Saudi Gazette This is the second and last part in a report explaining the legal bases for potential military action by the security council members to end the Syrian government aggression against the Syrian report. It is worthwhile to note that it is not obligatory that all UN veto-privileged members' endorsement and involvement are necessary to carry out peace-preserving military acts… unisonant act is not all-member obligatory! A member, or group of members, could set off military measures with other members, rights to join at time appropriate. The Chapter 7 of the United Nation Charter is made of 13 articles (article 39 to article 51) and sets out the UN Security Council's power 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”. 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. The UN Charter'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: 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. Use of Chapter 7 Article 41: Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations. This article cemented the legality of the Korean War, which was approved by the UN Security Council. Article 51: Article 51 provides for the right of countries to engage in self-defense, including collective self-defense, against an armed attack. Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. This article has been cited by the United States as support for the legality of the Vietnam War. 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”. Article 51 has been described as difficult to adjudicate with any certainty in real-life situations. More recently Chapter 7 has been used by the Council to send the NATO troops reinforced by Egyptian military to resolve the situation in Libya and defeat Col. Gaddafi. Ch. 7 and the Syrian govt current massacres The repression in Syria could be classified as crime against humanity, and the threat to peace is covered by the Chapter 7. Therefore, there is an urged of the international community to “act quickly against the regime through Chapter 7 of the UN charter to maintain peace.” Since chapter 7 allows for UN-backed forces to initiate military action, not simply respond when attacked. Article 41 states that “The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include 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.” And Article 42 points that “Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.” How to use Ch.7 Article 48 stipulates that: “1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine. 2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.” And Article 44 states that: “When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.” Concluded __
