The Recourse to Use of Force in the Post-Cold War Era: A Critical Analysis of the Roles and Responsibilities of the United Nations Security Council.

Moges, Tadesse (2010) The Recourse to Use of Force in the Post-Cold War Era: A Critical Analysis of the Roles and Responsibilities of the United Nations Security Council. Masters thesis, Addis Ababa University.

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Abstract

Though armed conflicts have been prevalent since antiquity, no express prohibition against Ihe use of force under inlemational law existed unlil recently. The adoplion of Ihe UN Charter relatively sellied Ihe matter. However, when we probe the post-UN Charter state practice, the jurisprudence of the use of force aspires to indicate some rectified paradigm and wildly at variance with the Charter 's language though iI is not yet well developed and crystallized. Here, it is clear that the authority of the SC to use force under the rubric of maintaining international peace and security appears to be elastic and often discretionary. Thus resort to use of fo rce by individual slates under Arl.5J as well as customary intemalionallaw is subject to rigorous and controversial requiremenls. This is so because, il is believed Ihat Ihe collective security system would besl serve Ihe plllpose of the international communily. The theoretical as well as practical problems pertaining to the issue of use afforce, Ihe perceived practices of states, trends in ils evolvell/ent and progresses in this area, and the SC's reactions and Ihe tanlalizing issues thereof remained unsettled. After reflecting on the skeleton of its recent stage, different shortfalls have been observed. These include: how should the conceptual flaws and gaps under the Charter be remedied? Can the CharIer system wilh its strict provisions on Ihe use of force wilhsland the prevailing pressures ji-om unseen and unconventional actors and enlarged demands of the inlernational community? How should the prevalenl praclices of inlemational actors be inlegrated under the international law ji-amework? What meanings should be accorded lO the inactions, tolerance and/or subsequent approval of the SC for aClions which basically violate the CharIer norms? Inlel'llationallaw should not be theorized and it needs to ,ake in to account each concrele situalion and impart meaning 10 the prevailing legal rules all Ihe ground. Hence, Ihe rules regulatillg use of force needs to keep pace with and reflect Ihe realilies and practices at hand. Apart fi'OIn de viani slale practices, there are also some interesting regional developmenls, for instance, Ihe introduction of interventionist doctrine by Ihe Aji-ican Union. The manner the SC has been functioning also imports of some consideralions in Ihe developmenl of internationallmv. Analyzing these issues inline with the Posl Cold War facls is essential to .Ipecifj; the meaning of the rule of law in Ihis 5phere. Accordingly, Ihe Ihesis argues that to effectively respond to Ihe threats to peace and security posed by unconventional aclors and proliferation of WMD and, to the demands of intemational community 10 promote juslice, human rights and democracy, a comprehensive measure, among other Ihings, attaching a due consideralion 10 Ihe implicalions of the SC 's behaviors (as it II/uslers public support) should be adopted 10 ensure the viabilily of the global securily syslem. This includes, ensuring Ihe adaptability of the Charier norll/S, adopling a relalively relaxed Ihreshold to weigh Ihe validily of measures for cases of eSlablishing CUSIOmCII}1 rules, and recognizing and Irying to set refined rules for Ihe newly emerging nor/liS.

Item Type:	Thesis (Masters)
Subjects:	H Social Sciences > H Social Sciences (General)
Divisions:	Africana
Depositing User:	Kabiru Wallace Ndung'u
Date Deposited:	04 Jul 2019 08:21
Last Modified:	04 Jul 2019 08:21
URI:	http://thesisbank.jhia.ac.ke/id/eprint/9345

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