Sul fondamento giuridico delle risoluzioni del Consiglio di sicurezza che autorizzano l'uso della forza

This article highlights that, by authorizing States under Chapter VII - Article 39 - to use « all necessary means » to implement its resolutions, the Security Council employs a mechanism of mediated implementation (through the action of the Member States) to give effect to its decisions. This is a mechanism on a voluntary basis similar to that already provided for in Article 106, which replaces on a transitional basis the still inapplicable direct implementation mechanism (through the action of the Council itself) provided for in Article 42. When the Council authorizes military operations carried out by Member States, it acts only under Article 39 and actually decides « in [which] manner » the use of force would not be « inconsistent with the Purposes of the United Nations ». Such « non-United Nations operations » are nevertheless « United Nations actions » within the meaning of Article 2, paragraph 5. Even the « United Nations operations » that the Council establishes under Chapter VII find their legal basis on the power under Article 39 to decide measures to maintain or restore international peace and security.