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Work of Security council – Organ of United Nation

 Work of Security councilMaintenance of international peace and security – The maintenance of international peace and security is the primary responsibility of the Security Council. The power to fulfill this responsibility is given to him under Article 24(1) of the Charter.

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 Article 25 of the Charter provides that the members of the United Nations agree to accept and abide by the decisions of the Security Council in accordance with this Charter.

 The Security Council performs tasks related to the maintenance of international peace and security in two ways. These methods are by peaceful means and by enforcement action.

By peaceful means – Chapter 6 of the Charter provides for the various means by which the Security Council may settle disputes by peaceful means, which are likely to threaten international peace and security.

 A dispute which is considered to be a threat to international peace and security is known to the Security Council when it itself, under Article 34, investigates it suo motu or a member of the United Nations, whether party to the dispute. whether or not to bring before it any dispute under article 35(1), or when under article 99 of the Charter, the Secretary-General of the United Nations draws the attention of the Security Council to a matter which is due to the existence of international peace and security is in danger

Once a matter is brought before the Security Council through one of the above methods, it considers the nature of the dispute. That is, is that dispute likely to threaten international peace and security?

Once the Security Council is satisfied that the peace is threatened, it may call upon the parties to the dispute to settle their disputes by peaceful means. Which is mentioned under Article 33(1).

These are peaceful means – negotiations, investigation, mediation, conciliation arbitration, judicial settlement, efforts of regional agencies or systems.

 The means mentioned in Article 33(1)1 are not comprehensive. The parties may also settle their disputes by other peaceful means as they wish. Article 37(1) provides for this. According to this, if the parties to a dispute fail to settle it by the means specified in Article 33, they shall also refer it to the Security Council for settlement. The Security Council will advise on the settlement of the dispute.

In the Karfu Channel case, the Security Council recommended the United Kingdom and Albania to refer the dispute to the International Court of Justice.

On the question of Palestine, the Security Council recommended that all parties concerned take special measures to prevent violence.

By enforcement proceedings –

Once the Security Council determines that international peace and security has been violated and peaceful means have failed, the Security Council may take enforcement action under Chapter 7 of the Charter.

When the Security Council decides that a threat to the peace, breach of the peace or an act of aggression exists, it decides what measures to take in accordance with Articles 41 and 42 for the maintenance of international peace and security.

 Article 41 of the Charter provides that the Security Council may call upon the members of the United Nations to adopt measures that do not involve the use of force. These measures include the complete or partial breach of economic ties and rail, sea, air, post, telegraph, radio and other means of communication, and severance of political ties.

 States have to make provisions in their national laws to adopt the measures described under Article 41.

 If the Security Council considers that the measures provided for in Article 41 of the Charter are insufficient or proved to be insufficient, it may, by air, sea or land forces, take such action as may be necessary to maintain or restore international peace and security. required to install. Article 42 of the Charter makes provision in this regard.

 Actions taken under Article 42 may include demonstrations of force, blockades and other actions by air, sea or land forces of members of the United Nations.

 Action under Article 42 is carried out by the armies of the member states, so it is necessary that military agreements be made with the members before collective action.

 If the Security Council decides to take action under Article 42 of the Charter, each Member shall provide require armed forces, aid and facilities, including the right of way at the request of the Security Council and in accordance with special agreements or agreements in accordance with Article 43.  Article 42(3) provides that the number and type of armies, their preparedness and general location and the nature of facilities and assistance to be given, shall be regulated by such agreement or agreements. This means that when the Security Council decides to take enforcement action, it also determines the role to be played by each member state.

Military Staff Committee –

Prompt and effective military action at the onset of crisis is impossible without adequate prior planning and staff action. That is why the Security Council has constituted the Military Staff Committee. Whose function is to give advice and help on all military problems. The Military Staff Committee is a subsidiary organ of the Security Council.

Joint proceedings under article 106

Article 106 of the Charter makes provision with reference to a situation where there is no special agreement and the Military Staff Committee also does not perform its work, where there is no special agreement, and the Military Staff Committee also cannot perform its work, then in such a situation How to maintain international peace and security.

The superpowers of Article-106 – Provides for the joint action of the permanent members of the Security Council until the Security Council has expressed the view that it has failed to fulfill its responsibilities under Article-42. Sufficient special agreement has been made to enable itself for Joint action taken by super powers shall be deemed to be action taken on behalf of the organization.

Work of Security council

Miscellaneous Functions – The Security Council, in addition to fulfilling its responsibility to maintain international peace and security, also performs many other functions. This function is – The Security Council makes recommendations to the General Assembly for the admission of a state to the United Nations.

 The Security Council is empowered to recommend to the General Assembly the suspension or expulsion of any member of the United Nations. The rights or privileges of a member against whom preventive or enforcement action is being taken may be suspended by the General Assembly on the recommendation of the Security Council.

 Security Council Trustees are empowered to control and supervise areas of strategic importance in territories.

The Security – council approves the terms of trustee agreements. It can also modify and amend the terms of the agreement.

 The Security Council makes recommendations to the General Assembly for the appointment of the Secretary-General of the United Nations.

An amendment to the Charter will apply to all members of the United Nations when it is adopted by a vote of two-thirds of the members of the General Assembly, including all permanent members of the Security Council.

 The Security Council encourages the promotion of peaceful settlement of local disputes through such regional arrangements or by such regional agencies at the inspiration of the States concerned or on the direction of the Security Council.

 The Security Council may, upon request from the Secretary-General, call a special meeting of the General Assembly or a special emergency meeting. The Security Council may establish such subsidiary organs. which he considers necessary for the performance of his functions. The supporting organ may be an individual or a committee or a peacekeeping force.

Work of Security council

Work relating to the International Court of Justice-

 The Security Council has functions related to the International Court of Justice – the Security Council and the General Assembly elect the judges of the Court together but independently of each other.

 The Security Council recommends to the General Assembly the conditions on which a state, which is not a member of the United Nations, may be a party to a Statute of the International Court of Justice.

If a party to a case fails to fulfill its obligations under a decision conferred by the International Court of Justice, the Security Council may, on appeal from the other party, recommend or decide on measures to give effect to the decision.

 The Security Council can recommend to the General Assembly the conditions on which non-member states of the United Nations can approach the International Court of Justice.

The Security Council may recommend conditions for participation in the process of amending the Statute of the International Court of Justice with respect to Parties who are parties to the Statute but are not members of the United Nations.

Collective Security – The term collective security refers to the measures taken by all the states of the world or in a specific geographical area to prevent a breach of the peace or to suppress the act of aggression. The colle ctive security system is legally formalized through treaties. Although the term ‘collective security’ is not used in the United Nations Charter, provision has been made for collective measures under the authority of the Security Council. Hence enforcement proceedings, which are provided under Chapter 7 of the Charter, are called collective security.

‘Preventive diplomacy’ – means action that prevents disputes between the parties from arising, prevents existing disputes from turning into conflict and limits the extent of conflict when it does arise.

Work of Security council

International Law

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