13 - The Security Council May Use or Authorize States or Regional Organizations to Use Force

Summary

UN Charter Art. 2:4 aims to protect states from forcible encroachments by other states, but it does not stand in the way of the Security Council taking or authorizing states to take enforcement actions under Art. 42 and did so in the case of Korea 1950 and Iraq in 1991.It may take or authorize enforcement actions – even inside states – under Art.2:7 and 42. It may also under Art. 53 authorize the use of force by regional organizations – and has done so. The Responsibility to Protect (R2P) doctrine envisages the use of force to remedy extreme internal situations, such as genocide or massacres, but only within the rules cited requiring approval by the Security Council. The veto is often criticized as hindering action by the Council. It may, indeed, be excessively used but may sometimes be only a signal from one of the permanent members that it may be ready to use its power to resist an action proposed. Post WWII, force has been used by states – but only rarely – to acquire territory while ignoring the Security Council, notably by North Korea in 1950, Iraq against Iran in 1980 and against Kuwait in 1990, Russia against Ukraine in 2014 and 2022.