ULUSLARARASI GÜVENLİK

The P5 states are the permanent members of the UN Security Council which are namely the United States, Russia, China, France, and the United Kingdom. The answer is A.

The Covenant of the League of Nations defined a collective-security system. Article 10 of the Covenant states as follows: “The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.” According to this system, which can be considered as a system of “one for all, all for one,” when one member of the League is attacked, all the other members would automatically come to the help of this victimized member. The answer is C.

In principle, the UN Charter has outlawed initiating a war of aggression. In other words, it is against the UN-Charter principles for any state to wage an aggressive war. However, the UN does not outlaw the use of defensive force. We cannot too much stress the importance of this rule of the UN Charter; that is, the use of defensive force or waging a defensive war has not been outlawed by the UN. Therefore, it is one of the critical questions of international law today that under which circumstances the use of force by states can be considered as defensive rather than offensive. The answer is B.

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.” This rule, then, bans a member state from using force and from threatening other states to use force in such a manner that it would be: a) against the territorial integrity of member states; b) against the political independence of member states; and c) inconsistent with the aims of the UN Charter. The answer is A.

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 The answer is D.

Chapter VI of the UN Charter is related to the Security Council’s authority with regard to pacific settlement of disputes, whereas Chapter VII is about the coercive measures, including the use of force in case of an attack against a member state. Nevertheless, there is no legal arrangement for “peacekeeping” in the UN Charter. In fact, the concept of, and the mission of, peacekeeping is something invented by the then UN SecretaryGeneral Dag Hammarskjöld, because the Security Council had become paralyzed and perplexed due to the Cold War and especially to the conflictual relations between the two superpowers that made it impossible for the UN to implement the clauses of Chapter VII. The answer is C.

Upon the Suez crisis, the General Assembly decided to initiate a peacekeeping mission, the UN Emergency Force (UNEF-I), in November
1956. The answer is A.

Recently the missions in Somali, Sierra Leone, Timor-Leste, Bosnia, Afghanistan, Darfur, and Lebanon have been cited as examples of humanitarian intervention. However, a typical example is the intervention by NATO forces in the Kosovo crisis in 1999 and the bombing of Serbia without the blessing of the UN Security Council. The answer is E.

The Non-Aligned Movement (NAM): NAM is an international organization with 120 member states. During the Cold War, a majority of developing countries in Asia and Africa came together to follow a route outside of the one already laid by the USA and the USSR. The Bandung Conference held in 1995(the AsianAfrican Conference) is a fundamental concept for this group. Objectives of the Non-Aligned Movement are: creating an independent way in world politics which is separate from the USA and the USSR, refusing to join a military
agreement with the great powers and to participate in a military alliance (www.nti.org). The answer is B.

Besides the Security Council’s initiatives, the General Assembly adopted the Global Counter-Terrorism Strategy in 2006 and prepared a comprehensive “Plan of Action.” Through the adoption of the Global CounterTerrorism Strategy, all UN members have agreed to “a common strategic and operational approach to fight terrorism, not only sending a clear message that terrorism is unacceptable in all its forms and manifestation but also resolving to take practical steps individually and collectively to prevent and combat it”. The answer is D.

Besides, although the P5 states (the permanent members of the UN Security Council), namely the United States, Russia, China, France, and the United Kingdom, are in possession of nuclear weapons, there is already consensus reached by the international society on the non-proliferation of such weapons. In fact, not only that the Non-Proliferation Treaty (NPT) came into force in 1970 but also that on 11 May 1995 the states parties to the treaty have extended the NPT indefinitely. Therefore, the correct option is A.

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. Therefore, the correct option is D.

The UN Charter, different from the League Covenant, establishes a strong Security Council, where the Permanent 5 members (namely the US, China, the United Kingdom, France, and Russia) have had the veto power and acted somehow as arbitrators in the system. Besides the right of self-defense defined by the Charter, generally these veto states (the P5) decide when (and under which circumstances) the use of force in the system may be considered as legitimate as well as when the very UN members can resort to military force. Therefore, the correct option is C.

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.” This rule, then, bans a member state from using force and from threatening other states to use force in such a manner that it would be: a) against the territorial integrity of member states; b) against the political independence of member states; and c) inconsistent with the aims of the UN Charter. Therefore, the correct option is B.

Article 2/7 has been one of the most controversial articles of the UN Charter. It is the embodiment of power struggle among the member states on those issues that are stipulated in Article 2/4, Article 51, and Chapter VII of the Charter. According to Article 2/7, “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.”

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 E.

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. Therefore, the correct option is A.

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.”•

Therefore, the correct option is C.

Chapter VI of the UN Charter is related to the Security Council’s authority with regard to pacific settlement of disputes, whereas Chapter VII is about the coercive measures, including the use of force in case of an attack against a member state. Nevertheless, there is no legal arrangement for “peacekeeping” in the UN Charter. In fact, the concept of, and the mission of, peacekeeping is something invented by the then UN SecretaryGeneral Dag Hammarskjöld, because the Security Council had become paralyzed and perplexed due to the Cold War and especially to the conflictual relations between the two superpowers that made it impossible for the UN to implement the clauses of Chapter VII. Therefore, the correct option is A.

From 1948 onwards the UN has established seventy-one peacekeeping missions in various geographies to address many different problems (UN, 2018a). Out of these seventy-one missions, the following fourteen peacekeeping missions are still underway:
• United Nations Mission for Justice Support in Haiti (MINUJUSTH)
• United Nations Mission for the Referendum in Western Sahara (MINURSO)
• United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA)
• United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA)
• United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO)
• African Union - United Nations Hybrid Operation in Darfur (UNAMID)
• United Nations Disengagement Observer Force (UNDOF)
• United Nations Peacekeeping Force in Cyprus (UNFICYP)
• United Nations Interim Force in Lebanon (UNIFIL)
• United Nations Interim Security Force for Abyei (UNISFA)
• United Nations Interim Administration Mission in Kosovo (UNMIK)
• United Nations Mission in the Republic of South Sudan (UNMISS)
• United Nations Military Observer Group in India and Pakistan (UNGOMIP)
• United Nations Truce Supervision Organization (UNTSO). 

Therefore, the correct option is C.

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.