Is the Authorization Authorized? Powers and Practice of the UN Security Council to Authorize the Use of Force by `Coalitions of the Able and Willing'

Niels Blokker^*

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Abstract

This article examines the question whether it is within the Security Council's powers to adopt resolutions which authorize Member States to use force. This question has gained importance since the end of the Cold War as such authorization resolutions have become the primary instrument through which the Security Council has acted in situations where the use of military force is considered necessary. The provisional conclusion is drawn that it is an implied power of the Council to adopt such resolutions. However, it is also argued that both the Charter system and principles of delegation reject carte blanche delegations and favour authorizations which respect the authority and responsibility of the Security Council in the United Nations collective security system. Before reaching final conclusions, the author examines the views of the Member States and the practice of the Security Council. Member States find the model of authorization resolutions as such generally acceptable, although some states have expressed a concern for greater UN control. In its practice, the Council has to a considerable extent responded to this concern. Three specific aspects are discussed: the mandate and the duration of authorized operations, and reporting requirements. There is a clear tendency towards greater control by the Security Council in relation to all three of these aspects.

^* Foreign Ministry, The Netherlands; Senior Lecturer in the Law of International Organizations, Leiden University. The views expressed in this article are the author's own views. The author wishes to thank the following persons for their comments on earlier drafts of this article: J.I. Charney, T. Heukels, R. Higgins, P.H. Kooijmans, R.A. Lawson, Z. Racsmány, D. Raiè, W.M. Reisman, N.J. Schrijver, O. Swaak-Goldman and R. Zaagman, as well as participants in the second LURIO (Leiden Utrecht Recht der Internationale Organisaties) meeting.

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