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  • Writer's pictureRalph Goodwin

Securing Nation State Defences

Updated: Feb 28

Published By : Goodwin-RC : CEO +1News Central

FEB 28TH, 2024

Respectfully Addressed To

UN Secretary General, His Excellency, Antonio Guterres, Esq

For Presentation To The Consideration Of The UN General Assembly, Forthwith

Regarding

THE MIDDLE EAST ETHNIC CONFRONTATIONS ACCELERATED THROUGH THE CESSATION OF TWO WORLD WARS; WHEREIN, IN 1922, THE 600-YEAR OLD OTTOMAN EMPIRE CEASED TO EXIST : 1922:  The League of Nations grants mandate over former Ottoman territory Palestine to UK. Provisions include terms of the Balfour Declaration, including a “Jewish national home”.

Archives : The Great Arab Revolt With The Ottoman Of 1916 : Countenanced Via France And British Counsel. Note : The Young Turk Coup Of 1908 (Following the Young Turk coup of 1908, the Ottomans abandoned their pluralistic and pan-Islamic policies, instead pursuing a policy of secular Turkish nationalism. The formerly cosmopolitan and tolerant Ottoman Empire began overtly discriminating against its non-Turkish inhabitants. Arabs in particular were faced with political, cultural and linguistic persecution. During this time, Arab nationalist groups in Syria, Iraq and Arabia began to rally behind the Hashemite banner of Abdullah and Faisal, sons of Sharif Hussein bin Ali, King of the Arabs.)

When A State Nation Is Recognized By Other Nation States There Occurs The Definition Of The Borders' Territories. And, Therein, There Is A Mutual Presumption By All Actors That The Terms Of Chapter VII Of The UN Charter Shall Apply.

This Chapter VII States "

"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 or restore international peace and security.

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.

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.

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 action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

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.

  3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.

Article 45

In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47

  1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

  2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.

  3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.

  4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48

  1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

  2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence 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. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security."

A General Introductory Comment

However, the application of this right in the context of an occupied territory can be complex. According to a legal analysis, if an occupied territory’s occupation is a direct result of an unlawful armed attack, it does not fall under the umbrella of ‘territorial disputes’ contained in the United Nations General Assembly Resolution 2625 (UNGA Res. 2625). In such cases, the occupied state may legally exercise its right to unilateral and/or collective self-defense against the occupying powers under Article 51 of the UN Charter in order to recover its territory2.

This is based on the argument that occupations resulting from unlawful armed attacks are distinct disputes that do not fall under the prohibition contained in the UNGA 2625. The occupied state may therefore legally exercise its right to unilateral and/or collective self-defense against the occupying powers under Article 51 of the UN Charter to recover its territory2.

Please note that this is a complex area of international law and different interpretations may exist. It’s always recommended to consult with a legal expert for a comprehensive understanding."

Regards

Per

SQYX - CEO (+1NC) 12507091809

Published By : Goodwin-RC : CEO +1News Central

FEB 28TH 2024


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