The United Nations Security Council and the Authorization of Force: Renewing the Council Through Law Reform

Abstract

In 1999, NATO members used force in the Kosovo Crisis without Security Council authorization. In 2003, the United States led a small coalition against Iraq, again, without Security Council authorization. Some commentators have called these "failures" of the Security Council to act. This article argues they are examples of Security Council success. Using force against Serbia and Montenegro in the Kosovo Crisis and against Iraq was inappropriate. The aftermath of force in both cases makes that apparent. The Council's decision not to authorize force in these cases should lead us to conclude that the Council's design remains sound. If we wish to improve the Council, it is not the design that should be changed but the level of Council adherence to the law of the Charter and general international law. Secretary-General Kofi Annan's High-level Panel on Threats, Challenges and Change has endorsed a view largely compatible with the one advocated here. The Panel wants no change in the role of the Security Council as the sole body to authorize the use of force in cases other than self-defense. The Panel does call for stricter adherence by the Council to such general international law principles as proportionality.

Keywords: Balkans, Yugoslavia, UN, United Nations, war, force

JEL Classification: K33