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DEFENDERS
26
Spr ing&Summer
2 0 1 5
recognized principles in the UNCharter be justified
for this aggression.
b) International LawAspect
in view of the focal point of the UN Charter is
the actions of countries at the international level,
and since the coalition countries are all party to the
Charter, it is important that the relevant articles be
reviewed and analysed.
In Chapter I of the UN Charter according to
Article 2(3): “All Members shall settle their
international disputes by peaceful means in such a
manner that international peace and security, and
justice, are not endangered.” This clearly states
that the use of non-peaceful measures by member
countries. Should be avoided. Also paragraph 4 of
the same Article states: “All Members shall refrain
in their international relations from the threat or use
of force against the territorial integrity or political
independence of any state, or in any other manner
inconsistent with the Purposes of the United
Nations.” Article 6 of Chapter 2 states: “AMember
of the United Nations which has persistently
violated the Principles contained in the present
Charter may be expelled from the Organization by
the General Assembly upon the recommendation
of the Security Council.”
From the abovementioned principles it can be
seen that resorting to force by UN member states
against other members that contradict the objectives
of the UN (international peace and security) are
clearly disapproved of.
Furthermore Article 33(1) of Chapter VI states:
“The parties to any dispute, the continuance of
which is likely to endanger the maintenance of
international peace and security, shall, first of all,
seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort
to regional agencies or arrangements, or other
peaceful means of their own choice.”
What is notable in this Chapter is theway inwhich
the Security Council intervenes to end disputes.
On this basis, at first the Security Council will ask
disputing parties to settle their differences through
the aforementioned methods (
33(2)
). Otherwise, the
parties (not just one party) must refer their dispute
to the Council (Article 37), and most importantly
it's the role that at the end of the Chapter (Article
38) has been considered, and that is the role of
giving recommendations to disputing parties.