The Legal Framework Governing The Delegation Of Powers To UN Member States
Under the scheme of the Charter it was always intended that any military enforcement measures designed to maintain or restore international peace would depend on forces supplied by UN Member States.1 Article 43 of the Charter contained provision for UN Members to contribute forces to the Council by way of formal agreement. These forces would be used for such military enforcement action as the Council deemed necessary, and they were to be under the overall authority and control of the Council. Due, however, to political considerations no agreements under Article 43 have ever been concluded,2 the consequence of which is that the Council cannot compel States to contribute forces to carry out military enforcement action.3 However, the question of who is to carry out military enforcement action is very different from who is to exercize command and control over such action.4 It was the Military Staff Committee that was to be responsible for the strategic direction and control of States' forces who were carrying out military enforcement action. The intention was that national contingents would continue to remain subject to their own regulations and obey their own national commander who would take commands from a UN Force Commander who was to be under the control of the Military Staff Committee5. The Council would exercize its overall command authority and control through the Military Staff Committee.6 The lack of effective____________________
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Publication information: Book title: The United Nations and the Development of Collective Security:The Delegation by the UN Security Council of Its Chapter VII Powers. Contributors: Danesh Sarooshi - Author. Publisher: Oxford University Press. Place of publication: Oxford. Publication year: 2000. Page number: 142.
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