القيود الموضوعية لسلطات مجلس الأمن في ميثاق الأمم المتحدة

(Objectivity Restrictions on the Powers of the United Nations Security Council under the United Nations Charter)

Authors

  • ناصر بن عروس إميثق (Naser Omitig)
  • بدر الدين بن الحاج إبراهيم (Badruddin Bin Hj Ibrahim)

DOI:

https://doi.org/10.31436/attajdid.v27i53.978

Abstract

Abstract

This research deals with the concept of objective restrictions established for the exercise of the Security Council's discretionary powers in maintaining international peace and security, granted to it under Article (39) of the Charter, and the necessity of adhering to the rules of association between the provisions of the Charter of the United Nations, its principles and objectives, in line with international changes; As the Security Council is the guarantor tool for maintaining a balance between lasting peace and activating the international justice system, based on the problem of clarifying the legal description of objective restrictions, and standing on their material nature drawn by the Charter of the United Nations for the Security Council to exercise its competence in order to establish the maintenance of international peace and security, and to embody the principles The basis of the Charter, and its relevance to the practical reality of the work of the Security Council in light of international changes, based on the inductive and analytical approach to the texts of the Charter and the Security Council resolutions in this regard; To know the limits of the function of the Security Council, the requirements of jurisdiction, the mechanism of intervention and the protected interest. The research concluded that the Security Council has a legal obligation when it undertakes the maintenance of international peace and security, in a way that ensures that it does not deviate from the discretionary power granted to it - the decision-making power, the power to take action - according to Article (39) of the Charter; By respecting a number of objective restrictions that assume that Security Council decisions are consistent with the objectives and principles of the Charter of the United Nations, and in accordance with the scope of competence of the Security Council granted to it in accordance with Article (24) of the Charter in its capacity as a representative of the Member States of the United Nations to protect their common interests, in addition to that the Council Security sought to expand the concept of international peace and security; to include new threats and challenges posed by the changes in international life between and within countries; To ensure that it exercises the international legitimacy controls contained in the Charter of the United Nations in the field of measures to maintain international peace and security.

Keywords: United Nations, Security Council, objective limitations, international peace, international security.

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Published

2023-01-31

How to Cite

Naser Omitig, & Badruddin Bin Hj Ibrahim. (2023). القيود الموضوعية لسلطات مجلس الأمن في ميثاق الأمم المتحدة: (Objectivity Restrictions on the Powers of the United Nations Security Council under the United Nations Charter). At-Tajdid - Intellectual Refereed Journal, 27(53), 131–171. https://doi.org/10.31436/attajdid.v27i53.978