УПОТРЕБА СИЛЕ У ПОРЕТКУ УЈЕДИЊЕНИХ НАЦИЈА
USE OF FORCE IN THE UNITED NATIONS ORDER

Author(s): Duško Dimitrijević
Subject(s): Politics, Law, Constitution, Jurisprudence, International Law, Security and defense, Military policy, Geopolitics
Published by: Институт за међународну политику и привреду
Keywords: United Nations; Charter; use of force and threat; collective security; international relations
Summary/Abstract: In contemporary international relations, the ideas of the New World Order and global governance in the field of peace have led to significant political implications in the sphere of collective security of the United Nations. New security challenges, manifested through frequent violations of the rules prohibiting the use of force and the threat, have caused irregular or "quasi-legal" situations. Thus, in the decades after the end of the Cold War, it happened that force was used for the purpose of prevention, and on the basis of the right to self-defense when the threat was not serious and immanent. Then, force was used preventively when the threat potentially or actually existed, but outside the borders of the state territory. Finally, force was also used within the borders of national territories when serious internal conflicts occurred. Although there was no specific legal basis for the aforementioned cases in the United Nations Charter or in general international law, the cases were often covered by Security Council resolutions in order to justify the impact of effectiveness, i.e. the created factual situation, on the positive international legal order. In the context of the changed political circumstances in the international community, a re-examination of the rules on the use of force and the threat of force in the United Nations order therefore seems quite understandable, since the proper management of the collective security system requires an interpretation consistent with the objectives of the United Nations, among which the protection of world peace and security is a fundamental basis for the survival of humanity.

• Details
• Contents