Chapter VII of the United Nations Charter sets out the
UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
Rationale
The
UN Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
's prohibition of member states of the UN attacking other
UN member states is central to the purpose for which the
UN was founded in the wake of the destruction of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
: to prevent war. This overriding concern is also reflected in the
Nuremberg Trials' concept of a
crime against peace "starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties or agreements" (crime against peace), which was held to be the crime that makes all war crimes possible.
Chapter VII also gives the
Military Staff Committee responsibility for strategic coordination of forces placed at the disposal of the UN Security Council. It is made up of the chiefs of staff of the five permanent members of the Council. Otherwise, that chapter is used when «the
UNSC is authorizing either a member state or a coalition of the willing to act nationally or through regional organizations to address this threat – if necessary with all necessary measures, including the use of outright force. The phrase ‘all necessary measures’ is to be taken literally. Any military action performed through land, air, and sea forces is specifically allowed (UN Charter Article 42). Such action could entail troop deployment, the enforcement of a no-fly-zone, even the use of aerial bombardment».
Historical background
The United Nations was established after
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
and the ultimate failure of
diplomacy
Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 ...
despite the existence of the
League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide Intergovernmental organization, intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by ...
in the years between the First and Second World War. The Security Council was thus granted broad powers through Chapter VII as a reaction to the failure of the League.
[Krisch, Nico, and Frowein. The Charter Of The United Nations – A Commentary. New York, NY: C.H. Beck Verlag, 2002.] These broad powers allow it to enjoy greater power than any other international organization in history. It can be argued that the strong executive powers granted to it give it the role of 'executive of the international community' or even of an 'international government'.
The covenant of the League of Nations provided, for the first time in history, enforcement of international responsibilities (i.e. adhering to the
Covenant of the League of Nations) through economic and military sanctions. Member states were also obliged, ''even without prior decision by the council'' to take action against states that acted unlawfully in the eyes of the League's Covenant. This meant that the peace process was largely dependent on the willingness of member states, because the
Covenant of the League of Nations did not provide binding decisions; The Council of the League was only responsible for recommending military force. As well as this, Article 11 paragraph 1 of the Covenant states:
This can be seen as an authorization of the use of force and other enforcement measures, however, states repeatedly insisted that this did not make decisions by the League binding.
This resulted in an unprecedented will by both the powers at the
Dumbarton Oaks Conference and the states present at the
San Francisco Conference to submit to a central organ like that of the Security Council. Despite long debate over whether the
General Assembly
A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company.
Specific examples of general assembly include:
Churches
* General Assembly (presbyterian church), the highest court of pres ...
should also have power over decisions made by the Security Council, it was eventually decided by a large majority vote that the Security Council should maintain its executive power because, as the major powers emphasized, a strong executive organ would be needed for the maintenance of world peace. This emphasis was advocated in particular by the Chinese representative, recalling the powerlessness of the League during the
Manchuria Crisis
The Mukden Incident, or Manchurian Incident, known in Chinese as the 9.18 Incident (九・一八), was a false flag event staged by Japanese military personnel as a pretext for the 1931 Japanese invasion of Manchuria.
On September 18, 1931, ...
.
Article 41 and Article 42
Articles 41 and 42 jointly establish the right of the Security Council to arrange for the use of both non-armed (Article 41) and armed (Article 42) measures to put its decisions into effect.
Article 41:
Article 42:
Chapter VII Resolutions
Most Chapter VII resolutions (1) determine the existence of a threat to the peace, a breach of the peace, or an act of aggression in accordance with Article 39, and (2) make a decision explicitly under Chapter VII. However, not all resolutions are that explicit, there is disagreement about the Chapter VII status of a small number of resolutions. As a reaction to this ambiguity, a formal definition of Chapter VII resolutions has recently been proposed:
Chapter VII resolutions are very rarely isolated measures. Often the first response to a crisis is a resolution demanding the crisis be ended. This is only later followed by an actual Chapter VII resolution detailing the measures required to secure compliance with the first resolution. Sometimes dozens of resolutions are passed in subsequent years to modify and extend the mandate of the first Chapter VII resolution as the situation evolves.
The list of Chapter VII interventions includes:
*
United Nations Security Council Resolution 82 (Korea)
*
United Nations Security Council Resolution 1267 (Afghanistan)
*
United Nations Transitional Administration in East Timor
*
United Nations Mission in the Democratic Republic of Congo
*
International Criminal Tribunal for Rwanda
*
United Nations Mission in Sierra Leone
*
United Nations Assistance Mission for Rwanda
*
United Nations Angola Verification Mission II
*
United Nations Operation in Somalia II
*
United Nations Monitoring, Verification and Inspection Commission
*
United Nations Protection Force (former Yugoslavia)
*
Oil-for-Food Programme (Iraq)
*
United Nations Stabilisation Mission in Haiti
*
United Nations Security Council Resolution 678 (Gulf War)
*
United Nations Security Council Resolution 1973 (Libya)
*
United Nations Security Council Resolution 502 (Argentina)
*
Special Tribunal for Lebanon
See also
Timeline of United Nations peacekeeping missions, some of which were created under the authority of Chapter VI rather than VII.
Article 51
Article 51 provides for the right of countries to engage in
self-defence, including collective self-defence, against an armed attack
and was included during the
San Francisco Conference in 1945.
Usage by sovereign countries
Countries, such as the United States during the
2003 invasion of Iraq,
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
during the
2006 Lebanon War,
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
during
Operations Euphrates Shield in Syria, and
Claw-Lock in Iraq, and
Russia
Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eigh ...
during the
2022 Russian invasion of Ukraine have used this article to legitimize their military incursions abroad.
This article was the impetus for
much international pact-making and has been cited by the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
as support for the
Nicaragua case and the
legality of the Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
. According to that argument, "although South Vietnam is not an independent sovereign State or a member of the United Nations, it nevertheless enjoys the right of self-defense, and the United States is entitled to participate in its collective defense". Another aspect is if the right of self-defense still exists if the security council of the United Nations has taken measures to deal with the conflict.
There are contradictory opinions whether this right still exists once the security council took action.
Article 51 has been described as difficult to adjudicate with any certainty in real-life.
In a letter to the UN Security Council requesting
military intervention in Yemen
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, Yemen's President
Hadi invoked Article 51.
The United States used Article 51 to justify the
assassination of Qasem Soleimani and U.S. airstrikes in Iraq and Syria against an
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkm ...
-backed militia group.
References
{{DEFAULTSORT:Chapter 07 Of The United Nations Charter
Divisions and sections of the Charter of the United Nations
United Nations Security Council
United Nations peacekeeping