The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of Its Chapter VII Powers

By Danesh Sarooshi | Go to book overview

4
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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1
See also Dinstein Y., War, Aggression and Self-Defence ( 1994), pp. 296-7; and Kirk G., The Enforcement of Security, Yale LJ, 55 ( 1946), p. 1081 at p. 1083. The reliance on the armed forces of UN Member States is a logical consequence of the decentralized nature of the international system.
2
However, with the end of the Cold War there was renewed hope that Article 43 will be implemented: see Boutros-Ghali B., An Agenda for Peace ( 1992), p. 25. There have also been suggestions for the creation of a UN standing force: see An Agenda for Peace, ibidem, paras. 42-5; and 'Creation of a Standby United Nations Military Force', The Record of the Association of the Bar of the City of New York, 48 ( 1993), p. 981.
3
See supra note 78 in Chapter 2.
4
It was not envisaged in the Charter that the Council itself would exercize military command over the force carrying out military enforcement action. ( Simma B., ed., The Charter of the United Nations ( 1994), p. 633.) In fact, Article 47(3) of the Charter expressly confers on the Military Staff Committee the strategic direction of a force carrying out such action.
5
See the "Report of the Military Staff Committee to the Security Council", S/336, SCOR, Special Supplement ( 1947), No. 1., Articles 36-40.
6
The intention as expressed in Articles 46 and 47 as well as in the General Principles Governing the Organisation of the Armed Forces concluded by the Military Staff Committee seems to be that the supreme direction of the military operations shall be exclusively in the hands of the UN and that the commanders of the national contingents shall take their

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