ULUSLARARASI GÜVENLİK

The permanent members of the UN Security Council, namely the United States, Russia, China, France, and the United Kingdom.

The Non-Proliferation Treaty (NPT) came into force in 1970 and on 11 May 1995 the states parties to the treaty have extended the NPT indefinitely. The NPT, which legitimizes the use of nuclear energy for peaceful reasons, bans the non-nuclear-weapon states to acquire a nuclear capacity while bringing an obligation on the part of the nuclear weapon states not to transfer nuclear-weapons technology to third parties.

Article 2/4 of the UN Charter is the main rule that regulates the use of force in international relations. Accordingly, “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 II of the Decision, with regard to the legitimacy of the attack, lays the burden of proof on that state who first resorted to force. In other words, “the first use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression.” However, Article II also demands that the Security Council consider other “relevant circumstances” while debating a specific act and argues that in order for this act to amount to an aggression, either the act or its consequences must be of “sufficient gravity.”

If the threat of an attack in imminent, does this justify the state to use force preemptively? This issue, which in the literature of International Relations is known as “preemptive strike” or “preventive strike,” is still controversial; however, the actual law is in conformity with the approach that the UN Charter should be interpreted rather narrowly.

As it is defined in Article 41, the Council can call for “ the suspension of all or part of the economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication” under the circumstances of an international dispute or conflict. However, according to Article 42 “If the Security Council considers that measures provided by Article 41 would be inadequate or have proved to be inadequate, it may take what steps are seen as necessary by air, sea, or land forces in order to maintain or restore international peace and security. Such actions may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations. Therefore, according to Article 42, the Security Council can authorize the use of armed force in the international system.

The UN Operation in Congo (UNOC): started on July 14, 1960 with the Security Council Resolution 143 and continued until June 1964.

The Treaty of Guarantee was signed on August 16, 1960 among Turkey, Greece, and the United Kingdom. According to Article II of the Treaty “Greece, the United Kingdom and Turkey, undertake to prohibit, as far as lies within their power, all activity having the object of promoting directly or indirectly either the union of the Republic of Cyprus with any other State or partition of the Island.”

International terrorism is the threat of violence or the use of violence to create fear in a target group toward achieving certain political objectives. Therefore, an act of terror involves some sort of violence, has political objectives, and targets a certain group (Beck and Arend, 1993-1994: 162).

The Security Council passed Resolution 1540 where it adopted that “all States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery.”The Council has also established a separate committee, the 1540 Committee, for monitoring the subject matter.

The legal key term in the wording of Article 2/7 is the domestic jurisdiction of states. This is so because which actions and issues fall under the legal and political domain of state and when the state can exclusively take decisions on these actions and issues have always been controversial. Therefore, many decisions that states take on issues related to use of force, self-defense, aggression, and political independence face opposition at international platforms. Therefore, the correct option is A.

The right of self-defense is enshrined in Article 51 of the UN Charter. Article 51 provides that “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.” Therefore, the correct option is C.

Based on these two articles, the General Assembly lists several specific acts in Article III of the Resolution and decides that any of these acts “shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression.” These acts include (UN General Assembly, 1974):

• “The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof,

• Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;

• The blockade of the ports or coasts of a State by the armed forces of another State;

• An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

• The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

• The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

• The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.”

• “The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof,

• Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;

• The blockade of the ports or coasts of a State by the armed forces of another State;

• An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

• The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

• The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

• The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.”

Therefore, the correct option is B.

the critical legal question here is, whether a state when it has reasonable doubt and adequate information that another state’s attack against itself is imminent can first act and use its right of self-defense. In other words, if the threat of an attack in imminent, does this justify the state to use force preemptively? This issue, which in the literature of International Relations is known as “preemptive strike” or “preventive strike,” is still controversial (Bellier, 2006); however, the actual law (with the exception of recent grave situations such as terrorism) is in conformity with the approach that the UN Charter should be interpreted rather narrowly. Therefore, the correct option is B.

Chapter VI of the UN Charter empowers the Security Council on the issue of “peaceful resolution of disputes” among states and defines various political and judicial solutions. Whereas these measures would be inadequate, Chapter VII of the UN Charter gives the authorization to the Security Council to take precautions of the implementation of necessary sanctions and coercive measures, including the use of force. Therefore, the correct option is D.

From 1948 onwards the UN has established seventy-one peacekeeping missions in various geographies to address many different problems. Therefore, the correct option is C.

There are on some philosophical and political underpinnings or reasons such as humanitarian intervention, protecting state citizens, and terrorism that would help legitimize the instances of use of force in international relations. These reasons for resorting to force may be classified as “beyond the UN Charter paradigm” because the UN Charter does not cover or directly address them. Therefore, the correct option is D.

Another issue that has become prominent especially with the attacks on the Twin Towers and the Pentagon building in the US on September 11, 2001 and that has provided the target states with the legitimacy for resorting to force beyond the UN Charter paradigm is the fight against international terrorism. Therefore, the correct option is A.

the Security Council, through its Resolution 1373, adopted some measures to combat the financing of terrorism and established the Counter-Terrorism Committee in an attempt to coordinate the member states’ activities against terrorism. Therefore, the correct option is E.

The Council condemned all international terrorist actions carried out after 2001, including the attacks in Istanbul in 2003. Moreover, the Council passed Resolution 1386 that authorized the establishment of an international force toward preventing further terror acts in Afghanistan. More specifically, through this resolution the Council established the International Security Assistance Force (ISAF) that would assist “the Afghan Interim Authority in the maintenance of security in Kabul and its surrounding areas, so that the Afghan Interim Authority as well as the personnel of the United Nations can operate in a secure environment.” Therefore, the correct option is A.