Chapter 11 - Collective Self-Defense

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The UN

What was the League of Nations? How well did it work?

What did the world's nations promise in Article 2(4) of the U.N. Charter? How well has that worked?

What is the political history of the UN? How was it regarded by conservatives before the

Gulf War?

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ARTICLE 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain and restore international peace and security.

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ARTICLE 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

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ARTICLE 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

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ARTICLE 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or 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. Such actions may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

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ARTICLE 43

1. All Members of the United Nations, 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 rights of passage, necessary for the purpose of maintaining international peace and security.

2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

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ARTICLE 51

Nothing in the present charter shall impair the inherent right of individual and 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. . . .

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Effect of the Articles

What would an Article 43 agreement create? Why has there never been an Article 43

agreement? How does this constrain UN peace-keeping

actions? How does Article 51 allow collective self-defense

outside of UN control? Why doesn't the UN Charter ban anything but UN-

mediated actions?

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Triggering the UN Provisions

How does the voting work on the Security Council?

How is the membership determined? How does this act as a brake on the UN

Resolutions interfering with US sovereignty? Why does it make the UN ineffective in

superpower proxy wars?

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Executing the UN Charter

When was the United Nations Participation Act passed?

What does the United Nations Participation Act direct the president to do? it directs the President to report any Security

Council enforcement actions to the Congress. It also authorizes the President to implement

any economic sanctions approved by the Security Council.

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Statutory Rules

What is the limitation on presidential action under Article 43?

What is the President allowed to do under Article 42 without consulting with Congress?

What about non-military aid? What if the president sees supporting the UN

forces as important to US national security?

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Funding UN Actions

Can Congress cut off funding for troops loaned to the UN?

Is this any different from other troop actions? What if the UN comes up with money to support

them?

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Korea

Remember materials from the Youngstown case Did the US commit troops before the UN resolution?

Why? Did Truman ask Congress to authorize the use of troops?

Why? Why did Truman argue that supporting South Korea

was essential to preserving the UN? Why didn't the Soviets veto the UN action?

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Police Actions

Are UN actions like Korea and the Gulf War, wars? What is a police action? Does this have any meaning in customary

international law? What about as regards congressional powers? Could Congress also declare war in a UN Action? What would this mean?

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First Gulf War

What made Iraq our ally in the 1980s? What did we think was the real threat? What did Resolution 660 say? Resolution 661? What did Bush I do? Why did he not need congressional permission

for this? What did the UN Participation Act allow?

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War Powers Resolution

Did Bush I comply with the WPR? Was there a joint resolution supporting the buildup? What did the appropriations bills say? What did Resolution 678 provide? What did Bush I say about asking Congress for

permission to invade Kuwait? What did he ask for and why? Did he get the resolution?

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Restrictions on the Bush I's Powers

What did the resolution require before moving on Iraq?

Did Bush I make these findings? In retrospect, did Bush I do what he should have

done to authorize the war?