Issues in International Law - Essay Example

Article 24 of the UN Charter confers on the United Nations Security Council “the primary responsibility for the maintenance of international peace and security”. In addition, Article 24 clearly points out that the actions of the UN Security Council are on behalf of members of the United Nations. This is clear in the phrase of Article 24 of the UN Charter, “…and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf”. The “responsibility” refers to the “primary responsibility for the maintenance of international peace and security”. Thus, membership in the United Nations presupposes that the acts of the UN Security Council are acts of the member nations of the United Nations. As such, Article 25 of the UN Charter commits members of the United Nations to accept and carry out the decisions of the UN Security Council.

The Chapter VII powers of the UN Security Council are in Articles 23 to 51 of the UN Charter.  Article 39 provides authority to the UN Security Council to “determine the existence of any threat to peace, breach of peace, or act of aggression”. Other powers of the UN Security Council are in Chapters VI, VII, VIII, and XII or Articles 33 to 54 and Articles 75 to 85 of the UN Charter. Under Article 39 of the UN Charter, the UN Security Council has the authority to make or recommend decisions within the ambit of its primary responsibility.  Article 40 of the UN Charter empowers the UN Security Council to make provisional decisions prior to making decisions it is authorized to make under Articles 24, 41, and 42 of the UN Charter. 

Under Article 41 of the UN Charter, the UN Security Council can decide to call on members based on Article 24 and implement “complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication, and the severance of diplomatic relations”. Under Article 42 of the UN Charter, the UN Security Council is authorized to take “action by air, sea, or land forces” covering “demonstrations, blockade, and other operation by air, sea, or land forces”.  Needless to say, the UN Security Council commands a UN armed force. Under Article 75, the UN Security Council may establish trust territories or territories for the purpose of peacekeeping and related concerns as described in Article 76 of the UN Charter.