الرافدین للحقوق (Sep 2013)

Modern justifications for the use of force in the context of the collective security system

  • Mohammed Younis Yahya Al - Sayegh,
  • Iyad Yunus Muhammad Alsakaly

DOI
https://doi.org/10.33899/alaw.2013.160725
Journal volume & issue
Vol. 18, no. 58
pp. 267 – 324

Abstract

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Due to the vast development occurring in the international relations particularly after the end of World War II and the establishment of UN organization, the fierce rivalry between the eastern and western camps, and the eruption of what is called 'the cold war' between these camps, the bipolarity system has predominated over the international system then. However, this war has ended up with the collapse of the former USSR and its break up into republics of White Russia and the preeminence of the western camp headed by USA in the international field. Consequently, this has led to the predomination of the concept unipolarity system over the contemporary world system, In addition to the predomination of USA over the UN Security Council and the issuing of decisions in line with its basic national interests, a case which is considered an instrument to intervene in whatever country it likes under many recent pretexts never witnessed by the international law, such as the intervention by use of force in countries for humanitarian considerations and the intervention for establishing or reinstating democracy. All this can done within the framework of UN Charter based collective security system, a case which has not been agreed upon by the international jurists and has been condemned by the international community, since it is a use of force under these pretexts and under the collective security system, and since it largely lacks the international legal legitimacy and the public international consent, a case which has never happened in such interventions by the use of force under these pretexts and unfamiliar justifications occurring in the international system which are not in harmony with the contemporary public international law provisions. .

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