society, and therefore it is possible to achieve such a level in the development of society when conflicts disappear.
But there is another, opposite point of view, whose supporters are of the opinion that society cannot exist without conflicts, that conflict is an integral part of existence. In accordance with this point of view, conflict is not a pathology, but is a norm of relations between people, a necessary element of social life, giving vent to social tension, giving rise to social changes in society. The followers of this theory are G. Simmel, L. Coser, R. Dahrendorf
According to R. Dahrendorf, society is in a state of constant conflict. The level of social tension depends on their desire and ability to change their position in society. Relations of domination and subordination, unequal distribution of power are the basis of conflict.14 And since inequality in the distribution of power cannot be eliminated from the life of society, social society cannot reach a level of development at which conflicts will disappear and cease to be an integral part of existence.
G. Simmel is of the opinion that conflict consists in the emergence of certain disagreements and at the same time is a socializing force that unites warring parties and contributes to the stabilization of society, despite the fact that it is one of the forms of disagreement.
In accordance with the theory of L. Coser, conflicts are generated by the very essence of man and society and have a functionally positive impact on the historical process. Thus, he viewed conflict as a process that promotes the reintegration of society through social change.15
But not all researchers of this issue consider conflict as a phenomenon expressed in the existence of social tension in society, confrontation between different classes, which can lead to violence, or as a struggle for values and claims to a certain status, power, resources, a struggle in which the goal opponents is to neutralize or destroy the opponent.
M. Amstutz sees a positive meaning in most conflicts, since they have a positive impact on human life, since a conflict situation gives dynamism to society. He believes that without tension and debate it would be uncreative and unproductive.1 But does the end justify the means? Isn't the price for developing society's creative potential too high? Due to the fact that modern conflicts involve the use of armed forces and are replete with elements of violence - and violent conflict resolution is generally the most commonly used method of resolving a conflict situation - all this causes worsening chaos and instability and leads to severe economic and political crises.
Humanitarian tragedy in Rwanda
In the early 90s, the UN faced a wave of conflicts of a new generation, intrastate in nature with ethnic and religious roots. As an example, we can consider the tragedy in Rwanda and the actions of the UN in resolving this conflict.
More than a year has passed since those tragic events in Rwanda. The Rwandan civil war can be described as a "war of total annihilation" between the ethnic Hutu majority and the Tutsi minority. Speaking about the Rwandan conflict, it should be noted that it occurred on ethnic grounds. The two tribes Tutsi and Hutu occupied different social levels, the Tutsis were higher, and the Hutus had a subordinate position, despite the fact that they represented the ethnic majority. There have been ethnic clashes between these tribes throughout history. Subsequently, these clashes escalated into a brutal massacre, which assumed terrifying proportions. The most severe conflict lasted more than 3 months. During this period, about 1 million died. Human.
The extremist trend first appeared in 1962, when Rwanda gained independence. The first president of Rwanda was G. Kayibanda, from the Hutu tribe. Political power was concentrated in the hands of the president and the Republican Democratic Movement party. It was with the advent of this party that extremism arose in Rwanda, as it advocated the liberation of the Hutu people through the physical elimination and expulsion of Tutsis from the country. In response to the extremist ideology of the ruling party, the Tutsi people created a military-patriotic movement - the Rwandan Patriotic Front (RPF). Subsequently, units of this movement in 1990. entered Rwanda to protect the Tutsi people from Hutu hegemony. The problem was that the defense was carried out using armed struggle. Despite the fact that on August 4, 1993 The Arusha Agreement was signed, which provided for an end to the civil war, but there was no improvement in the situation in the country. The escalation of the conflict was led to by the events that occurred on April 6, 1994, namely the fact that on that day a plane carrying President J. Habyarimana was shot down in Kigali. Whether the death of J. Habyarimana was the reason or the cause is unknown, but there is no doubt that it was the death of the president that became the impetus that led to the mass extermination of civilians in Rwanda, which lasted 3 months. Events in Rwanda indicate that systematic, widespread and flagrant violations of international law are being committed in Rwanda. What was the main reason for the events that happened? Undoubtedly, the main reason is the ethnic factor, which is the most difficult problem on the African continent. Also, as a factor contributing to armed action, one can highlight the contradictions that arise when establishing and regulating relations at various levels of government, since the conflict in Rwanda is expressed in the struggle of various ethnic groups for dominance in government bodies and control of the country’s resources. When studying the causes of the Rwandan conflict, the socio-economic factor should be noted. The socio-economic factor lies in the low level of economic development of African countries. (At that time, the human development index in 1993 was 0.379. The total GDP of the countries of tropical Africa did not exceed 250 billion dollars in 1993, and its growth was 1.5% in 1980-1993. GNP per capita in 1993 was 555 dollars, and the growth rate of this indicator in the period from 1980-1993 turned out to be negative - 0.6%). 43 The intertwining of the socio-economic factor with the ethnic one creates the basis for a conflict that is difficult to resolve and resolve. From the above, we can conclude that with a low level of socio-economic development, access to power is the only way to enrich a certain group and uncontrolled disposal of national wealth. Some Russian political scientists also adhere to a similar point of view, believing that the development of ordinary interethnic tension into a call for political independence occurs only when political independence becomes economically beneficial.44 This happened in Rwanda. In 1994, after victory in the civil war, power passed to the Tutsi tribe. What has changed in this country? The only changes were that the Tutsi turned from persecuted into persecutors. It is possible that only when there is an awareness that for one tribe there is a threat of complete destruction (Tutsi), and for another the threat of retribution (Hutu), the hatred and mutual hostility of the two tribes disappears, and there will be a desire to resolve the conflict peacefully. But this is impossible without strengthening democratic institutions built on the principles of respect for human rights.
New challenges and threats at the beginning of the 21st century. The UN Security Council and its role in the fight against international terrorism
At the beginning of the 21st century, the world community failed to cope with all global challenges: war, terrorism, poverty and threats to human rights, regional and interethnic conflicts, environmental threats, and the threat of the proliferation of weapons of mass destruction. But, of course, the most pressing is terrorism.
The terrorist attacks that have occurred in recent years have shown that international terrorism has become global in nature and has no geographical boundaries. They are carried out with a large number of victims, “cultivating suicide bombers”, with the development of new hostage-taking technologies, instilling an atmosphere of fear, and disorganization of society. According to V. Putin, the main weapon of terrorists is not bullets, grenades, bombs, but blackmail of the civilian population and the state. The success of a terrorist operation requires thorough reconnaissance of the target, surprise, maneuverability of the group and decisive action.62
After the September 11 terrorist attacks in New York, the world realized the need to unite in the fight against terrorism. The Security Council has done a tremendous amount of work; it has formed an anti-terrorist coalition operating under the auspices of the UN, on the basis of resolutions and conventions adopted by the UN Security Council. The UN's anti-terrorism activities are reflected in 12 international conventions and 46 UN Security Council resolutions. Resolution 1373 occupies a special place among them.
To build up multilateral cooperation in the fight against terrorism, the UN Security Council adopted resolution 1373 on September 28, 2001. It was adopted in response to one of the most dangerous challenges of our time. It provides for measures to comprehensively address the external fueling of international terrorism. The measures provided for in this resolution are binding on all states. Sanctions are provided for states that do not adhere to the requirements of this resolution. Of course, all states must adhere to these requirements, because “the Security Council has qualified acts of international terrorism as a threat to international peace and security.” It has important political significance, as it strengthens the political and legal basis for the formation of a broad international anti-terrorist coalition called upon to decisively counter this most acute global challenge based on the UN Charter and generally accepted norms of international law.”63
In accordance with this resolution, each state is obliged to refrain from organizing, instigating, assisting or participating in terrorist acts in other states. It is very important in the fight against terrorism, as it obliges states to take the following actions: preventing and suppressing the financing of terrorist acts; criminalizing the intentional provision or collection of funds, by any means, directly or indirectly, by their citizens or on their territory; in case of identification of persons committing or attempting to commit terrorist acts, block funds, other financial assets, economic resources; prohibit its citizens or any persons and organizations on its territory from providing any funds, financial assets or economic resources, directly or indirectly, for the benefit of persons who commit or attempt to commit terrorist acts; take the necessary measures to suppress the commission of terrorist acts, through early warning to other states, through the exchange of information; deny asylum to those who finance, plan, support or commit terrorist acts; take all measures to ensure that those who finance, plan, facilitate or commit terrorist acts do not use their territory for these purposes against other states; bring to justice persons involved in the financing, planning, preparation or commission of terrorist acts. Classify terrorist attacks as serious criminal offences; cooperate with each other in the course of a criminal investigation or prosecution related to the financing or support of terrorist acts; prevent the movement of terrorists or terrorist groups through effective border controls.64 But, it should be noted that for the effective application of all these measures in practice, it is necessary to intensify and accelerate the exchange of operational information, in accordance with international law and domestic legislation; cooperate within the framework of bilateral and multilateral mechanisms and agreements; ensure that, in accordance with international law, the organizers of terrorist acts and their accomplices do not abuse refugee status, and references to political motives are not recognized as a basis for rejecting requests for the extradition of suspects.
Thus, resolution 1373 contributes to the unification of the efforts of all countries in the fight against international terrorism; it covers not only political issues related to this problem, but financial and legal ones. Creates a legal foundation on which countries can build to counter this threat. Financing and supporting persons committing or attempting to commit terrorist acts is a criminal offense. The measures provided for by this resolution are aimed at strengthening the mechanism for monitoring the implementation of this sanctions regime and increasing the level of cooperation in fulfilling the requirements of Security Council resolutions.
Resolution 1373 is based on the articles of the seventh chapter of the UN Charter, and defines terrorism as a threat to universal peace and security, but does not clearly define the concept of “terrorist”; this allows each state to maneuver and act at its own discretion.
The Counter-Terrorism Committee (CTC) was created to monitor the fulfillment by all states of their obligations in anti-terrorism activities. On February 20, 2003, an open meeting of the UN Security Council was held on the issues of combating international terrorism. Those present expressed their opinion on the need for further comprehensive support for the Counter-Terrorism Committee of the UN Security Council, and the main areas of activity of the CTC were identified:
1. establishing cooperation between the Committee and regional structures;
2. providing technical assistance to states in building up anti-terrorist capabilities, preventing a possible link between “terrorists and weapons of mass destruction.”
The main factors of the ineffectiveness of the UN mechanism in resolving international crises and prospects for the development of the UN
Increasingly in recent years, one can hear criticism of the UN regarding the ineffectiveness of its operations, the tools used and methods used to resolve a particular conflict. But if we objectively consider the current situation, we can note that along with fatal mistakes, there were also successful peacekeeping operations. Miscalculations and mistakes are due to the fact that in the modern dynamic, rapidly developing world, it found itself in an unusual situation, where interstate conflicts gave way to civil wars, the collapse of the bipolar world led to the creation of new states, and new types of threats to international peace and security appeared. There is a decline in the role of the UN and the Security Council. Increasingly, there are violations of UN principles, ignoring UN Security Council resolutions, and the application of sanctions against some countries in violation of the decisions of the Council Members. But is it possible in this situation to say that the reduction in the role of the UN, the violation of its principles, the use of force, is due to ineffectiveness in the activities of the UN, its inability to respond to the current situation in a timely and adequate manner? Of course not. In our opinion, this is happening for one reason, which is that the USA, Great Britain and other countries neglect the norms of international law. One of the main criticisms leveled at the activities of the UN is the inability of the UN to quickly respond and make decisions that help prevent conflict. In our opinion, this argument is not sufficiently substantiated, since the UN System of Standby Agreements is functioning successfully. States that have joined this system maintain a high state of readiness for troops and equipment to be provided, if necessary, for peacekeeping operations under the auspices of the UN, and the intensity of the process of deepening cooperation between the UN and regional organizations leads to a coalition of states in order to quickly respond to crisis situations. In our opinion, one of the main factors reducing the role of the UN in resolving international conflicts is that it was unable to remove the presence of WMD and nuclear weapons from the control of sovereign states. After the Cold War, there was hope that the arms race would stop, but a reverse wave followed - even not rich countries are trying to acquire nuclear weapons, because the presence of nuclear weapons is the only way to protect themselves from the threat from major nuclear powers.
Another factor in the ineffectiveness of the mechanism was revealed in the process of analyzing the experience of the UN in resolving conflicts, for example, Yugoslavia or Abkhazia, it only manages to stop hostilities or transfer the conflict to the post-war period. But it is not possible to eliminate the cause of the conflict, which returns the situation to its original position. The cessation of hostilities does not eliminate the cause of the conflict, but only delays the solution of the problem, postponing its solution indefinitely.
But there is another point of view. According to many analysts, the UN's failure to fulfill its statutory mission is due to the fact that disputes and threatening situations should be placed on the Security Council agenda only by the parties directly affected. But this contradicts the provision of Article 36 of the Charter, according to which “any member of the UN may refer to the Security Council or the General Assembly any dispute or any situation that may lead to international friction or dispute.” But in our opinion, in this case, a situation arises in which, if the disputing parties for some reason are not concerned that the issue be referred to them for consideration (For example, as was the case with the USA and the USSR during the Vietnam War or with Iran and Iraq in 1980), the issue will not be discussed at all, which means that the main mechanism that the founders of the UN hoped for - third-party pressure on the parties directly involved in the conflict to achieve a settlement will not be used. But at the same time, armed intervention by third countries in conflicts related to the struggle for secession could only take place with the approval of the Security Council and so that the international community would not recognize secession and the formation of a new state if it occurred against the will of the “mother” state.94
The effectiveness of the UN is directly influenced by the Secretary General. Since, given the fluctuations in the Security Council, one could hope that it is the Secretary General who is responsible for ensuring that a situation that could lead to war is considered by the Council at an early stage in accordance with Article 99 “... The Secretary General has the right to bring to the attention of the Council Security Council on any matter which in his opinion may threaten the maintenance of international peace and security." The lack of completeness of information also reduces the efficiency of the Secretary General, preventing timely decisions to be made to resolve disputes. But it is not only the lack of completeness of information that hinders the activities of the UN Secretary General. So, according to Boutros Gali Boutros, who was the UN Secretary General from 1991-1996, he should have independence and autonomy in decision-making, as provided for in the UN Charter.95
As the next factor, I would like to note the so-called “timeliness factor”, which consists in the fact that the Council does nothing until the conflict reaches the stage of open war, and the pace of decision-making on peacekeeping operations in “hot spots” and the rules that were followed when determining the parameters of such operations are not acceptable and are largely outdated. In turn, this is contrary to the UN Charter, namely in accordance with Article 34 of the UN Charter “The UN Security Council is authorized to investigate any dispute or any situation that may lead to international friction or give rise to a dispute, to determine whether the continuation of this dispute or situations threaten the maintenance of international peace and security,” it follows from this article that the Council must examine situations that have not reached the stage of open conflict and determine whether the situation may become a source of conflict. Chapter VI of the UN Charter outlines a whole range of procedures that the UN Security Council must carry out to prevent disagreements that could lead to friction. These include: investigations (Article 34), consideration of Article 35 “Any member of the organization may report any dispute or situation of the nature specified in Art. 34, to the attention of the UN Security Council or the General Assembly", a state that is not a Member of the UN may also bring to the attention of the UN Security Council or the General Assembly any dispute to which it is a party if it has accepted obligations in advance with respect to this dispute peaceful resolution of disputes provided for in this Charter, and in accordance with Art. 36, the UN Security Council is empowered, at any stage of a dispute the continuation of which might threaten the maintenance of international peace and security, to recommend appropriate procedures or methods of settlement. In Art. 33 reflects that the parties to the conflict must, first of all, try to resolve the dispute through negotiations, investigation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of their choice. All these methods are aimed at preventing the situation from reaching an armed conflict. Unfortunately, today the UN Security Council does not adhere to these articles of the Charter and remains inactive until the situation reaches the stage that threatens international peace and security. Sometimes intervention occurs at a time when it is very difficult to resolve the conflict, and sometimes it is not even possible.
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