Поддержание международного мира и безопасности: от формального к «реальному» Уставу ООН

Российский юридический журнал. 2025. № 3(162). С. 50–63.

Rusinova V.

The article seeks to ascertain the legal ramifications of the practice of the collective security system, as developed over the 80 years since the adoption of the UN Charter. This is achieved by analyzing the system’s alignment with the framework of interpretation of the Charter and potential of this practice to serve as a basis for crystallization of new customary norms of international law. In order to reach this end, the practice or initiatives are examined in five areas in which it diverges from the «letter» of the UN Charter. Firstly, institutionalized model of collective security, under the Chapter VII, involving the use of UN-led armed forces, has never been implemented. In practice, however, another approach has evolved, predicated on the authorization of states and regional international organizations to use force. Secondly, the division of labor between the Security Council and the General Assembly with regard to the maintenance of international peace and security has undergone modification, with the powers of the General Assembly being expanded to a certain extent. Thirdly, Chapter VI of the UN Charter, which does not explicitly authorize the use of coercive measures involving the use of force, has been used as a legal basis for the establishment of «peacekeeping operations». These have come to be figuratively referred to as «Chapter VI and a half operations». Fourthly, the authority of regional organizations to conduct operations involving the use of force without the consent of the UN Security Council is inconsistent with the UN Charter. Fifthly, various initiatives have been articulated to limit the veto power of the permanent members of the Security Council.

Keywords: коллективная безопасность, Устав ООН, применение силы, Security Council, Совет Безопасности, use of force, операции по поддержанию мира, UN Charter, Collective security, Генеральная Ассамблея, General Assembly, peacekeeping operations