THREATS TO THE PEACE:
CHAPTER VII OF THE UN CHARTER
1.
Chapter VII of the Charter sets out the powers of the Security Council to take action with respect to threats to the
peace, breaches of the peace and acts of aggression and the associated procedural requirements. Once the Security Council
has determined under Article 39 the existence of a threat to the
peace, breach of the peace or act of aggression, (a 'Chapter VII
determination') the Council is then empowered to impose economic
sanctions under Articles 41 or even military measures under
Article 42 of the Charter. (There is particular pressure for
sanctions against S Africa and Israel, which we consider neither
productive nor desirable.)
2. When acting under Chapter VII, the Security Council has the
option of proceeding by way of recommendations or taking
'decisions', which (under Article 25 of the Charter) Members of
the UN have agreed in advance to accept and carry out. Such
decisions are therefore binding on all UN Members and (under
Article 103) override other international obligations. The UK
interprets Article 25 as applying only to decisions duly taken
under Articles 41 or 42 after a proper determination under Article 39, but this is a matter of continuing controversy.
(All other UN resolutions, whether of the Security Council, the
General Assembly or other bodies, are recommendatory only.)
3. The crucial point about a Chapter VII determination of a
threat to the peace etc, is that once one has been made, it is
much more difficult for any member of the Council to oppose
proposals for sanctions. It is important that delegations to
any UN body should ensure that language is not adopted in that
body which might tie UK hands in the Security Council or other
bodies. The delegation should therefore refer to the FCO any
language in a resolution or decision, whether in the preamble or
operative paragraphs, which describes any situation as a threat to the peace, a threat to the maintenance of international
security, a danger to international security or similar language
(233 4233).
CONTIDENTIAL
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