CYIL 2015

ČESTMÍR ČEPELKA CYIL 6 ȍ2015Ȏ the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga om nes. 15 All States are then entitled to invoke responsibility for breaches of obligations to the international community as a whole. 16 The legal consequences of such infringement concern only a small number of norms which are then qualified as peremptory. These norms seek to ensure the existence of States and their inhabitants as well as the most basic human values. 2.1 The prohibition of resorting to force Key significance belongs to the prohibition of resorting to force, because it has replaced freedom of action (so-called), which lasted for ages. The leading role belongs to this norm because, thanks to it, further rules juris cogentis also came into existence. The prohibition to have recourse to force is, as well, the single peremptory norm that has a written form of presentation, that in Article 2(4) of the United Nations Charter. 17 And it is this said Charter that specifies legal consequences in case of a breach of the rule in question, namely according to its Chapter VII (Action with respect to threats to the peace, breaches of the peace, and acts of aggression). 18 But the relevant provision concerning necessary armed forces (Art. 43) as well as the stipulation regarding the Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements (Art. 47) have never been implemented. This is owing to the so-called Cold War, which lasted until the dissolution of the Soviet Union (1991). 19 At the end of the above mentioned “cold-war period” there was also the sole occurrence of coercion of an aggressor. This concerns Iraq, because of its invasion of Kuwait (2–4 August 1990). 20 The relevant resolution authorizes Member States to use all necessary means to restore international peace and security in the area. 21 The 15 Which is the Latin equivalent to “towards everyone/all”. 16 This erga omnes relation is a typical feature only for jus cogens . Mostly and normally obligations are owed by States to each other, and each is only individually entitled to invoke a breach as a basis for State responsibility. The bilateralism of international law thus means that international law obligates States reciprocally in their relations inter se. 17 Article 2 (4) – “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.” 18 According to this Chapter the Security Council may even accede to military actions, as follows from the subsequent wording of Article 42: “Should the Security Council consider that measures (not involving the use of armed forces) 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 action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations ” . 19 See also http://en.wikipedia.org/wiki/Dissolution_of_the_Soviet_Union. 20 See S/RES/660 (1990); see also http://en.wikipedia.org/wiki/Invasion_of_Kuwait. 21 See S/RES/678 (1990) of 29 November 1990, para 2.

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