WhatsApp Image 2021-02-26 at 1.39.27 PM

UNSC Arria Formula Meeting – Burning Issues – Free PDF Download

THE UN CHARTER

  • The Charter of the United Nations (also known as the UN Charter) of 1945 is the foundational treaty of the UN.
  • The UN Charter articulated a commitment to uphold human rights of citizens and outlined a broad set of principles relating to achieving “higher standards of living”, addressing “economic, social, health, and related problems”, and “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.

ARTICLE 51 OF THE UN CHARTER

  • Article 51 of the UN Charter provides for the right of countries to engage in self-defence, including collective self-defence, against an armed attack (including cyber-attacks).

ARTICLE 2(4) OF THE UN CHARTER

  •  Article 2(4) of the UN Charter states that “all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

 ARRIA FORMULA MEETING

  •  An “Arria formula” meeting is an informal meeting of members of the United Nations Security Council, which must be convened by a member of the United Nations Security Council (UNSC) in order for the meeting to take place.

  •  India’s Deputy Permanent Representative to the UN Ambassador K Nagaraj Naidu said that nonstate actors (NSAs) such as terrorist groups often attack states from remote locations within other host states.

WHEN IS USE OF FORCE JUSTIFIED?

  • On this, a growing number of states believe that the use of force against a NSA operating in the territory of another host state can be undertaken if the “NSA has repeatedly undertaken armed attacks against the State; the host state is unwilling to address the threat posed by the NSA; the host state is actively supporting and sponsoring the attack by the NSA,” he said.

FOR EXAMPLE…

  •  “Such support to NSAs has ranged from providing and equipping the terrorist groups with training, financing, intelligence and weapons to logistics and recruitment facilitation,” he said.

 FOR EXAMPLE…

  • “Whether it is was the 1993 Mumbai bombings, or the random and indiscriminate firings of 26/11 which witnessed the launch of the phenomenon of lone-wolves or more recently, the cowardly attacks in Pathankot and Pulwama, the world has been witness to the fact that India has repeatedly been targeted by such non-state actors with the active complicity of another host State,” Naidu said.

INDIA WOULD BE COMPELLED TO “USE FORCE”

  • “In other words, a state would be compelled to undertake a preemptive strike when it is confronted by an imminent armed attack from a non-state actor operating in a third state,” he said.
  • “This state of affairs exonerates the affected state from the duty to respect, vis-a-vis the aggressor, the general obligation to refrain from the use of force,” Naidu said.

 RESOLUTION 1368 AND 1373

  • He noted that Security Council resolutions 1368 (2001) and 1373 (2001) have formally endorsed the view that self-defence is available to avert terrorist attacks such as in the case of the 9/11 attacks.

PULWAMA EXAMPLE

  •  On February 26, 2019, less than two weeks after 40 police personnel were killed in Pulwama in Jammu and Kashmir in a terror attack perpetrated by Pakistan-based Jaish-e-Mohammed on February 14, India had conducted a pinpoint and swift airstrike in a pre-dawn operation, described as “non-military” and “preemptive”, against the terror group’s biggest training camp in Pakistan’s Balakot. Then Foreign Secretary Vijay Gokhale had said at the time that “credible intelligence was received that JeM was attempting another suicide terror attack in various parts of the country, and the fidayeen jihadis were being trained for this purpose. In the face of imminent danger, a preemptive strike became absolutely necessary.”

 ARTICLE 51 ALSO SUPPORTS

  • He noted that Article 51 of the UN Charter is not confined to “selfdefence” in response to attacks by states only.
  • “The right of self-defence applies also to attacks by NSAs. In fact, the source of the attack, whether a state or a non-state actor, is irrelevant to the existence of the right of self-defence.”

ARTICLE 2(4) ALSO SUPPORTS

  •  Article 2(4) of the UN Charter requires that states refrain from the use of force, he said the drafting history of Article 51 of the UN Charter and the relevant San Francisco Conference Report of June 1945 that considered Article 2(4) of the UN Charter mentions that “the use of arms in legitimate self-defence remains admitted and unimpaired.”

Latest Burning Issues | Free PDF