The UN is a subject of international law formed by the expression of will sovereign states, the original subjects of this right. The UN was created as a center for coordinating the actions of states in the name of peace and developing international cooperation on a democratic basis, it is endowed with a certain international legal personality necessary to carry out its functions. (4:288).
The features of the UN's subjectivity are interconnected and form a specific legal personality, lying on a different legal plane than the legal personality of states. The organization extends its rights only within the limits outlined by its Charter.
The founding document of the Organization is the Charter of the United Nations, which sets out the rights and responsibilities of Member States and establishes the organs and procedures of the Organization. As an international treaty, the Charter codifies the basic principles international relations- from the sovereign equality of states to the prohibition of the use of force in international relations. The Charter opens with a Preamble. It expresses the fundamental ideals and common goals of all the peoples whose governments came together to create the United Nations. The Charter contains chapters on the purposes and principles of the United Nations, on membership, on organs, on the peaceful settlement of disputes, on action in the event of threats to the peace, in cases of breaches of the peace and in cases of acts of aggression, as well as on international economic cooperation and on Non-Self-Governing Territories. Amendments to the Charter were introduced four times (they were voted for by two-thirds of the votes): in 1965. the number of Security Council members increased from 11 to 15; in 1965 the number of members of the Economic and Social Council was increased; in 1973 the number of votes in this Council was once again increased; in 1968 - another amendment regarding the number of votes in the Security Council.
The Charter sets out the main goals and principles of the Organization:
The purposes of the UN are: to maintain international peace and security; develop friendly relations between nations on the basis of respect, the principle of equality and self-determination of peoples; to cooperate in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights and fundamental freedoms; to be a center for coordinating the actions of nations in achieving these common goals.
To achieve the objectives of its work, the UN and its Members act in accordance with the following principles:
the sovereign equality of all its members;
conscientious fulfillment of obligations assumed under the Charter;
the resolution of international disputes by peaceful means in a manner that does not jeopardize international peace and security and justice;
refraining in their international relations from the threat or use of force, either against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the UN;
providing the Organization with full assistance in all actions taken by it in accordance with the Charter, and refraining from providing assistance to any state against which the UN is taking preventive or enforcement action;
ensuring by the Organization that States that are not members act in accordance with these principles as may be necessary to maintain international peace and safety;
non-interference by the UN in matters essentially within the internal competence of any state (this principle, however, does not affect the use of coercive measures in the event of threats to peace, violations of the peace and acts of aggression).
According to Art. 105 of the Charter, the Organization enjoys in the territory of each of its members such privileges and immunities as are necessary to achieve its goals. In addition, representatives of UN members and its officials also enjoy such privileges and immunities…. The UN is legal entity. It has its own budget, which is approved by the General Assembly every two years. The main source of budget replenishment is contributions from participating states. The amount of contributions is determined on the basis of a special scale, which is developed and approved collectively by all UN members for a three-year period. In this case, such criteria as national income and solvency of each state are taken into account, i.e. its economic weight in the world is determined. Contributions to the budget are mandatory; if individual states do not agree with some expenses, they must still cover them due to their obligations under the Charter. The maximum contribution is 25% of the budget, the minimum is 0.01%. The maximum contribution is made by the United States. Belarus contributes % of the UN budget. In addition to mandatory contributions, voluntary contributions are an important source of financial revenue. High-cost UN peacekeeping operations are financed separately from the regular budget. For this purpose, special accounts are established at the UN.
As a subject of international law, the organization has the right to make claims of a legal nature, and as a subject of international law, the Organization cannot be limited by financial controls, regulations or moratorium of any kind.
Now briefly about the main structural units of the Organization:
UN General Assembly
Competence. The General Assembly is the most representative body of the Organization. It consists of all members and is the highest body of the Organization (Chapter 4 of the Charter). It receives and considers annual and special reports of the Security Council. These reports contain an account of the measures to maintain international peace and security that the Security Council has decided to take or has taken. The General Assembly also receives and considers reports from other bodies of the Organization.
The General Assembly has the right to discuss any issues within the framework of the UN Charter and make appropriate recommendations to UN member states and the Security Council. The General Assembly also organizes studies and makes recommendations in order to: a) promote international cooperation in the political field and encourage the progressive development of international law; b) promoting cooperation in the fields of economic, social, culture, education, health and promoting the implementation of human rights and fundamental freedoms for all without distinction of race, sex, language or religion.
Operating procedure. The General Assembly meets not annually for regular (on the third Tuesday of September, with notification no less than 60 days in advance by the Secretary General) sessions, but also for special (within 15 days from the date of presentation of the request from the Security Council or the majority of members) sessions, which circumstances may require. There are also emergency special sessions.
The preliminary agenda consists of more than 100 issues, but the main and permanent ones are: the report of the Secretary General on the work of the UN; reports of the Security Council, ECOSOC, Trusteeship Council, International Court of Justice, subsidiary bodies of the General Assembly; issues that the GA decided on at previous sessions; items proposed by any UN member; all items related to the budget for the next and past financial years; all items that the Secretary General considers necessary to include; all points proposed by states that are not members of the UN.
The official and working languages of the General Assembly are English, Spanish, Chinese, Russian, French.
The General Assembly has the right to establish committees as necessary. The main committees are: first - on political and security issues, including disarmament issues; the second - on economic and financial issues; the third - on social, humanitarian and cultural issues; the fourth - on issues of international trusteeship and non-self-governing territories; the fifth - on administrative and budgetary issues; the sixth is on legal issues. The Seventh is a special political committee, which was separated from the First after the 33rd session of the General Assembly.
The General Assembly makes “resolutions” (decisions on the admission of new members), “recommendations” (decisions on maintaining peace), and “decisions”. All member states have one vote in the Assembly. Major decisions are made by a majority of 2/3 of the votes participating in the voting; the rest - by a simple majority of votes. A state that has debts to pay monetary contributions to the Organization is deprived of its voting rights.
Auxiliary organs.
The General Assembly has the right to establish such subsidiary bodies as it deems necessary. Now there are about 100 of them, which according to their legal status can be divided into three groups:
By status they are international organizations. (United Nations Environment Program (UNEP), United Nations Conference on Trade and Development (UNCTAD), United Nations Development Program (UNDP)…).
Permanent organs. (Conference on Disarmament 1961, 40 states; Committee on the Peaceful Uses of Outer Space, 1959, 60 states; Intergovernmental Committee on Science and Technology for Development, 1979, Committee of the Whole; World Food Council, 1974, approx. 40 states; International Law Commission, 1947, includes more than 30 states; UN Commission on International Trade Law, 1966, includes 36 states...).
Temporary organs. (Special Committee on the UN Charter and Strengthening the Role of the Organization, 1974; Special Committee against Apartheid, 1962; Special Committee on the Indian Ocean, 1972...). They deal with a relatively narrow range of problems, meet sporadically and are liquidated after the preparation of relevant international legal documents or resolution of the problems that were the subject of their activity.
UN Security Council.
Competence.
According to Article 23 of the UN Charter, the Security Council consists of 15 members of the Organization. Of these, 5 are permanent, namely Russia, China, France, Great Britain and Northern Ireland, and the USA. The General Assembly elects the remaining 10 non-permanent members for two-year terms. When electing the latter, special attention is paid to their role in maintaining international peace and security and in achieving other goals of the Organization, as well as fair geographical distribution (from Asia and Africa - 5 members, from Eastern Europe - 1, from Latin America and the Caribbean - 2 , from Western Europe, Canada, New Zealand and Australia - 2). Recently, at the Sessions of the General Assembly, the issue of increasing the number of members of the Security Council to 20 or more, including permanent ones, to 7, has been discussed.
The Security Council is entrusted with primary responsibility for maintaining international peace and security; it is declared that in its activities, in the performance of these responsibilities, the Council acts on behalf of the members of the UN. It submits annual reports and special reports as necessary to the General Assembly.
The functions and powers of the Security Council are as follows:
maintain international peace and security in accordance with the purposes and principles of the United Nations;
investigate any disputes or situations that may lead to international friction;
develop plans for a system of arms regulation, determine the existence of a threat to the peace or an act of aggression and make recommendations on measures to be taken;
call on UN member states to use economic sanctions and other measures not related to the use of military force to prevent or prevent aggression;
take military action against the aggressor;
carry out UN trusteeship functions in strategic areas;
provide annual and special reports to the General Assembly.
The role of the Security Council in conflict resolution is reduced to the implementation of the following four activities:
Preventive diplomacy is actions aimed at preventing the emergence of disputes between parties, preventing existing disputes from escalating into conflicts and limiting the scope of conflicts after they arise. The principles of tact, confidentiality, objectivity and transparency should be observed when conducting the necessary consultations.
Peacemaking - actions aimed at persuading the parties to an agreement, using such peaceful means as provided for in Chapter 6 of the Charter.
Peacekeeping is the provision of a UN presence in a given area, which involves the deployment of UN military and/or police personnel, as well as civilian personnel.
Peacebuilding during a conflict period is actions aimed at preventing the outbreak of violence between countries and peoples after the elimination of a conflict or conflict situation.
The legal status of UN peacekeeping forces is determined by agreement between the UN and the host state.
The UN Charter gives the Security Council the power to use temporary and coercive measures. Temporary measures are aimed at preventing the situation from worsening and must not prejudice the rights, claims or position of the parties concerned. Such measures may include requiring the parties to cease hostilities, withdraw troops, and resort to one or another peaceful settlement procedure, including entering into direct negotiations, resorting to arbitration, and the use of regional organizations. Temporary measures are not coercive in nature, but the Security Council "takes due account of non-compliance with these temporary measures."
Coercive measures are divided into those that do not involve the use of armed force and those that involve the use of armed force.
Coercive measures not related to the use of armed forces may include partial or complete interruption of economic relations, railway, sea, air, postal, telegraph, radio and other means of communication, severance of diplomatic relations, as well as other measures of a similar nature.
If the above measures are insufficient or ineffective, the Security Council, on the basis of Article 42 (1:296) of the Charter, has the right to take actions necessary by the UN armed forces to maintain international peace and security.
Operating procedure.
The Security Council holds its meetings almost every day to consider issues on its agenda, warn about threats to peace, and take measures. To ensure continuity of work, each member of the Security Council must be represented at the seat of the UN at all times. Any member of the Organization whose interests will be affected in solving the problem can participate in its meetings without the right to vote. A non-member state of the UN may be invited to Council meetings if it is a party to the dispute on the terms of the Security Council. The interval between meetings must be at least 14 days.
Cases that may serve as a reason for a meeting of the Security Council: any dispute or situation is brought to the attention of the Security Council (Article 35, paragraph 3 of Article 11 of the Charter); The General Assembly makes some recommendations or refers the issue to the Security Council (clause 2, article 11); The Secretary General draws the attention of the Security Council to any issue (p. 99 of the Charter).
The presidency of the Security Council by its members takes place alternately in accordance with the English alphabet, each chairman holds his post for one calendar month. Each member of the Council has one vote. To resolve issues, a majority of 9 votes (1:298) is required, but this number must include the votes of all 5 permanent members of the Security Council, this is the essence of the principle of unanimity of the great powers.
Auxiliary organs.
The Security Council may create such subsidiary bodies as it deems necessary. All these organs are divided into two groups: permanent and temporary.
Permanent - Military Staff Committee, Committee of Experts, Committee on the Admission of New Members, Committee on the Question of Meetings of the Security Council away from Headquarters. The Military Staff Committee is the most important; its Statute is defined by Article 47 of the Charter. It develops plans for the use of armed forces, gives advice and assists the Security Council on all matters relating to the military requirements of the Security Council for the maintenance of international peace and security, the use and command of troops placed at its disposal, and the regulation of armaments and possible disarmament.
Temporary bodies are created by the Security Council to investigate a specific situation and prepare a comprehensive report.
UN peacekeeping forces.
The first UN peacekeeping operation was the Jerusalem Observer Mission, the UN Truce Supervision Authority (UNTSO), established in May 1948 and still in operation today (1:299). Since 1948 The UN has carried out approximately 40 peacekeeping operations on four continents. The largest are operations in the Congo (Zaire), Cambodia, Somalia, and the Former Yugoslavia. UV is currently carrying out 16 operations involving 70 thousand people from 77 UN member countries.
When in 1991 turned around in Somalia Civil War, during which more than 300 thousand people died and the threat of famine loomed, in 1992. The UN established an operation in Somalia (UNOSOM).
In 1992 To facilitate the implementation of the peace agreement between the government and the Mozambican National Resistance, the Security Council established the UN Operation in Mozambique (UNOMOZ). This mission was terminated in 1995.
The UN helped end the 12-year conflict in Cambodia. More than 21 thousand peacekeepers from 100 countries took part here. In accordance with the agreements of 1991 The UN established a UN Transitional Authority (UNTAC) in Cambodia. He was involved in monitoring ceasefires, disarmament, repatriating refugees, organizing and holding free and fair elections. The task was successfully completed in 1993. UNTAC was liquidated.
The UN played an important role in ending the 8-year war between Iran and Iraq. The organization acted here as an intermediary; it achieved recognition by both parties of the agreement developed in 1987. peace plan. UN observers (UNIGN) were also stationed here to monitor the cessation of hostilities and the withdrawal of troops. UNIGWG completed its activities in 1991.
The organization played a similar peacekeeping role in Afghanistan. At the end of six years of negotiations, which were conducted by the Personal Representative of the Secretary General, Ambassador De Cordovez, Afghanistan, Pakistan, the USSR and the USA in April 1988. signed agreements aimed at resolving the conflict. With the completion of the withdrawal Soviet troops in 1989 the task of the mission was completed.
The UN has made a lot of efforts to resolve conflicts in former Yugoslavia with centuries-old roots. Organization in 1991 imposed an arms embargo. The peacekeeping forces deployed in 1992 sought to create conditions of peace and security in Croatia and facilitated the delivery of goods humanitarian aid to Bosnia and Herzegovina, protected Macedonia from being drawn into this conflict. In 1995 UNPROFOR was divided into three operations covering three countries.
UN missions also sought to contribute to security and reconciliation in Rwanda (UNAMIR, established in 1993), peace in Angola (UNAVEM, 1989), monitoring the referendum in Western Sahara MINURSO, 1991) and restoring normal conditions in Cyprus (UNFICYP, 1964).
The UN does not have its own armed forces. The Security Council enters into agreements with states to place military contingents and related facilities at its disposal.
Peacekeeping forces are needed to respond to direct aggression, whether imminent or actual. However, in practice there is often a situation where ceasefire agreements are concluded, but they are not respected. In this case, the Organization is forced to send military contingents to restore peace and ceasefire.
UN Economic and Social Council.
Competence.
ECOSOC is one of the main bodies of the UN. It coordinates the economic and humanitarian activities of the UN, the main directions of which are enshrined in Article 55 of the UN Charter. In order to create conditions for stability and prosperity, the UN promotes:
improving living standards, full employment and conditions for economic and social progress and development;
resolving international problems in the field of economic, social, health and similar problems;
international cooperation in the field of education;
universal respect and observance of human rights and fundamental freedoms for everyone without distinction of race, gender, language, religion.
Responsibility for fulfilling the Organization's functions in the field of international economic and social cooperation is assigned by the UN Charter to the General Assembly and, under its leadership, to ECOSOC, which is granted appropriate powers for this purpose.
ECOSOC is vested with the following functions and powers:
serve as a central forum for addressing international economic and social issues of a global and cross-sectoral nature and for making policy recommendations on these issues to UN Member States and the United Nations system as a whole;
undertake and initiate research, write reports and make recommendations on international issues in the economic and social fields, in the field of culture, education, health and related issues;
promote observance and respect for human rights and fundamental freedoms;
convene international conferences and draw up draft conventions on issues within its competence;
negotiate with specialized agencies regarding agreements defining their relationship with the UN;
harmonize the activities of the specialized agencies by consulting with them and making recommendations to them, as well as by making recommendations to the General Assembly and the Members of the United Nations;
provide services approved by the General Assembly to members of the UN, as well as specialized agencies at the request of the latter;
consult with relevant non-governmental agencies on matters dealt with by the Council.
ECOSOC consists of 54 UN members elected by the General Assembly; The 18 members of ECOSOC are elected annually for a term of 3 years.
Operating procedure.
ECOSOC typically holds an organizational session and two regular sessions per year. The organizational session convenes on the second Tuesday in January, the first regular session on the second Tuesday in April, and the second regular session on the first Wednesday in July. Sessions are held at UN Headquarters.
Auxiliary organs.
ECOSOC is empowered to create (Article 68 of the UN Charter) commissions in the economic and social fields and for the promotion of human rights, as well as such other commissions as may be required for the performance of its functions.
The subsidiary bodies of the Council include: 9 functional commissions (see above); 5 regional; 4 standing committees; a number of expert bodies and organizations, in particular in the field of development planning, natural resources, new and renewable energy sources and the use of energy for development, economic, social and cultural rights...
ECOSOC also communicates with other organizations; it is authorized to enter into agreements with any of the specialized institutions. There are 14 such specialized agencies, and all of them have agreements with the UN.
The Council has the right to consult with non-governmental organizations interested in issues within its competence.
Guardianship Council.
The UN, under its leadership, created an international trusteeship system to administer and monitor those territories included in it by individual agreements. These subjects are called territories under trusteeship.
The trusteeship agreement in each case must include the terms under which the trustee territory will be administered and also define the authority that will administer the trustee territory. Such an authority is called a administering authority and may be one or more states or the UN itself.
The Trusteeship Council, being one of the main organs of the UN, acts under the leadership of the General Assembly and assists it in carrying out the functions of the UN regarding international system guardianship
The Guardianship Council reviews reports submitted by the governing authority. It accepts petitions and considers them on their merits. The Council arranges periodic visits to areas under trusteeship. The guardianship board takes any action consistent with the guardianship agreement.
This Council includes 5 permanent members of the Security Council: the Russian Federation, China, France, the United Kingdom and the United States.
All trust territories achieved self-government and independence - either as separate states or by joining neighboring independent states. In November 1994 The Security Council decided to terminate the UN Trusteeship Agreement for the last of the original 11 trust territories, the Trust Territory of the Pacific Islands (Palau), administered by the United States. From now on, the Council meets at its meetings only when necessary.
It is the main judicial organ of the UN. Its statute forms an integral part of the UN Charter.
The International Court consists of 15 judges and cannot include two citizens of the same state. The members of the Court are elected by the General Assembly and the Security Council from among the persons included in the list at the proposal of national groups of the Permanent Court of Arbitration. Judges are elected on the basis of citizenship. However, upon appointment, attention is paid to ensuring that the major legal systems of the world are represented on the Court. A national group can nominate no more than 4 candidates. Candidates who receive an absolute majority of votes in the General Assembly and the Security Council are considered elected. Judges are elected for ten-year terms and can be re-elected. While holding the position of judge, they cannot hold another position.
Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities. The seat of the court is The Hague, the Netherlands.
The jurisdiction of the court includes all cases referred to it by the parties, and all matters specifically provided for by the UN Charter or existing treaties and conventions. Only states can be parties to a dispute, and only parties to the Statute of the Court. However, in addition to the parties to the Statute, the jurisdiction of the court may be recognized in relation to any other state that has filed an application in which the following recognition of the jurisdiction of the International Court is noted on the issues:
interpretation of the treaty;
any question of international law;
the existence of a fact which, if established, would constitute a breach of an international obligation;
the nature and extent of compensation due for violation of international obligations.
The Court was created to resolve disputes submitted to it on the basis of international law, it applies: international conventions establishing rules specifically recognized by the disputing states; international custom recognized as a legal norm; the general principles of law recognized by civilized nations; judicial decisions and doctrines of the most recognized specialists in public law. In addition, the Court is not limited to deciding a case according to equity, and not according to formal law, if the parties agree to this.
Usually the Court carries out its activities in plenary sessions, but it can also organize units of limited composition - chambers, their decisions are equivalent to the decisions of the Court itself.
The official languages are French and English. Legal proceedings consist of two parts - oral (hearing of witnesses, experts, representatives, attorneys, lawyers) and written (memoranda, counter-memoranda, supporting papers and documents).
The court's decision is binding only on the parties involved in the case and only in this case; it is final.
The Court may also issue advisory opinions, which are delivered in open session.
Currently, the Court's potential is not being used to its full potential. There are several reasons for this: firstly, states that recognize the general jurisdiction of the Court undertake to implement its final decisions under the threat of sanctions from the UN - can the domestic structures of many countries easily agree to such a situation?... secondly, for many states the costs associated with referral of a dispute to the International Court of Justice are very expensive, since the existing UN Trust Fund is not adequately tested financial support on the part of the participating states.
Secretariat.
It serves the main and other organs of the UN and manages their programs. The Secretariat consists of the Secretary-General and staff located at headquarters and around the world, and deals with issues related to the day-to-day activities of the UN.
It consists of 14,000 representatives from approximately 170 countries and, like the Secretary-General, are accountable only to the Organization. According to Art. 100 of the Charter, each UN member state undertakes to respect the strictly international nature of the duties of the Secretary-General and the staff of the Secretariat and does not attempt to influence them in the performance of their duties * (4:307).
The Secretariat's responsibilities cover various areas of activity: from the organization of peacekeeping operations to mediation in resolving international disputes. The Secretariat also reviews global economic trends and issues; conducts research in the field of human rights and sustainable development; organizes international conferences on issues of global concern; monitors the implementation of decisions taken by the bodies of the Organization; supplies the world media with information about the activities of the UN.
The head of the Secretariat is the Secretary General, he is the chief administrative officer official Organizations. The range of his duties and rights is very wide: from exercising general directive leadership of all the main divisions of the secretariat, to bringing to the attention of the Security Council information on any issues that, in his opinion, may threaten the maintenance of international peace and security. In addition, each Secretary General independently determines the main priorities of his activities in the general context of the time. The Secretary General is appointed by the UN General Assembly on the recommendation of the Security Council for a 5-year term, after which he can be reappointed.
Currently, the UN Secretary General is Kofi Annan (Ghana). His predecessors were: Boutros Ghali from Egypt, who held the position since 1992. to 1996; Javier Perez de Cuellar from Peru, who has held the position since 1982. to 1991; Javier Kurt Waldheim from Austria, who has served as Secretary General since 1972. to 1981; U Thant from Burma (Myanmar), former Secretary General since 1961. to 1971; Dag Hammarskjöld from Sweden, who has held the position since 1953. until his death in 1961. in a plane crash in Africa, and Trygve Lie from Norway, who was Secretary General in the period since 1945 to 1953
Currently, the UN is the most representative (it includes 185 states) and truly universal (in terms of the range of problems it solves) intergovernmental organization. However, in order to cope with new problems, life requires new UN approaches to global and other problems of our time; the Organization itself needs to be updated and adapted to new conditions.
The role of the UN in the modern world.
The central task of the Organization's activities is to maintain peace and international security. The role of the UN Peacekeeping Force in peacekeeping work is indicated above, and the UN is now conducting a number of peacekeeping operations in all corners of the globe. The UN Truce Organization in Palestine (UNTSO), founded back in 1948, is still in operation - and will apparently continue to operate for a long time. The activities of UN military observers in India and Pakistan, created in 1949, also remain relevant. To this day, the UN Armed Forces are located in Cyprus (since 1964) ... and further ... until the recently blown up UN mission in Baghdad.
However, the UN has identified its main task in maintaining security as preventive measures aimed at preventing conflicts. Based on this, throughout the entire period of its activity, the UN sought to achieve multilateral disarmament and arms regulation. As a result, already since 1959. A number of international agreements in this area were concluded: In 1959. the Antarctic Treaty was concluded, which provides for Antarctica as a demilitarized zone and prohibits testing of any type of weapons on its territory; in 1963 - Test Ban Treaty nuclear weapons in the atmosphere, outer space and under water; in 1966 the Treaty on the Principles of the Activities of States in the Exploration and Use of Outer Space was concluded... it prescribes that outer space can only be used for peaceful purposes; 1967 - Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean; 1968 - The Treaty on the Non-Proliferation of Nuclear Weapons provides that states that do not have nuclear weapons agree never to acquire them, and in return they are provided with access to civilian nuclear technology, states that have nuclear weapons undertake to seek negotiations to end the race nuclear weapons; 1971 - Treaty on the Prohibition of the Placement of Nuclear Weapons on the Bottom and Under the Bottom of the Seas and Oceans; in 1972 the Convention on bacteriological weapons, which prohibits the development, production and stockpiling of biological and toxin-containing drugs, and also provides for the destruction of such weapons; 1980 - the Convention on Certain Conventional Weapons was signed, which prohibits certain types of conventional weapons (weapons, the explosion of which does not show fragments in the human body during X-ray examination, a number of infantry mines, incendiary weapon, blinding laser weapon); 1985 - Southern Nuclear Weapon Free Zone Treaty Pacific Ocean; 1990 - Treaty on Conventional Armed Forces in Europe - limits the number of various types of weapons in the region from the Atlantic to the Urals; 1993 - Chemical Weapons Convention - a ban on the development, production, stockpiling and use of chemical weapons on a global scale; 1995 - Treaty on a Nuclear Weapon Free Zone South-East Asia; 1996 - Treaty on a Nuclear Weapon-Free Zone in Africa; 1996 - Comprehensive Nuclear Test Ban Treaty; 1997 - Anti-Personnel Mine Convention - prohibits the use, stockpiling, production and transfer of anti-personnel mines and provides for their destruction.
All these agreements rather relate to the prevention of major conflicts and the armament of large states that have weight in the political arena. However, with the help of these agreements there is no way to influence local conflicts arising on religious and ethnic grounds, since their main food is poverty and violation of human rights. The Organization understands that lasting peace and security are only possible when the economic and social well-being of people everywhere is ensured.
A huge portion of the UN's resources goes towards fulfilling the Charter's commitment to promoting "improved standards of living, full employment and conditions for economic and social progress and development." The world continues to be characterized by huge disparities in levels of wealth and well-being. The fight against poverty and the elimination of inequalities both within and between countries remains the core purpose of the United Nations. To achieve this, the Organization acts in various ways to achieve its economic and social goals, not only by developing policies, advising governments on their development plans and programs, establishing international norms and standards, but also by mobilizing funds that invest more than 25 billion dollars annually, to carry out development programs. The economic and social work of the UN is coordinated by the Economic and Social Council.
The activities of the UN have a significant impact on the direction and nature of many economic and social transformations taking place in the world over the past 50 years. This activity resulted in a series of decades of development, the first of which began in 1961. Each decade has specific issues of major concern, but much attention is paid to both social and economic aspects development.
In 1997 The UN General Assembly, reflecting the growing interdependence of nations, adopted an “Agenda for Development”, which, along with actions planned at a number of international conferences held in the first half of the 1990s, provides a comprehensive framework for international cooperation. The Agenda identifies ways to improve the capabilities and effectiveness of its various departments and institutions.
One of the great achievements of the Organization was the creation of a competent body for human rights legislation, which for the first time developed an internationally supported body of human rights law. At the same time, UN experts not only defined a wide range of internationally recognized rights, including economic, social and cultural, along with political and civil ones, but also established mechanisms for their promotion and protection, as well as assistance to governments that have undertaken to fulfill obligations.
Since the adoption of the Universal Declaration of Human Rights on December 10, 1948*(6:266), human rights have attracted worldwide support. Women, children, persons with disabilities, minorities, indigenous peoples, migrant workers and other disadvantaged groups now have rights that protect them from discrimination. In the process of special educational campaigns, the peoples of the world were constantly informed and are being informed about their inalienable rights. In addition, the UN developed training programs and provided technical advice to assist judicial systems. A special post was approved - the UN High Commissioner for Human Rights - to coordinate the work and strengthen the UN's position in protecting and promoting the rights of all people on the planet. In general, the scope of UN activities in this area can be defined as follows: creation of basic standards; lawmaking; observation; coordination; research activities; consideration of complaints against the actions of states and impartial investigation of the facts; diplomacy.
Secretary General Kofi Annan highlighted human rights as main topic, which brings together UN activities in the key areas of maintaining peace and security, development and humanitarian assistance.
And the last thing I would like to highlight as the basis of the UN’s activities in strengthening security is the development of the foundations of international law - conventions, treaties and standards that play main role in ensuring economic and social development, as well as international peace and security. Many treaties developed by the UN form the legal framework regulating legal relations between states.
The UN Charter calls upon the United Nations to assist in the resolution of international disputes by peaceful means and to promote the development of international law and its codification. Over the years, the UN has facilitated the conclusion of over 480 multilateral agreements, which cover a wide range of common interstate interests and are binding on the countries that signed them.
International security- this is a state of international and military-political relations in which the external component of the national security of each country is guaranteed, the threat of wars and military conflicts is practically eliminated in the process of resolving international and regional contradictions.
It is not enough to improve the legislation and environmental management system only in your own country - it is necessary to promote in every possible way the development of international cooperation and international legislation regulating the joint efforts of all countries in the field of ensuring the safety of human life.
International organization- a permanent association of an intergovernmental or non-governmental nature, created on the basis international agreement in order to facilitate the solution of international problems specified in the agreement. International organizations characterized by:
Availability of a constituent document;
Permanent or regular nature of the activity;
Using multilateral negotiations and discussion of problems as the main method of activity;
They can be interstate (intergovernmental) or non-governmental (public), world and regional international organizations.
Each organization has its own specific characteristics regarding the range of participants, functional purpose, and nature of authority. Let's look at some of them.
United Nations (UN)- not only occupies a central place in the system of inter government organizations, but also plays an exceptional role in modern international political development. Created in 1945 as a universal international organization aimed at maintaining peace and international security and developing cooperation between states, the UN currently unites 185 countries of the world. The impact on modern international relations is significant and multifaceted and is determined by the following main factors:
It is the most representative forum for discussions between states on current issues of international development;
The UN Charter is considered the foundation of modern international law, a kind of generally accepted code of conduct for states and their relationships; other international treaties and agreements are compared with it;
The UN has become an important mechanism for international law-making and occupies a very special place among other organizations - sources of international law;
The principles of building the UN (primarily in granting a special status to permanent members of the Security Council) reflected the objective realities of the international political system, and their change became the main incentive for work to reform this organization;
The UN is endowed with extremely important competence to resolve issues of war and peace, including through the use of armed force.
In accordance with Art. 7 of the UN Charter establishes the following main bodies: the General Assembly, the Security Council, the Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat.
General Assembly is the UN's main forum for discussions. It consists of representatives of all states, each of which has one vote. Decisions on such important issues as issues of peace and security, admission of new members and budget issues are made by a majority of 2/3 votes, on other issues - by a simple majority of votes.
Security Council consists of 15 members; 5 of them are permanent (Russia, USA, Great Britain, France and China), the rest are elected by the General Assembly for two years; each state has one vote. Decisions are made by a majority of 9 votes out of 15, including the concurring votes of all permanent members. When considering issues related to the emergence of a threat to international peace, the Security Council has exceptionally broad rights, including the right to impose economic sanctions and decide on the use of armed force.
Organization for Security and Cooperation in Europe (OSCE) is a system of consultations and discussions held at various levels on various aspects of international security. The OSCE, with its 55 participating States, is a pan-European security organization created as the main instrument for early warning of conflicts, crisis management and post-conflict reconstruction in Europe.
The OSCE traces its origins to the creation of the Conference on Security and Cooperation in Europe (CSCE) in early 1970 as a multilateral forum for dialogue and negotiation between East and West. The Helsinki Final Act of 1975 fixed the basic principles of behavior of the states participating in the meeting in relation to their citizens, as well as in relations with each other.
Until 1990, the CSCE functioned in the form of a series of meetings and conferences at which norms and commitments were developed and their implementation was periodically analyzed.
The turning point in the CSCE's activities was the Paris Summit in 1990. The Charter of Paris for a New Europe tasked the CSCE with its contribution to managing the process of historical change in Europe and responding to new challenges arising after the end of the Cold War. To solve these problems, several institutions and institutions were created, meetings were held on a regular basis, and the work of the meeting became more systematic.
In November 1990, negotiations within the CSCE process produced an important arms control agreement - the Treaty on Conventional Armed Forces in Europe (CFE).
At the Budapest Summit in 1994, it was decided O renaming the CSCE into the Organization for Security and Cooperation in Europe - OSCE. This gave the Organization’s work a new political impetus and at the same time became a reflection of the path of institutional development that it had traversed since the end of cold war.
The OSCE's approach to security is comprehensive and co-operative. The organization works on a wide range of security-related issues, including arms control, preventive diplomacy, confidence- and security-building measures, human rights, election observation, and economic and environmental security.
International Atomic Energy Agency (IAEA)- vested with special functions in terms of non-proliferation of nuclear weapons. The IAEA is the world's leading international governmental forum for scientific and technical cooperation in the field of peaceful uses of nuclear technology. The IAEA, created within the UN in 1957 as an autonomous organization, is the culmination of international efforts to implement the proposal of US President Eisenhower, expressed in his speech “Atoms for Peace” at the session of the UN General Assembly in 1953, regarding the creation of an international body for the control and development of the use of atomic energy. Today, the Agency's wide range of services, programs and activities are based on the needs of its 130 Member States. The headquarters of the IAEA is in Vienna.
The IAEA Statute states that “The Agency is committed to achieving faster and wider use of atomic energy to maintain peace, health and prosperity throughout the world. To the extent possible, the Agency shall ensure that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose.”
As part of global efforts to prevent the proliferation of nuclear weapons, the IAEA ensures that nuclear materials are not diverted from legitimate peaceful uses to military uses. Once a State becomes a party to a safeguards agreement, Agency inspectors monitor all declared nuclear material through on-site inspections, remote monitoring and verification of records. Without such a clear safeguards system, nuclear-related trade and technology transfer would be impossible. There are currently 225 safeguards agreements in force With 141 states.
The decision-making bodies of the IAEA are the Board of Governors and the General Conference. The General Conference consists of representatives of all IAEA member states. The Board currently consists of 35 Governors, 13 of whom are appointed by the Board and 22 of whom are elected by the General Conference. The Secretariat, headed by the Director General, is responsible for implementing the IAEA program after its approval by the Council and the General Conference.
The IAEA's financial resources are divided into a regular budget and voluntary contributions.
The future role of nuclear energy depends on proven, sustainable results in the safe application of all nuclear techniques. Although the IAEA is not an international regulatory body, its efforts in nuclear safety are aimed at developing multilateral legally binding agreements, which are increasingly important as mechanisms for improving nuclear, radiation and waste safety worldwide. IAEA safety recommendations are used by many countries as the basis for developing national rules and regulations. Codes of practice and safety guidelines have been developed regarding the siting, design, operation and quality of nuclear power plants. To further improve operational safety worldwide, the Agency conducts safety assessments upon request, including on-site reviews of nuclear power plant operating issues by teams of international experts.
Activities to improve the health of all countries are carried out by a specialized UN agency - World Health Organization (WHO), created in 1948 and uniting 190 states. Location - Geneva.
WHO's strategic goal is to implement the principle of “Health for All”.
Supreme body WHO is the World Health Assembly, the sessions of which are convened annually. The Assembly determines the direction of WHO's activities, appoints General Director, reviews and approves long-term and annual work plans, budgets, issues of admission to WHO and deprivation of voting rights, issues of cooperation with other organizations. The main source of funds for the organization that make up the regular budget are contributions from member countries. WHO's activities are also financed by the voluntary fund for health promotion (established in 1960), which consists of voluntary donations from WHO member countries, the UN Development Program Fund and the UN Children's Fund (UNICEF).
Through direct technical cooperation with member countries and by promoting cooperation among them, WHO promotes the development of comprehensive health services, disease prevention and control, improvement of environmental conditions, development of a healthy workforce, coordination and development of health service research and biomedical research, planning and implementation of health programs.
This broad field of activity covers many aspects: the development of primary health care systems for the entire population of member countries; promoting maternal and child health; control the spread of malaria and other infectious diseases, including tuberculosis and leprosy; eliminating smallpox, promoting mass immunization against a range of other preventable diseases; improved mental health; provision of safe water sources and training of personnel of all categories in the field of health care, etc.
International Labor Organization (ILO)- established in 1919 on the basis of the statutory principle that general and lasting peace can only be established on the basis of social justice.
In 1946, the ILO became the first specialized agency in the newly created UN system. The ILO includes about 180 countries. The headquarters is located in Geneva.
The ILO has a unique tripartite structure in which representatives of employers and workers - social partners in the economy - have an equal voice with government representatives in the development of policies and programs.
International minimum labor standards and a wide range of ILO measures are adopted at the annual International Labor Conference. Every two years, the Conference adopts the biennial program of activities and budget of the ILO, which is financed by ILO member states.
In its work, the ILO uses various methods:
Development of social partnership between governments, labor organizations and entrepreneurship (tripartism);
Development and adoption of international labor standards: conventions and recommendations and control over their use (standard-setting activities);
Providing assistance to countries in solving social and labor problems (technical cooperation);
Conducting research and publishing on social and labor issues.
Main areas of ILO activity:
1) employment and unemployment, decent work - the struggle for full and productive employment;
2) professional training and retraining of personnel - is considered as a problem of human resource development, including issues of management development, vocational guidance and professional rehabilitation;
3) human rights - a whole system of control bodies that examines violations of human rights in different countries;
4) improving management and enterprise development - helping countries implement policies and programs to develop entrepreneurship and private enterprises;
5) working conditions, safety and health;
6) wages - the trade union group urgently raises the issue of adopting a general, all-encompassing and all-binding international act regarding the issue of the minimum wages;
7) social Security;
8) social protection of women, youth, disabled people, migrant workers;
9) elimination of child labor;
10) issues of life, everyday life and social protection of sailors, fishermen and port workers - a labor code has been developed that covers all these issues.
The ILO carries out extensive research and publishing activities. The International Training Center, based in Turin, provides a wide variety of programs in areas of primary interest to the ILO and the UN system as a whole. Every year over 300 standard courses are formed, special programs, educational projects, consulting services are provided, and educational materials are produced.
Greenpeace (Green World)- a public international non-governmental and non-profit environmental organization, founded in 1971. Headquarters are in Amsterdam. Greenpeace has representative offices in more than 40 countries around the world.
Greenpeace has existed in Russia since 1992.
The main goal of Greenpeace is to preserve life on Earth in all its diversity.
In our country, Greenpeace promotes the preservation of untouched nature, fights nuclear danger, strives to eliminate the threats caused by chemical and genetic pollution to the salvation of Lake Baikal.
Greenpeace operating principles:
independence. Greenpeace exists on donations from citizens and private charitable foundations, does not accept financial support from government organizations, commercial structures and political parties, does not support any political party. Nevertheless, it maintains a dialogue with all forces and seeks the adoption of decisions and laws for the benefit of the environment;
nonviolence. Greenpeace does not accept any form of violence as a method of achieving its goals. All his actions are exclusively an expression of peaceful protest;
protest by action. Protests are the first thing Greenpeace is associated with in the public consciousness. This is one, but far from the only, way to draw attention to the environmental problem and achieve the necessary changes. When carrying out promotions, it is always observed important principle- non-violence;
witnessing. The goal is to visit the scene of an environmental crime and provide people with independent and reliable information.
The main activities of Greenpeace:
campaign on Biodiversity: the fight against destruction
forests, barbaric fishing and whaling, conservation
existing and creation of new protected natural areas, etc.;
Atmospheric Protection Campaign: reducing emissions of greenhouse gases that cause the greenhouse effect, ending the use of ozone-depleting substances;
Anti-nuclear campaign: reduction of nuclear arsenals, banning nuclear tests, curtailing dangerous nuclear energy development programs and phasing it out;
Toxic Substances Campaign: banning hazardous technologies, solving problems associated with the generation and processing of hazardous waste, as well as environmental pollution with highly toxic substances.
The main activities and achievements of Greenpeace are published in the Greenpeace in Russia newsletter.
Law of the Russian Federation of March 5, 1992 No. 2446-1 “On Security” established the legal basis for ensuring the security of individuals, society and the state, defined the security system and its functions, and established the procedure for organizing, controlling and supervising their activities.
In accordance with the Law of the Russian Federation *On Security”, security is understood as the state of protection of the vital interests of the individual, society and state from internal and external threats. Vital interests are a set of needs, the satisfaction of which reliably ensures the existence and opportunities for the progressive development of the individual, society and state.
The main objects of security include: the individual - his rights and freedoms; society - its material and spiritual values; the state - its constitutional system, sovereignty and territorial integrity.
The main subject of security is the state, which exercises functions in this area through the legislative, executive and judicial authorities.
The state, in accordance with current legislation, ensures the safety of every citizen on the territory Russian Federation. Citizens of the Russian Federation located outside its borders are guaranteed protection and patronage by the state.
Citizens, public and other organizations and associations are considered subjects of security, have the rights and responsibilities to participate in ensuring security in accordance with the legislation of the Russian Federation, the legislation of the republics within the Russian Federation, regulations of state authorities and administration of territories, regions, cities of federal significance, autonomous region and autonomous okrugs adopted within the limits of their competence in this area. The state provides legal and social protection to citizens, public and other organizations and associations that provide assistance in ensuring security in accordance with the Law of the Russian Federation “On Security” (Article 2).
Security is achieved by pursuing a unified state policy in the field of security, a system of measures of an economic, political and organizational nature. To create and maintain the required level of security for security facilities, a system of legal norms is being developed to regulate relations in the field of security.
The security system is formed by legislative, executive and judicial authorities, state, public and other organizations and associations, citizens taking part in ensuring security in accordance with the law, as well as legislation regulating relations in the field of security.
The creation of security bodies not established by the Law of the Russian Federation “On Security” is not allowed (Article 8).
Main functions of the security system:
Identification and forecasting of internal and external threats to the vital interests of security facilities;
Implementation of a set of operational and long-term measures to prevent and neutralize them;
Creation and maintenance of security forces and means;
Management of security forces and means in everyday conditions and in emergency situations;
Implementation of a system of measures to restore the normal functioning of security facilities in regions affected by the emergency;
Participation in security activities outside the Russian Federation in accordance with international treaties and agreements concluded or recognized by Russia.
General management of state security bodies is exercised by the President of the Russian Federation, who heads the Security Council of the Russian Federation; controls and coordinates the activities of government security agencies and makes the necessary operational decisions.
The Government of the Russian Federation, within its competence, provides leadership to federal executive authorities, organizes and controls the implementation of federal programs for protecting the vital interests of security facilities.
To directly perform the functions of ensuring the security of the individual, society and the state, state security agencies are formed in the executive power system in accordance with the law. 1 The Security Council of the Russian Federation is a constitutional body that prepares decisions of the President of the Russian Federation on issues of ensuring the protection of the vital interests of the individual, society and the state from internal and external threats, and the implementation of a unified state policy in the field of security. The Security Council of the Russian Federation is formed by the President of the Russian Federation in accordance with the Constitution of the Russian Federation and the Law of the Russian Federation “On Security”:
The main tasks of the Security Council of the Russian Federation are:
Determining the vital interests of society and the state, identifying internal and external threats to security facilities;
Development of the main directions of the strategy for ensuring the security of the Russian Federation and organizing the preparation of federal target programs for its provision;
Preparation of proposals to the President of the Russian Federation on the introduction, extension or cancellation of a state of emergency and operational decisions to prevent emergency situations and organize their liquidation;
The Security Council of the Russian Federation includes a chairman, a secretary, permanent members and members of the Security Council. The Chairman of the Security Council of the Russian Federation is ex officio the President of the Russian Federation. Organizational, technical and information support for the activities of the Security Council of the Russian Federation is carried out by its apparatus, headed by the Secretary of the Security Council of the Russian Federation.
For the purpose of more in-depth preparation of issues submitted to meetings of the Security Council of the Russian Federation, interdepartmental commissions have been created on certain areas of its activity. These include interdepartmental commissions on public safety, environmental safety; constitutional security; security in the economic sphere; military security and a number of others.
The personal composition of each commission is approved by the Secretary of the Security Council of the Russian Federation on the proposal of the heads of federal government bodies, the officials of which are included in its composition. Depending on the content of the issue under consideration, the Security Council of the Russian Federation may invite other persons to participate in the meeting as consultants.
The current situation in this area and its forecast actualize the problem of completing the formation of a unified state system of countering terrorism in our country. A number of important elements of the national system of combating terrorism in Russia began to take shape already in the 1990s. This process included the creation of mechanisms for managing anti-terrorism activities in federal level, the formation of coordination bodies for subjects of anti-terrorism activities, the development of basic forms of participation of executive authorities in the fight against terrorism, etc. However, in modern conditions, previously taken measures to counter terrorism are not enough: in a number of cases they were inconsistent in nature and did not sufficiently reflect the need to take into account changes in the system of terrorism itself.
The previously stated content of Art. 2 and 8 of the Law of the Russian Federation “On Security” allows all state bodies of legislative, executive and judicial power to be included in the security system. It should be borne in mind that the course does not cover all authorities involved in ensuring security, but only those for which this area of activity is a priority. These include:
Bodies of the Federal Security Service of the Russian Federation;
Organs foreign intelligence;
Federal state security agencies.
12.2. Federal Security Service of the Russian Federation
The bodies of the Federal Security Service of the Russian Federation (hereinafter referred to as the FSB of Russia) are considered an integral part of the security forces of the Russian Federation and, within the limits of the powers granted to them, ensure the security of the individual, society and the state. The activities of the federal security service bodies are managed by the President of the Russian Federation and the Government of the Russian Federation.
The legal basis for the activities of the FSB bodies of Russia is the Constitution of the Russian Federation, Federal Law of April 3, 1995 No. 40-FZ “On the Federal Security Service,” other federal laws and other regulatory legal acts of federal government bodies. The activities of the Russian FSB bodies are also carried out in accordance with international treaties of the Russian Federation.
In accordance with the Federal Law “On the Federal Security Service,” the activities of security agencies are carried out on the basis of the principles:
Legality;
Respect and observance of human and civil rights and freedoms;
Humanism;
* unity of the system of federal security service bodies and centralization of their management;
Conspiracy, a combination of public and secret methods and means of activity.
The bodies of the FSB of Russia represent a single centralized system, which includes:
1) FSB of RUSSIA;
2) directorates (departments) of the FSB of Russia for individual regions and constituent entities of the Russian Federation (territorial security agencies);
3) directorates (departments) of the FSB of Russia in the Armed Forces of the Russian Federation, other troops and military formations, as well as their control bodies (security agencies in the troops);
4) departments (departments, detachments) of the FSB of Russia for the border service ( border authorities). Subordinate to border authorities
there are border troops;
5) other directorates (departments) performing separate powers of the FSB of Russia and border troops (other security agencies); )
6) aviation units, special training centers, enterprises, educational, research, medical, expert and other institutions and units that support the activities of the FSB of Russia (Fig. 12.1)!
Territorial security agencies, military security agencies, border agencies, and other security agencies are directly subordinate to units that directly implement the main areas of activity of the FSB of Russia, management and support functions.
According to Decree of the President of the Russian Federation dated August 11, 2003 E No. 960 “Issues of the Federal Security Service of the Russian Federation,” the leadership of the FSB of Russia and the units directly included in its structure constitute the central apparatus of the FSB of Russia.
The FSB of Russia is headed by a director with the rights of a federal minister, appointed to the position by the President of the Russian Federation. The position of director of the FSB of Russia corresponds to the military rank of “army general.”
Director of the FSB of Russia: manages the bodies of the FSB of Russia; informs the President of the Russian Federation and the Government of the Russian Federation and, on their instructions, the authorities of the constituent entities of the Russian Federation about threats to the security of Russia; makes decisions on the creation of territorial security bodies and security bodies in the troops; enrolls citizens in the established order for military service in the bodies of the FSB of Russia and exercises other powers in accordance with federal laws. The FSB of Russia has established the positions of two first deputy directors - heads of services.
The structure of the FSB of RUSSIA includes eight services: border; counterintelligence; on the protection of the constitutional order and the fight against terrorism; economic security; analysis, forecasts and strategic planning; organizational and personnel work and department for ensuring the activities of the FSB of Russia; test. The services include departments, directorates and divisions in the relevant areas of activity of the services.
A board is formed in the FSB of Russia, the number and composition of which is approved by the director of the FSB of Russia. At its meetings, the board considers the most important issues of the activities of the FSB of Russia. The decisions of the board are formalized by order of the director of the FSB, Russia. In case of disagreements between the director and the board, the first one implements his decision and reports the disagreements to the President of the Russian Federation. Members of the board can also communicate their opinion to the President of the Russian Federation.
Foreign intelligence agencies, in accordance with the Law of the Russian Federation “On Security,” are included in the system of security organs.
Foreign intelligence agencies in accordance with the Federal Law of January 10, 1996. No. 5-FZ “On Foreign Intelligence” carry out intelligence activities by obtaining and processing information about real and potential opportunities, actions, plans and intentions of foreign states, organizations and individuals affecting the vitally important interests of the Russian Federation; providing assistance in the implementation of measures taken in the interests of the security of the Russian Federation.
Intelligence activities are carried out by the Foreign Intelligence Service and divisions within the structures of other federal executive authorities. The implementation of intelligence activities within the limits of their powers is entrusted to the units and bodies of foreign intelligence:
Foreign intelligence services of the Russian Federation - in the political, economic, military-strategic, scientific, technical and environmental spheres, in the field of encryption, classified and other types of special communications using radio-electronic communications outside the Russian Federation, as well as in ensuring the security of institutions and citizens of the Russian Federation abroad and who, by the nature of their activities, have access to information constituting a state secret;
Ministry of Defense of the Russian Federation - in the military, military-political, military-technical, military-economic and environmental spheres;
Border agencies of the FSB of Russia - in the field of protection of the State border of the Russian Federation, its exclusive economic zone and continental shelf.
The intelligence activities of the FSB of Russia are carried out in cooperation with foreign intelligence agencies, to which part of the functions of the abolished Federal Agency for Communications and Information under the President of the Russian Federation on the use of radio-electronic means to obtain intelligence information has been transferred. 1,
General management of foreign intelligence agencies is exercised by the President of the Russian Federation. A special place in the system of intelligence agencies is occupied by the director of the Foreign Intelligence Service of the Russian Federation (hereinafter referred to as the Russian Foreign Intelligence Service), which is a kind of the highest level of the foreign intelligence system.
Throughout human history, the problem of security, preventing and stopping wars has been of extreme relevance. The 20th century, which brought two world wars, further aggravated the issue of international security, means and ways of resolving conflicts, and the creation of a world order in which there would be no place for wars and all states would be equally in complete security. Character modern weapons leaves no hope for any state to ensure its security only by military-technical means. It is clear that in a nuclear war, if it is unleashed, there will be no winners, and the existence of the entire human civilization will be threatened. Thus, it became obvious that the security of states can be ensured through political and legal means rather than military ones.
INTERNATIONAL SAFETY a system of international relations based on compliance by all states with generally recognized principles and norms of international law, excluding the decision controversial issues and disagreements between them by force or threat.
Ensuring international security is one of the important tasks facing the world community. Security is now viewed not only from the traditional point of view, which assumes a strict military nature; however, in modern times, such forms of security as political, economic, informational, environmental, etc. have begun to spread.
International security in in a broad sense includes a complex of political, economic, humanitarian, information, environmental and other aspects of security. International security in the narrow sense includes only its military-political aspects.
In the very general view The modern understanding of international security was formulated during the creation of the UN in the first article of the Charter of this organization, which defines its main task: “1. 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."
The international security system includes a wide range of international legal means to ensure international security, and in particular:
peaceful means of resolving international disputes;
collective security systems (universal and regional);
measures to prevent the arms race and disarmament;
non-alignment and neutrality;
collective security (universal and regional);
measures to suppress acts of aggression, violations of peace and threats to peace;
actions of international organizations;
liquidation of foreign military bases;
confidence-building measures between states
Mode maintaining and restoring international peace and security not related to the use of armed forces (complete or partial interruption of economic relations, railway, sea, air, postal, telegraph, radio and other means of communication, as well as severance of diplomatic relations);
- peace enforcement regime using armed forces(a set of actions and measures by air, sea or ground forces that will be necessary to maintain and (or) restore international peace and security; including demonstrations, blockades and other operations of air, sea and ground forces of UN members);
- disarmament, arms reduction and limitation regime(regime of non-proliferation of nuclear weapons, creation of nuclear-free zones, regime of prohibition of the development, production and accumulation of stocks of bacteriological (biological) and toxin weapons and their destruction and many others);
- international control regime;
The main point in ensuring international security is cooperation between subjects of international law.
One of the most important measures for maintaining international peace is the collective security system.
From the point of view of international law, collective security is a set of joint activities of states and international organizations to prevent and eliminate threats to international peace and security and suppress acts of aggression and other violations of peace.
The role of international law in creating a comprehensive system of peace and security can ultimately be reduced to solving a two-pronged task:
* ensuring the effective functioning of the peacekeeping mechanism that global community already has the maximum use of the potential inherent in the existing norms, strengthening the existing international legal order;
* development of new international legal obligations, new norms.
Legally, the international security system is formalized by international treaties. There are universal and regional systems of collective security.
Universal (main UN bodies (Security Council, General Assembly, International Court of Justice, Secretariat), subsidiary bodies (International Law Commission, UNDP, UNCTAD, etc.), specialized institutions The UN, as well as international organizations acquiring into force large quantity members character of universality (such as the IAEA, which implements a regime of international control over the obligations of 187 states));
Regional agreements and organizations (established and functioning in accordance with Chapter VIII of the UN Charter ( European Union, OSCE (57 states, Vienna, CSCE - 1973, Helsinki (Finland, 35 states, 1975, Charter of Paris - 1990, OSCE - 1995), CIS and a number of others));
Collective defense agreements (created in accordance with Article 51 of the UN Charter: Treaty of Rio de Janeiro (1948), Washington Treaty establishing NATO (1949), ANZUS Treaty (1952), Collective Security Treaty Leagues Arab states(1952), SEATO Treaties (1955) and many others).
In light of the modern development of these institutional mechanisms for ensuring international security, the most pressing problems today are reforming and increasing the effectiveness of the UN, especially the UN Security Council as the main international body responsible for ensuring peace and security, which must retain the functions of control and leadership in the implementation of support operations peace, primarily related to the use of armed forces. Despite the fact that the UN Charter welcomes the involvement of regional structures in solving security problems, in practice, such defensive alliances as NATO actually arrogate to themselves the status and capabilities of the UN, which completely undermines the authority and normal functioning of the entire international security system, which, in turn, leads to numerous violations of the norms and principles of international law.
The international security system consists of universal and regional components.
The term “national security” (which actually meant state security) was first used in 1904 in President T. Roosevelt’s message to the US Congress.
Regional security - component international security, characterizing the state of international relations in a particular region of the world community as free from military threats, economic dangers, etc., as well as from incursions and interventions from outside associated with damage, attacks on the sovereignty and independence of states in the region.
Regional security has common features with international security, but at the same time it is distinguished by a multiplicity of forms of manifestation, taking into account the characteristics of specific regions of the modern world, the configuration of the balance of power in them, their historical, cultural, religious traditions, etc. She is different
firstly, by the fact that the process of maintaining regional security can be ensured both by organizations specially created for this purpose (in particular, in Europe, the Organization for Security and Cooperation in Europe - OSCE), and associations of states of a more universal nature (Organization of American States - OAS, Organization of African Unity - OAU, etc.). For example, the OSCE has declared the following as its main goals: “Promoting the improvement of mutual relations, as well as creating conditions for ensuring lasting peace; support for the easing of international tension, recognition of the indivisibility of European security, as well as mutual interest in developing cooperation between member states; recognition of the close interconnectedness of peace and security in Europe and throughout the world.”
Secondly, excellence in ensuring security in different regions world is the unequal degree of involvement of great powers in ensuring regional security.
The process of forming a new quality of regional security in the region, which is usually referred to as the “post-Soviet space,” is characterized by high dynamics and incompleteness. The term “post-Soviet space” relatively adequately (taking into account, however, the loss of the three Baltic countries from it) reflects only the common heritage. Another general definition of it as “CIS countries” in recent years reflects less and less the processes taking place here. Attempts to consider this region from the perspective of analyzing the policies of the Russian Federation and its “near abroad” are to a large extent justified, since Russia’s policy on issues of military-political security on a global scale and in relation to this “near abroad” is still the leading system-forming factor for region. At the same time, one cannot help but notice that new, often multi-vector, trends are emerging in the military-political field in this region, processes of new self-identification of the military-political interests of a number of new independent states and their subregional groups are underway, and the influence of extra-regional powers is increasing. For various reasons, the term “near abroad” itself is becoming less and less politically acceptable.
The designation of the region as “Eurasian” becomes more adequate in terms of content. But this also poses problems. One of them concerns the definition of its delimitation lines and interaction with the European and Asia-Pacific regions. It is possible that some countries in this region may join the security systems of neighboring regions. Another problem is related to the fact that “Eurasianism” is often associated with the ideology of one of the schools of geopolitics, which preaches the exclusivity of this space in world affairs. Nevertheless, it seems justified to further consider security problems in this region under the heading “Formation of regional security in the Eurasian post-Soviet space.”
Internal armed conflicts and efforts to resolve them remain the central security problems in the African region. However, the processes occurring in this region are mainly of a local nature and, to a lesser extent than processes in other regions, have an impact on international security on a global scale.
The military-political situation in the Latin American region remains largely stable and traditionally largely autonomous from processes occurring in the world and in other regions.
Regions also differ in the degree of formalization and institutionalization of regional security systems, including regional organizations, treaties, agreements, arms control regimes, confidence-building measures, mutual assistance, etc. The highest degree of such institutionalization is inherent in European security systems and security in Latin America; a similar system is gradually being formed in the Eurasian post-Soviet space, the prerequisites for its formation are observed in the efforts of the African Union. The lowest degree of institutionalization is typical for security processes in the Near and Middle East and Asia-Pacific region.
It is obvious that all of the above processes and factors that determine the new parameters of international security are in a state of change. Their share in global international security is not the same and is also changing. The tendencies of cooperation and conflict are at work at the same time. But to understand the emerging new quality of international security on a global scale and to identify the determining vector of its long-term development, it is necessary, as far as possible, to objectively and comprehensively consider these parameters. Conclusions may vary. But at least the discussion will follow a more or less common agenda.
In the last decade, increasing importance in ensuring regional security has been attached to its subregional sublevel. The end of the Cold War and the transition from confrontational to cooperative forms of maintaining stability in various regions of the world contribute to the deepening of this process, its transition to more compact and limitedly interconnected subregions. In Europe, this process has especially intensified in the subregions of the Baltic and Black Seas.
In the subregion Baltic Sea Over the past decade, there has been a serious relaxation of international tensions, and the political homogeneity of the states in the subregion has increased significantly. The role of decentralized subregional cooperation has increased significantly. This creates favorable conditions for solving at the subregional level not only traditional fundamental issues of international politics (preserving peace, preventing environmental disaster, etc.), but also more subtle problems that require non-traditional approaches. These problems usually include the fight against organized crime, illegal migration, illegal trafficking in drugs, weapons and radioactive materials and some others. However, ensuring security at the subregional level is an integral part of the process of implementing regional security and is carried out within its framework. “Regional security cooperation begins with an awareness of the prospect that European security is indivisible, i.e. security in the Baltic Sea space can only be achieved within the framework of a pan-European process.”
Similar processes are taking place in the Black Sea subregion, where the Parliamentary Assembly of the Black Sea Economic Cooperation (PACEC), founded in 1993, which includes 11 states (PACEC members are: Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania , Russia, Turkey and Ukraine), sets one of its goals to develop “closer contacts between the peoples of the region, contributing to the transformation of the Black Sea region - as part of the new European architecture - into a zone of stability, prosperity and peace.”
The sources of international law are international treaties, international custom, and binding decisions of international organizations, primarily the United Nations Security Council.
The basis of international security law is the generally recognized principles of modern international law, including: non-use of force or threat of force, territorial integrity of states, inviolability of state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states.
We cannot ignore the fact that ensuring the national security of one particular state is closely related to ensuring international security.
Rio- de- Janeiro conference 1947 , an inter-American conference convened at the initiative of the United States, was held in Rio de Janeiro (Brazil) from August 15 to September 2. Discussed the Inter-American Treaty on Mutual Assistance (signed on September 2, 1947, entered into force in December 1948). Art. 3 of it states that “... an armed attack by any state on one of the American states will be considered an attack on all American states...” and each of them “... undertakes to provide assistance in repelling the attack...”. Art. 6, under the pretext of fighting indirect aggression, makes it possible to suppress democratic movements in any Latin American country, qualifying them as a threat to “peace in America.” In general, the agreement is aimed at further strengthening US influence in the countries of the Western Hemisphere.
ANZUS Mutual Defense Pact signed in 1951 by Australia, New Zealand and the United States. The purpose of the pact is to prevent communist expansion and strengthen US influence in the Pacific region. ANZUS was replaced by SEATO, which united a large number of countries. The United States used this organization to pressure Australia and New Zealand for greater involvement in the Vietnam War. The defeat in the war and the growth of anti-nuclear weapons protests in New Zealand indicate that, while formally remaining operating organization, ANZUS does not have much influence.
African Union(abbreviated AC listen)) is an international intergovernmental organization uniting 54 African states, the successor of the Organization of African Unity (OAU). Founded on July 9, 2002. The most important decisions within the organization are made at the Assembly of the African Union - a meeting of heads of state and government of member states of the organization, which is held every six months. The African Union Secretariat and the African Union Commission are located in Addis Ababa, the capital of Ethiopia. The historical predecessors of the African Union are considered to be the Union of African States. Union of African States), (English) African Economic Community), founded in 1991.
(PACES) Parliamentary Assembly of the Organization of the Black Sea Economic Cooperation:
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The Parliamentary Assembly of the Black Sea Economic Cooperation (PABSEC) was created as a result of major political changes in the late 1980s, when the states of the Black Sea region re-emerged on the world stage. Finding ways for countries in the region national development and European integration paved the way to unite their efforts aimed at transforming the Black Sea region into a zone of stability, prosperity and peace. Taking advantage of common denominators such as geographic proximity and shared cultural and historical heritage, countries in the region have accelerated the establishment of bilateral and multilateral relations. General Assembly Standing Committee The Bureau PRIMARY ACTIVITY: Cooperation with other international organizations: The PABSEC has gained its own identity in the international arena by establishing cooperation with other European and international inter-parliamentary organizations, such as the European Parliament, the Parliamentary Assembly of the Council of Europe, the OSCE Parliamentary Assembly, the NATO Parliamentary Assembly, the Assembly of the Western European Union ( Interparliamentary Assembly European Security and Defense), the Interparliamentary Assembly of the Community of Independent States, the Interparliamentary Assembly of the Eurasian Economic Community, and the Interparliamentary Union, which have observer status in the PABSEC. |
The United Nations was created as an instrument for maintaining and strengthening international peace and security through the joint action of states. The Preamble of the UN Charter established the foundations of international peace: the eradication of war; affirmation of belief in fundamental human rights; increasing the importance of international law; promoting social progress and improving living conditions in greater freedom - and determined that for these purposes three basic conditions must be met: to show tolerance and live together in peace with each other, as good neighbors; join forces to maintain international peace and security; to ensure, by the adoption of principles and the establishment of methods, that armed forces are not used except in the general interest.
In accordance with the UN Charter, the maintenance of international peace and security must be built on the basis of generally recognized principles and norms of international law and carried out by the General Assembly and the Security Council, whose competence in this area is clearly delineated.
The General Assembly may discuss any questions or matters relating to the maintenance of international peace and security, including considering general principles of cooperation in this field and making recommendations thereon to States and the Council before or after discussion.
The Security Council has primary responsibility for maintaining international peace and security (Article 24). It is the only UN body that has the power to take action, preventive and enforcement, on behalf of the UN, including the combined armed forces of UN member states.
The UN Charter provides that such forces may be used in the event of threats to the peace, breaches of the peace and acts of aggression for the maintenance or restoration of international peace and security "not otherwise than in the general interest" in exceptional cases where other measures may or have proven to be insufficient, and must not be used for purposes contrary to the Charter.
Article 43 determines the procedure for UN members to place at the disposal of the Security Council the necessary armed forces, assistance, and services: on the basis of a special agreement or agreements concluded by the Council with UN member states, with their subsequent ratification at the request of the Security Council, that is, on the basis of its decision .
The Security Council must resolve all issues related to the creation and use of armed forces, relying on the assistance and advice of the Military Staff Committee (MSC), consisting of the chiefs of staff of the permanent members of the Council or their representatives (Article 47). However, neither Art. 43, nor Art. 47 were never put into effect due to disagreements between the permanent members of the Council. This led to the virtual cessation of the activities of the MSC since 1947 and to the improvisational practice of the UN in the field of creation and use of armed forces.
The UN adopted a number of resolutions and declarations aimed at strengthening the legal framework and increasing the effectiveness of the UN peacekeeping mechanism. Among them, we should note the Declaration on Strengthening International Security of 1970, the Definition of Aggression adopted by General Assembly Resolution 3314 (XXIX) of December 14, 1974, the Declaration on the Prevention and Resolution of Disputes and Situations Which May Threaten International Peace and Security and the Role of United Nations in this field of 1988, General Assembly resolution 44/21 of 15 November 1989 on strengthening international peace, security and international cooperation in all its aspects in accordance with the UN Charter.
Modern concept of peacekeeping within the UN framework was reflected in the program approved by the Security Council, set out in the report of the UN Secretary-General “An Agenda for Peace”. The program is based on the comprehensive role of the UN in peacekeeping efforts in the areas of preventive diplomacy, peacekeeping, peacekeeping, and peacebuilding.
Preventive diplomacy is understood as actions aimed at preventing the emergence of disagreements between the parties, preventing existing disputes from escalating into conflicts and limiting the scope of conflicts after they arise. It involves the wider use of confidence-building measures, the creation of fact-finding missions and early warning systems about threats to peace, the preventive deployment of the UN Armed Forces, and the use of demilitarized zones as a preventive measure.
Peacekeeping- these are actions aimed at bringing the warring parties to agreement, mainly through negotiations and other peaceful means provided for by the UN Charter in Chapter VI.
Keeping the Peace involves conducting operations with the help of military personnel both to prevent conflicts and to establish peace.
Post-conflict peacebuilding- These are actions to establish and maintain structures in the post-conflict period, which should contribute to the strengthening and consolidation of peace in order to prevent the recurrence of conflicts.
One of the important elements modern concept maintaining peace is close cooperation and interaction of the UN and regional organizations in the development of the provisions of the UN Charter. The Declaration on Improving Cooperation between the UN and Regional Agreements or Bodies in the Field of Maintaining International Peace and Security, adopted by the UN General Assembly on December 9, 1994, provides for various forms of such cooperation: exchange of information and consultations, participation, where appropriate, in the work of UN bodies, provision of personnel, material and other assistance, UN support for regional peacekeeping efforts.
Actions of the Security Council in the event of threats to the peace, violations of the peace and acts of aggression. Security Council actions in the area of peacekeeping begin with the qualification of the situation. In accordance with Art. 39 The Council must determine whether it is dealing with a threat to the peace, a breach of the peace or an act of aggression.
For example, in resolution 232 of 16 December 1966, the Security Council qualified the adoption of the Declaration of Independence by Southern Rhodesia as a threat to peace, citing the fact that this act was adopted by the white minority in violation of the principle of self-determination. In the Iran-Iraq conflict, the Security Council did not immediately, but nevertheless, define the situation as a violation of international peace in the sense of Art. 39 and 40 of the Charter [res. 598 (1987)]. The same qualification was contained in resolution 660 (1990) in connection with Iraq's invasion of Kuwait.
The qualifications of the Security Council are the legal basis for its further actions to maintain peace. The UN Charter gives the Council the right to resort to temporary measures under Art. 40 in order to prevent further aggravation of the situation. Such measures must not be detrimental to the rights, interests or position of the parties concerned and must be aimed at preventing the situation from getting worse. They are carried out by the interested parties themselves, but at the request of the Council, which is in the nature of a decision. As a rule, temporary measures include a ceasefire, the withdrawal of troops to previously occupied positions, the withdrawal of troops from occupied territory, the establishment of a temporary demarcation line, the creation of a demilitarized zone, etc.
From Art. 40 entails the right of the Security Council to monitor the implementation of a decision on provisional measures so that it will be able to “take due account of the failure to comply with those provisional measures” by the parties to the conflict. Based on Art. 40 the practice of creating and using peacekeeping operations was born.
If the situation continues to deteriorate, the Council has the right to take both non-armed and military measures. The first are provided for in Art. 41 of the Charter. They may include a complete or partial interruption of economic relations, railway, sea, air, postal, telegraph, radio or other means of communication, as well as a severance of diplomatic relations.
The Security Council has repeatedly resorted to unarmed sanctions under Art. 41 of the Charter: v. Southern Rhodesia (1966, 1968), South Africa (1977), Iraq (1990), Yugoslavia (1991), Libya (1992), Somalia (1992), Haiti (1993), Angola (1993), Rwanda (1994), Liberia (1995). The sanctions included not only an embargo on the supply of arms and military materials, but also, in some cases, large-scale financial measures. When sanctions are imposed on a country, the Security Council creates a sanctions committee to monitor its violation. The committee is authorized to inform states about violations of sanctions by individuals or companies under their jurisdiction. In response, states must take measures to ensure compliance with the sanctions and report to the Security Council.
The use of measures using armed forces is regulated by Art. 42, which states that the Security Council is authorized to take action by air, sea or ground forces if it considers that the measures provided for in Art. 41 may prove to be insufficient or have already proven to be insufficient. This means that the Security Council can undertake armed operations after implementing measures under Art. 41, simultaneously with them and as a primary measure. However, in the practice of its activities, the Security Council has never resorted to the use of armed forces in accordance with Art. 42.
UN peacekeeping operations.Peacekeeping operations (PKOs) are peacekeeping measures with the involvement of military personnel, undertaken in order to stabilize the situation in the conflict area, create favorable conditions for its peaceful resolution, establish and maintain peace. They are characterized by the following general principles: the need for clearly expressed consent of the parties to the conflict to conduct an operation using military personnel; the mandate of the operation clearly formulated by the Security Council; exercise by the Council of general management of the operation; vesting command and control of the operation with the UN Secretary-General; restriction on the use of military force, permissible only for the purposes of self-defense; complete impartiality of the forces and their neutrality (should not interfere in the internal affairs of the country in which they are deployed; should not be used in the interests of one conflicting party to the detriment of the other).
Two types of PKOs have emerged and continue to develop: military observer missions of unarmed officers - “blue berets” [the first such mission was created in 1948 - Palestine Truce Supervision Authority (UNTSO)] and peacekeeping forces consisting of national military contingents armed with small arms - "blue helmets" [the first such operation was carried out in 1956 by the UN Emergency Force in the Middle East (UNEF-1)]. As of 1999, about 50 operations of both types were performed.
Analysis of the practice of conducting AAR allows us to conclude that this institution is constantly developing. Since 1988, PKOs have been used not only in interstate, but also in intrastate conflicts. Because of this, OPM acquired new qualitative characteristics. In interstate conflicts, mainly military personnel were used to perform functions of a mainly military nature, in particular: separating the warring parties in the conflict, creating and patrolling separation zones, buffer and demilitarized zones, monitoring the ceasefire, the withdrawal of troops, monitoring the development of the situation, movement of armed personnel and weapons in areas of tension, etc.
In intrastate conflicts on interethnic, ethnic, religious and other grounds, PKOs have acquired a multifunctional character. In addition to the military, they began to be entrusted with functions related to the control of administrative bodies, the organization and conduct of elections, the promotion of economic and social development, monitoring the observance of human rights, providing assistance in state building, etc. Such tasks required the participation in the PKO of not only the military, but and police and civilian personnel called upon to act together. In addition, it was necessary to carry out new military tasks in comparison with the tasks of participation in interstate conflicts, namely: disarmament and liquidation of illegal armed groups in the conflict area; protection of legitimate civil authorities; protection of refugees and internally displaced persons; ensuring the security of humanitarian cargo; protection from destruction or damage to strategic objects in the conflict area, etc.
At the end of the 80s, another qualitative change in the nature of OPM appeared. Previously, they were deployed after a ceasefire, but before a negotiated settlement of the conflict, and the main purpose of their mandate was to create conditions for successful negotiations to resolve the conflict. Multi-functional PKOs are now established after negotiations are completed to help the parties meet the terms of a comprehensive settlement. Such operations were carried out in Namibia, Angola, El Salvador, Cambodia and Mozambique.
In most cases, UN peacekeeping operations have prevented the escalation of regional conflicts and brought an element of stability to dangerous situations in many regions. The UN Armed Forces was awarded Nobel Prize world for 1988.
At the same time, it should be noted that in a number of cases, PKOs suffered major setbacks and even failures when operations were carried out in the absence of an agreement between the conflicting parties. In particular, the experiences of Bosnia and Herzegovina and Somalia have demonstrated that the effectiveness of PKOs declines sharply when warring parties do not comply with ceasefire agreements and when cooperation between them is limited or non-existent. The failures were contributed to by unclear and contradictory Security Council mandates and the assignment of PKOs to tasks beyond the scope of peacekeeping, such as the requirement to undertake coercion in the face of insufficiently strong political leadership on the part of the Security Council, lack of personnel, equipment, and funding.
Financing of the PKO is carried out through participation in the costs of all UN member states. Typically, each operation has its own budget. A special scale is used to determine the levels of contributions, providing for higher levels of contributions for the five permanent members of the Security Council and significant reductions for the least developed countries. In some cases, funding comes from voluntary contributions, for example for the Cyprus Peacekeeping Force.
The number of UN peacekeeping operations continues to grow. In the period 1987-1999 alone, more than 35 operations were carried out (before that, only 13 operations were deployed). Since 1948, more than 120,000 military personnel and thousands of civilians have served in UN forces, and more than 1,700 of them have died. These facts require certain measures to be taken.
In order to improve the organization of peacekeeping operations, the UN has created a Situation Center, improved training programs for peacekeeping personnel, and is developing the basic principles of peacekeeping operations. To minimize deployment times, the UN has signed standby force agreements with more than 50 countries, which have agreed to keep troops, equipment and logistics ready to deploy as soon as the UN needs them.
On December 9, 1994, the UN General Assembly approved and opened for signature and ratification the Convention on the Safety of UN and Associated Personnel. The Convention deals with the provision of protection to UN personnel participating in peacekeeping operations. The Convention specifically provides that its provisions do not apply to personnel participating in compulsory military operations under Chapter VII of the UN Charter conducted against organized armed forces.
The Convention obliges UN and associated personnel participating in UN peacekeeping operations to comply with the laws and regulations of the host and transit States and to refrain from any action inconsistent with the impartial and international character of their duties (Article 6).
Article 7 establishes that UN and associated personnel, their facilities and premises shall not be the target of attack or any action that prevents such personnel from carrying out their mandate. States Parties must take all appropriate measures to ensure his safety and protection, including from the crimes listed in Art. 9: murders, kidnappings, attacks, etc.
Multinational forces outside the UN framework. Although the possibility of using military force for coercive action in the event of a threat to the peace, a violation of the peace or an act of aggression is provided for by the UN Charter, in practice, armed forces for these purposes were created and operated outside the UN framework.
The UN Charter establishes that enforcement action can only take place by decision of the Security Council and only under its leadership. For enforcement actions under its authority, the Council may use the armed forces of Member States placed at its disposal and, where appropriate, regional agreements or bodies.
The UN has very little experience in the use of coercion on behalf of the UN. One can only refer to the UN operation in the Congo (July 1960 - June 1964), when the Security Council authorized the use of force by UN troops as part of a peacekeeping operation to ensure the integrity of the Congo and the disarmament of the separatists.
Unfortunately, many more precedents are being created—and increasing—in which the Security Council delegates its powers to take enforcement action to a group of States.
The first case took place in 1950 in connection with events in Korea. The United States intervened in the hostilities that began between the two parts of the Korean state, on the side of South Korea. The Security Council, in its decisions of June 25 and 27 and July 7, adopted in the absence of the Soviet representative, demanded a cessation of hostilities, the withdrawal of North Korean troops beyond the 38th parallel and called on UN members to assist South Korea by placing armed contingents at the disposal of a unified command under US leadership. The multinational force, consisting of contingents from 16 states, received the name “UN Armed Forces” and the right to use the UN flag in operations; however, their connection with the UN was symbolic. This force, consisting mainly of American troops, still flies the UN flag in South Korea.
A second multinational force was created in 1991 after Iraq's invasion of Kuwait in August 1990. In resolution 660 (1990), the Security Council stated that there was a violation of international peace and security, and in resolution 661 (1990) it clarified the qualification, noting the fact of “an armed attack by Iraq on Kuwait” and the occupation of Kuwait, and in resolution 664 (1990) - annexation Kuwait.
Acting consistently, the Security Council decided on temporary measures on the basis of Art. 40, demanding that Iraq withdraw its troops from Kuwait and calling on the parties to begin negotiations (Res. 660). Having duly taken into account the failure to implement these temporary measures, the Council resorted to economic sanctions (Resolution 661), then supplementing them with sea blockade measures (Resolution 665) and air blockade (Resolution 670). In resolution 678 of November 29, 1990, the Security Council demanded that Iraq comply with all previous resolutions and gave it a final opportunity to do so by establishing a goodwill pause until January 15, 1991: in paragraph 2 of the same resolution, the Council authorized member states to cooperating with the Government of Kuwait, if Iraq does not fully implement the said resolutions by the specified date, "use all necessary means to support and implement resolution 660 (1990) and all subsequent relevant resolutions and restore international peace and security in the area."
With the adoption of this resolution, the Security Council withdrew from further measures, transferring its authority to restore international peace and security to a multinational group led by the United States. Although Resolution 678 did not explicitly address the possibility of military action, the multinational force began with it, subjecting Iraq to rocket fire and bombing. At the same time, the laws and customs of warfare were violated, prohibiting military actions against civilians and peaceful objects.
As in the first case, the multinational force in Kuwait was not associated with either the Security Council or the Military Staff Committee, although resolution 665 called on states cooperating with Kuwait to coordinate their actions in organizing a naval blockade through the MSC. This time they were no longer called the “UN Armed Forces”.
Subsequently, the Security Council authorized groups of Member States to create multinational enforcement forces in Somalia [res. 794 (1992)] under US leadership and in Rwanda [res. 929 (1994)] under French leadership to ensure the delivery of humanitarian aid and other humanitarian operations to Haiti [res. 940 (1994)] under US leadership to assist in the restoration of democracy. In all cases, the leadership and control of the operation was carried out by the participating States, and not by the Security Council. They also financed the operations. In carrying out a large-scale peacekeeping operation in the territory of the former Yugoslavia, the Security Council, in its resolution 836 of 4 June 1993, authorized Member States, acting individually or through regional organizations and agreements, to take all necessary measures, including air strikes, to facilitate the implementation of the Force's mandate United Nations Protection Authority (UNPROFOR) in Bosnia and Herzegovina. The resolution assumed that such measures should be taken under the leadership of the Security Council and in coordination with the UN Secretary-General and the UNPROFOR command. A similar decision was taken by the Council on 19 November 1994 (Res. 958) regarding support for UNPROFOR in Croatia. The North Atlantic Treaty Organization (NATO) took upon itself the forceful support of these decisions, which repeatedly, starting from February 27, 1994, carried out bombing attacks on the positions of the Bosnian Serbs. Each time, the UNPROFOR command came forward with requests for bombings and their motivation. The Security Council remained on the sidelines and essentially lost control over developments. Such actions changed the de facto peacekeeping status of UNPROFOR, which did not contribute to their effectiveness and delayed the resolution of the conflict situation.
Only on November 21, 1995, in Dayton, was the US-developed General Framework Agreement for Peace in Bosnia and Herzegovina and its Annexes, collectively referred to as the Peace Agreement, initialed, then signed in Paris on December 14, 1995. The UN was not represented in Dayton. According to Annex 1 "a", control over the implementation of the Peace Agreement was entrusted to a multinational military implementation force (MFF) consisting of land, air and sea forces of NATO member states, as well as other states under agreement with NATO. All that was required of the Security Council was the adoption of a formal resolution authorizing member states and regional organizations to create such a force. Such a resolution, in which the Council authorized the creation of a multinational IFOR and decided that the mandate of UNPROFOR would terminate and its powers would be transferred to the IFOR, was adopted on 15 December 1995 (Res. 1031).
The 60,000-strong SAF is dominated by American and NATO troops, but also includes a group of non-NATO countries, including Russia (approximately 1,500 people). Like other non-NATO countries, Russia is far from the overall control of the operation. As for the UN, to coordinate with the SAF the implementation of the civilian aspects of the Peace Agreement, the Security Council established a UN civilian office under the leadership of the UN Secretary-General.
The question arises about the legality of creating such a multinational force that will assume, albeit with the permission of the Security Council, the functions of maintaining and restoring international peace and security. There is no provision in the UN Charter that would allow the Council to withdraw from its primary responsibility and delegate its competence to one state or group of states without ensuring the continuation of its leadership.
International organizations are derivative subjects of international law; their legal personality is of a contractual nature. The competence of each body is defined and enshrined in the constituent act. It can only be changed in the same way as it was installed. The ways for this are known: the adoption of amendments to the constituent agreement with their subsequent ratification or the conclusion of additional agreements. It follows from this that no UN body has the right to transfer its functions to another body, state or group of states, since such a procedure is not provided for in the Charter. Therefore, decisions of the Security Council, according to which the Council's powers to use force are transferred to a state or group of states without retaining leadership from the Council, are illegitimate and contrary to the charter.
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