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ROLE OF SECURITY COUNCIL IN MAINTAINING

INTERNATIONAL PEACE AND SECURITY

Project submitted to:

Mr. Indra Nath Dey

(Faculty of Law)

Project submitted by

Siddharth Dewangan

Semester IV; Section: B

Roll no. 163

15.02.2016

HIDAYATULLAH NATIONAL LAW UNIVERSITY

UPARWARA, NEW RAIPUR, C.G.

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CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled Role of Security Council in Maintaining
International Peace and Security, submitted to HNLU, Raipur, is record of an original
work done by me under the able guidance of Mr. Indra Nath Dey, Faculty Member Law,
HNLU Raipur.

SIDDHARTH DEWANGAN

ROLL NO.: 163

SEMESTER – IV

B.A.L.L.B (Hons.)

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ACKNOWLEDGEMENT

I feel highly elated to work on the topic “Role of Security Council in Maintaining
International Peace and Security”.

Thanks to the Almighty who gave me the strength to accomplish the project with
sheer hard work and honesty. This research venture has been made possible due to the
generous co-operation of various persons. To list them all is not practicable, even to
repay them in words is beyond the domain of my lexicon.

I express my deepest regard and gratitude for, Mr. Indra Nath Dey, Faculty of Law.
His consistent supervision, constant inspiration and invaluable guidance have been of
immense help in understanding and carrying out the nuances of the project report

I take this opportunity to also thank the University and the Vice Chancellor for
providing extensive database resources in the Library and access to Internet.

Some printing errors might have crept in, which are deeply regretted. I would be
grateful to receive comments and suggestions to further improve this project report.

Siddharth Dewangan

Semester IV

Roll no: 163

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CONTENTS

1. INTRODUCTION ……………………………………………………………….. 5

OBJECTIVE

RESEARCH METHODOLOGY

2. MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY………. 7

3. BY PEACEFUL MEANS………………………..……………………………….. 8

4. BY TAKING ENFORCEMENT ACTION……………………………………....9

5. SPECIAL AGREEMENTS………..………………… ……………………….…15

6. MILITARY STAFF COMMITTEE…………………………………….….…... 16

7. CONCLUSION …………………………………………………………………...18

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INTRODUCTION
By the very act of joining the UN, all members "confer on the Security Council primary
responsibility for the maintenance of international peace and security and agree that in
carrying out its duties under this responsibility the Security Council acts on their behalf".
They also consent "to accept and carry out" the decisions of the council on any peacekeeping
action that may be required. Under Article 39 of the charter, the Security Council's powers to
take such enforceable decisions come into effect only when a definite "threat to the peace,"
an actual "breach of the peace," or a particular "act of aggression" has occurred. Only if the
council decides that one of these circumstances prevails may it invoke its power to take a
course of enforcement action that constitutes a legally binding commitment on all UN
members. With regard to disputes between states that, in the opinion of the council, have not
yet led to a definite threat to the peace or do not constitute an actual breach of the peace or an
act of aggression, it may simply recommend measures for a peaceful settlement.

The extreme caution with which the founders of the UN assigned governmental prerogatives
to the Security Council is reflected in the fact that its peacekeeping powers are set out in two
quite separate chapters of the charter. Chapter VI establishes the council's advisory functions
in assisting the peaceful settlement of disputes. Chapter VII defines the kind of action that it
may take in the event of threats to the peace, breaches of the peace, and acts of aggression.

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OBJECTIVES

1. To study how UNSC maintains international peace and security by peaceful means.

2. To study how UNSC maintains international peace and security by taking

enforcement action.

3. To study how UNSC maintains international peace and security by other methods.

RESEARCH METHODOLOGY

The method of research adopted for the project is the analytical and descriptive method.

The texts that were used for the project include articles, research papers and news given in
various websites as well as online journals.

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MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY

The power has been conferred to it under Article 24, Para 1 of the Charter which lays
down that ‘in order to ensure prompt and effective action by the UN, its member confer on
the Security Council primary responsibility for the maintenance of international peace and
security………….’ The members have also agreed that the Council shall act on their behalf
in carrying out their duties under this responsibility. Article 25 clearly lays down therefore
that ‘the Members of the UN agree to accept and carry out the decisions of the Security
Council in accordance with the present Charter’. Thus, the effect of the decision of the
Council is different from that of the General Assembly. While the decisions of the former are
binding upon the members, it is not so with the recommendations of the Assembly.
The Security Council is empowered to maintain international peace and security but
the powers of the Council in this regard are not absolute. It has to exercise this power with
certain limitations. Firstly, Article 24, Para 2 of the Charter lays down that the Council is
required to maintain international peace and security in accordance with the purposes and
principles of the United Nations as laid down under Articles 1 and 2 of the Charter
respectively. Thus, the powers of the council to maintain international peace and security are
strictly regulated and governed by those fundamental principles which have acquired the
status of jus cogens. Secondly, the Security Council while maintaining international peace
and security is required not to violate general international law unless the Charter allows it to
do so. The Council being an organ of the UN which is subject of international law, is under a
duty to comply the general principles of international law like other subjects. If the Council
uses the armed forces against a state for the maintenance of international peace and security it
has a duty to comply international humanitarian law in armed conflicts. Further, it has a duty
to respect at least those human rights which no derogation is permitted even in time of
emergency or armed conflicts.
The Council performs the functions relation to maintenance of international peace and
security in two ways. i.e., by peaceful means and by taking enforcement actions.

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BY PEACEFUL MEANS

Chapter VI of the Charter provides the various modes by which the Council settles
the disputes which are likely to endanger international peace and security. The council comes
to know about a dispute which is deemed to have threatened international peace and security,
firstly, when any member of the UN, whether a party to a dispute or not, brings any dispute
before it under Article 35, Para 1, or secondly, when a non-member of the UN brings any
dispute under Article 35, Para2; thirdly, when all the disputant parties refer a dispute under
Article 38; fourthly, when one of the disputant states refer a dispute under Article 37, Para1;
fifthly, when the General Assembly calls the attention of Security Council under Article 11,
Para 3 to situations which are likely to endanger international peace and security; and, sixthly
when the Secretary General of the UN under Article 99 of the Charter brings to the attention
of the council any matter which in his opinion may threaten the maintenance of international
peace and security. Once a dispute has been brought before the council by any of the above
modes, it considers the nature of the dispute, i.e., whether the dispute is likely to endanger
international peace and security. It is significant to note that Chapter VI confers no power on
the Council to deal any dispute not endangering international peace and security except for
the purpose of determining whether it does or not. Whether a dispute is likely to endanger
international peace and security or not is a subjective question and also a non-procedural
matter, and therefore its determination is subject to the veto right. Unless this barrier is
passed, the Council can only discuss whether a dispute can be discussed and dealt by it or
not. If it determines that a dispute might endanger international peace and security, it may
take the following measures to settle the dispute:-
(i) To call upon the parties to settle the dispute peacefully.
(ii) Investigation of the Dispute.
(iii) Recommendations for the ‘Appropriate Procedures’ of Methods
of Adjustment.
(iv)Recommendation for the Terms of Settlement.

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BY TAKING ENFORCEMENT ACTION

Once the council has determined that there is a threat to peace or breach of the peace or an act
of aggression has been committed, it is empowered to take enforcement action under Chapter
VII of the Charter which was recognized by the delegates to the San Francisco conference as
"the teeth of the UN". In such cases, the Council performs two important functions.
It determines the existence of threat to the peace, breach of the peace or an act of aggression
under Article 39. Although the Council has the legal obligation to determine the existence of
any threat to the peace, breach of the peace or an act of aggression, it was a difficult task to
perform in view of the fact that the Charter has not defined a 'threat to the peace', 'breach of
the peace' or 'act of aggression'. The question as to what constitutes threat to the peace or
breach of the peace is determined or decided by the Council in each individual case. In the
past, the threat to the peace or breach of the peace where the situation in fact demanded it to
decide, and on the other hand, it in fact has decided that there existed threat to the peace or
breach of the peace where international peace and security was not at all at stake. After the
end of the cold war Big Powers have tried to take action against a State by broadening the
definition of the phrase "threat to peace" to encompass situations that the authors of the UN
Charter never dreamt of. Thus, famines, civil war, coups, the proliferation of weapons
destruction, the failure of a State to surrender its citizens for trial in another have all become
reasons for the UNSC to impose sanctions against sovereign states. Whether an act of
aggression has been committed by a State was a difficult question to decide in the absence of
any guidelines. The council has therefore completed discretion in the matter to declare any
act or series of acts as aggression and to take action accordingly. However, with the
formulation of the' Definition of Aggression' by the General Assembly in 1974, the problem
has been resolved to a great extent.
It is to be noted that the Charter does not provide explicitly that on whose initiative the
Council shall determine the existence of threat to the peace, breach of peace or an act of
aggression. In other words, who shall bring the attention of the Security Council as to
existence of threat to the peace, breach of the peace or an act of aggression is not clear.
However, the matter may be brought before the Council either by the Secretary-General of
the UN under Article 99, or by the General Assembly under Article 11, Para 3 of the Charter.
Further, each member of the council along with the President has a right to determine the
situation under Article 39. Whether there exists any threat to the peace, breach of the peace or

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an act of aggression is a non-procedural matter, and therefore, it is decided by a vote of nine

members including the concurring votes of the permanent members. Thus, the 'big five' has a
right to exercise veto in such decisions.
When the Security Council has determined that the threat to the peace, breach of peace or any
act of aggression exists, it decides as to what measures are to be taken in accordance with
Article 41 and 42, to maintain or restore international peace and security. It is a discretionary
power of the Council which is exercised by a separate vote in which each 'big five' may
prevent action by use of its veto.

(i) Measures Involving Non-Use of Force

Article 41 lays down that the Security Council may call upon the menbers of the UN to take
measures not involving the use armed force, i.e., measures where the armed forces are not
employed. These measures include 'complete or partial interruption of economic relations and
of rail, sea, postal, telegraphic, radio and other means of communication and the severance of
diplomatic relations'.
In order to take measures provided under Article 41, States have made provisions in their
municipal laws. For instance, India in 1947 enacted the United Nations (Security Council)
Act which provided that if Security Council calls upon the Central Government to apply any
measures not involving the use of armed forces, to give effect to any decision of that Council,
the Central Government may, by order published in the Official Gazette, make such
provisions (including provisions having extra-territorial operations) as appear to it necessary
or expedient for enabling those measures to be effectively applied, and without prejudice to
the generality of the foregoing power, provisions may be made for the punishment of persons
offending against the order.
Measures under Article 41 have been applied in many cases in different names such as
economic sanctions, trade sanctions, trade embargo, arms embargo, aerial embargo and
diplomatic sanctions etc. During the cold war period the above measures were applied in two
cases. Firstly, in connection with the situation in South Africa, the Council in 1977, imposed
mandatory arms unilateral declaration of independence, the Council in 1966 imposed
economic sanctions against the White minority regime of that country.
The Security Council has invoked its powers to impose sanctions judiciously.

In December 1966, the council imposed mandatory economic sanctions against the illegal
Smith regime in Southern Rhodesia (now Zimbabwe).

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The council instituted a voluntary arms embargo against South Africa in 1963 on the grounds
that arms supplied to that country were being used to enforce its policy of apartheid. In
November 1977, it imposed a mandatory arms embargo against South Africa. Although the
General Assembly requested the Security Council to consider mandatory economic sanctions
(in 1977) and a mandatory embargo on oil and oil products (in 1979), the council did not act.
(The General Assembly passed a resolution calling for a mandatory oil embargo and
economic sanctions against South Africa at its 44th session in 1989.)

On 6 August 1990, in response to Iraq's invasion of Kuwait, the Security Council, in its
Resolution 661, imposed tight sanctions: a full trade embargo barring all imports from and
exports to Iraq, excepting only medical supplies and humanitarian food aid. The Security
Council further indicated its resolve by passing Resolution 665 on 25 August 1990,
authorizing member states to use force to block shipments of goods to Iraq. Finally, on 25
September, it passed Resolution 670 mandating a complete air transport blockade of Iraq.

In 1991, at the request of the foreign minister of Yugoslavia, the Security Council imposed its
first mandatory arms embargo in Europe in an effort to quell the rising tide of insurrection
between ethnic groups in that country. By 30 May 1992, Yugoslavia had dissolved into four
states: Slovenia, Croatia, Bosnia-Herzegovina, and the Federal Republic of Yugoslavia
(Serbia and Montenegro). At that time, Slovenia, Croatia, and Bosnia-Herzegovina were
admitted to UN membership. The Security Council, in Resolution 757, imposed mandatory
trade sanctions against the Federal Republic of Yugoslavia, excepting only shipments of food
and medicine for humanitarian purposes.

On 31 March 1992, the Security Council adopted an arms and air traffic embargo on Libya
(Resolution 748) in response to requests by France, the United Kingdom, and the United
States. Those countries sought to force Libya to extradite two Libyan nationals indicted in
those countries for the 21 December 1988 bombing of Pan Am Flight 103 over Lockerbie,
Scotland, in which 270 persons died, and the bombing of UTA Flight 772 on 19 September
1989 in Niger, in which 171 persons died. On 11 November 1993, the Security Council voted
to widen those sanctions (Resolution 883) to include freezing Libyan bank accounts, closing
the offices of Libyan Arab Airlines, and prohibiting the supply of materials for construction
and maintenance of airports. The sanctions also banned the supply of pumps, turbines, and
motors used at export terminals and oil refineries.

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On 16 June 1993, the Security Council adopted wide-ranging economic and trade sanctions
(Resolution 841) against the military regime in Haiti which had unseated Haitian president
Jean-Bertrand Aristide in 1991. President Aristide had been elected to office in a UN-
supervised election. The council acted in conjunction with similar sanctions imposed by the
Organization of American States. In brief, the Security Council directed members not to sell
oil, weapons, ammunition, military vehicles, military equipment, and spare parts to Haiti. In
addition, it authorized members to blockade the country to prevent those items from being
delivered to Haiti. It also authorized member countries to freeze Haitian funds. The sanctions
were briefly lifted when negotiations produced the Governors Island agreement of 3 July
1993, in which the military regime agreed to restore President Aristide with the assistance of
a UN peacekeeping mission (called the UN Mission in Haiti or UNMIH). On 11 October
1993 the first deployment of UNMIH was prevented from landing at Port au Prince and the
sanctions were reinstated three days later. On 6 May 1994, the Security Council adopted an
expansion of sanctions (Resolution 917) against Haiti. Multinational forces were peacefully
deployed in Haiti on 19 September 1994, and President Aristide returned shortly thereafter.
On 29 September 1994, the Security Council suspended the sanctions (Resolution 944).

On 30 May 1993, in its Resolution 918, the Security Council imposed an arms embargo on
Rwanda. It imposed the embargo in an effort to protect its UN Assistance Mission for
Rwanda (UNAMIR) and other international humanitarian relief workers, as well as the
civilian population, from the rampant lawlessness and violence that had broken out in
connection with the resumption of that country's civil war between
ethnic Hutu and Tutsi factions. In May 1994, violence broke out between the factions, and
killings were widespread. In July 1994, the Security Council established a commission of
experts to investigate violations of international humanitarian law (Resolution 935), and an
International Tribunal was established on 8 November 1994 (Resolution 955) to prosecute
persons responsible for the genocide.

On 8 October 1997, in its Resolution 1132, the Security Council imposed a petroleum and
arms embargo on Sierra Leone. It did this following the military coup of 25 May 1997 led by
the army in conjunction with the Revolutionary United Front (RUF), to address the violence
and loss of life that surrounded the coup, and to demand the military junta relinquish power,
restore the democratically elected government, and return to constitutional order. In June
1998, the Security Council established the United Nations Observer Mission in Sierra Leone
(UNOMSIL), after the democratically elected president, Alhaji Dr. Ahmed Tejan Kabbah,

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was returned to power in March of that year. Fighting continued, however, and the Security
Council established the United Nations Mission in Sierra Leone (UNAMSIL) on 22 October
1999, a new and larger mission with a maximum of 6000 military personnel. In 2000 and
2001, the numbers of military personnel involved in the mission increased to 11,100 and
17,500 respectively. In order to stop the flow of rough diamonds from Sierra Leone other
than those controlled by the government, the Security Council passed Resolution 1306 on 5
July 2000, extended by Resolution 1385 on 19 December 2001. This action was undertaken
due to the link between the diamond trade and human rights abuses, in particular in the case
of the RUF, which committed killings, amputations, abductions, and torture of civilians.

On 31 March 1998, the Security Council placed an arms embargo on the Federal Republic of
Yugoslavia (Resolution 1160), to resolve the crisis in Kosovo, between Serbian forces and
ethnic Albanian Kosovars. The North Atlantic Treaty Organization (NATO) launched air
strikes against Serbian targets beginning on 24 March 1999, and lasting until 10 June of that
year, to stop the practice of ethnic cleansing of the Albanian Kosovars by the Serbs. On 10
June, the Security Council established an international civil and security presence in Kosovo
(Resolution 1244). In October 2000, Yugoslav President Slobodan Milosevic was voted out
of office. On 10 September 2001, the Security Council terminated the prohibitions preventing
the sale of arms and related material to the Federal Republic of Yugoslavia, by adopting
Resolution 1367.

On 15 October 1999, the Security Council imposed a limited air embargo and funds and
financial assets embargo on the Taliban regime in Afghanistan (Resolution 1267). With
Resolution 1333 passed on 19 December 2000, it placed an air and arms embargo on the
country, placed restricted travel sanctions on it, and froze funds of Osama bin Laden and his
associates in Afghanistan. Following the defeat of the Taliban by the US-led coaltion in
November 2001, the Security Council lifted restrictions imposed upon Ariana Afghan
Airlines (Resolution 1388) on 15 January 2002. And on 16 January (Resolution 1390), the
Security Council modified its sanctions on the Taliban, Al-Qaeda, and Osama bin Laden,
holding that all states should freeze the economic resources of these this individual,
organization, and former regime, prevent their entry into or transit throught their territories,
and prevent the supply, sale, and transfer of arms and related material to them.

In response to the war between Ethiopia and Eritrea that began in 1998 as a border dispute in
the region around Badme claimed by both countries, the Security Council on 17 May 2000

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placed an arms embargo on the two countries, and established a sanctions committee to
address the situation (Resolution 1298). Once there was a cessation of hostilities in June
2000, the Security Council established the UN Mission in Ethiopia and Eritrea (UNMEE),
sending 4,200 military personnel to monitor the ceasefire and assist in ensuring observance of
security commitments.

With Resolution 1343, the Security Council on 7 March 2001 applied an arms embargo on
Liberia, blocked Liberian diamond sales, and restricted international travel by top Liberian
officials, in response to fighting between the Liberian government and armed insurgents,
which began in the remote northern Lofa County in 1998 and intensified during 2000. The
sanctions were applied due to international condemnation of Liberian President Charles
Taylor's trafficking in illicit diamonds from mines in Sierra Leone, for destabilizing
neighboring countries, and for widespread human rights abuses against local populations.
With Resolution 1408 on 6 May 2002, the Security Council extended the sanctions on Liberia
for another 12 months and established a panel of experts to address the situation.

The Security Council's previous reluctance to invoke its ultimate prerogatives is attributable
to two main factors. There is a very strong argument that in most cases punitive measures are
ineffective and may even harm chances for a peaceful settlement. The provisions on the UN
security system make it clear that peace is to be preserved whenever possible without
recourse to force. The second major factor is that, before the end of the cold war, one or two
of the permanent members would take different positions from the other three or four, so that
in most cases the council's sympathies were divided between the opposing parties. Not only
did division between the permanent members preclude punitive measures against one side,
but it also seriously inhibited definitive action of any kind. For example, the initial action of
sending a UN command into Korea was made possible only by the absence of the USSR from
the council at the time (in protest against the council's decision on Chinese representation).
Had the Soviet Union been there, it would presumably have vetoed the necessary resolutions.
An example of the reverse situation is the issue of South Africa's apartheid policies.
Beginning in 1960, the African nations appealed regularly to the Security Council to institute
mandatory economic sanctions against South Africa in the hope of forcing it to terminate the
apartheid system. The former USSR frequently expressed itself in favor of such a move, but
the Western permanent members—in particular, South Africa's major trading partners, the
United Kingdom and the United States—were reluctant to impose economic sanctions.

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In the post-cold war era of collegiality in the Security Council, the Russian Federation and
the United States rarely found themselves on opposite poles of an argument, and imposing
sanctions as a method to force other member states to comply with Security Council
directives was much easier to accomplish.

(ii) Measures Involving Use of Armed Forces

If the Security Council considers that measures provided for in Article 41 are not adequate or
they 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' as provided under Article
42. These may include demonstrations, blockade and other operations by air, sea or land
forces of Members of the UN. The above implies that the UN system of collective
presupposes the conclusion of military agreements supplementary to the Charter. In the
absence of agreements there is no guarantee that the Council will ever be able to apply
military sanction.

SPECIAL AGREEMENTS

Action under Article 42 could be undertaken by the Security Council only in accordance with
special agreements contemplated by Article 43 which provides under Para)1) that all
members of the Un, in order to contribute to the maintenance of international peace and
security, undertake to make available to the Security Council on its call and in accordance
with a special agreement or agreements, armed forces, assistance and facilities, including
right of passage, necessary for the purpose of maintaining international peace and security.
Para 2 of the above Article provides that such agreements shall govern the number and types
of forces, their degree of readiness and general location, and the nature of the facilities and
assistance to be provided. If the Council decides to take action under Article 42 of the
Charter, every member shall make available to the Council, according to Article 42, on its
call and in accordance with special agreements, the armed forces, and the assistance, and
facilities it requires, including the right of passage. Thus how much 'strength' each member
nation provides, where these forces are made available; how ready they are for action and
what other facilities the nations give, are the questions which are to be worked out in special
agreements concluded between the Security Council and each Member or group of Members.
The recommendation of the Security Council made to the member States under Article 42
becomes an obligation for them which none can shrink. Besides being obligatory, the

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application of enforcement measures, in order to be effective, must above all be swift. Thus if
the Security Council decides to take action, no time is given for further deliberation by the
General Assembly. It would have been impossible to conceive of swift and effective action,
had the decision of the Council been submitted to ratification by the Assembly, or had the
measures applied by the Council been susceptible of revision by the Assembly. Thus, the
legal requirements for military action are satisfied once the Council has acted.

However, no such agreement has been entered into as yet. It follows that when the Security
Council decides for taking an enforcement measures, it also determines the part to be played
by each member country. All or only some members may be required to participate, but every
member is to join in mutual assistance.

MILITARY STAFF COMMITTEE

Although the charter contains provisions to equip the Security Council with armed forces in
case of need (the Covenant of the League of Nations contained no such provisions), these
requirements have not been implemented. Under the charter, all UN members "undertake to
make available to the Security Council, on its call and in accordance with a special agreement
or agreements, armed forces, assistance, and facilities, including rights of passage, necessary
for the purpose of maintaining international peace and security." These agreements were to
determine the number and types of military forces to be provided by the nations, their degree
of readiness, their location, and so on, and they were to come into effect only after ratification
by the countries concerned according to their respective constitutional requirements. (With
this provision in mind, the United States Congress in December 1945 passed the "UN
Participation Act," authorizing the president of the United States to negotiate a special
agreement with the Security Council on the detailed provision of United States forces; the
agreement would then require approval by legislative enactment or joint resolution of the
United States Congress.) The troops and weapons would remain part of each country's
national military establishment. They would not become international forces, but they would
be pledged to the UN and, at the request of the Security Council, would be placed at its
disposal.

However, the plan to place armed forces at the disposition of the Security Council required
wide international agreement on a number of steps before it could be put into operation. The
charter provides for the establishment of a Military Staff Committee composed of the chiefs

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of staff (or their representatives) of the five permanent members to advise and assist the
council on all questions relating to its military requirements. The first task that the council
assigned the Military Staff Committee was to recommend the military arrangements to be
negotiated with member states. The committee was never able to reach agreed positions that
could serve as the basis for negotiation and at an early date took on the characteristics of a
vestigial organ.

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CONCLUSION

The maintenance of international peace and security represents the primary purpose behind
the establishment of the United Nations. It reflects the intentions and desires of its founders
who sought to establish an international organization for achieving this end.  It is a
prerequisite to any other purpose of the United Nations.  Without it no friendly relations, no
international cooperation, and no harmonization of nation’s actions could be achieved.

     Because of the importance of international peace and security, the founders of the United
Nations insisted on it and emphasized it in the preamble and the Charter of the
Organization.  They stated all the possible principles, methods and procedures which are to
be followed to attain this end.

     The theme “we are going to create a collective security system, and this time we are going
to make it work,” dominated the entire process of planning and formulating the United
Nations Charter. The Charter provided a system for the pacific settlement or adjustment of
disputes, and the use of collective measures in threat to or breaches of peace and acts of
aggression.

     The first method provided by the system is that of seeking peaceful settlement or
adjustment of disputes and situation by peaceful means listed in the Charter.  The second
method is that of taking collective actions (measures) of a coercive nature for the prevention
and removal of threats to the peace and for the suppression of acts of aggression and other
breaches of the peace.  Through these two methods delineated in Chapter VI entitled “Pacific
Settlement of Disputes” and Chapter VII entitled “Actions with Respect to Threats to the
Peace, Breaches of the Peace, and Acts of Aggression” of the Charter, the United Nations
primarily exercises its role in maintaining international peace and security.

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REFERENCE 

BOOKS:

 Dr. H.O. Agarwal, International Law & Human Rights, 20th Edition, Central
Law Publications
 Dr. S.K.Kapoor, International Law & Human Rights, 19th Edition, Central Law
Agency

WEBSITES:

 http://www.un.org/en/sections/priorities/international-peace-and-security
 http://www.un.org/en/peacekeeping/operations/peace.shtml
 http://www.nationsencyclopedia.com/United-Nations/The-Security-Council-
MAINTAINING-INTERNATIONAL-PEACE-AND-SECURITY.html
 https://sites.google.com/site/walidabdulrahim/home/my-studies-in-english/21-the-
role-of-the-united-nations-in-maintaining-international-peace-and-security

PUBLIC INTERNATIONAL LAW HIDAYATULLAH NATIONAL LAW UNIVERSITY