Chapter VII

Chapter VII of the UN Charter gives the UN Security Council the power “to maintain or restore international peace and security” Article 33 of the Charter says the council can interfere whenever the Council “deems necessary”. A “threat to peace”: (1) overthrow a democratically-elected government; (2) conflict among governmental bodies and armed ethnic groups; (3) widespread internal humanitarian violations; (4) substantial outflow of refugees.

In 1991, the Security Council used its Chapter VII powers regarding the Kurds in Iraq stating “repression of the Iraqi civilian population…threaten international peace and security in the region”

Security Council members began suggesting that human rights violations, even without international spillover effects, could prompt Chapter VII action. In Resolution 794 the Security Council unanimously authorized the use of force “to restore peace, stability, and law and order” in Somalia.” Resolution stated  “the magnitude of the human rights tragedy caused by the conflict in Somalia and the obstacles to the distribution of humanitarian assistance, constitutes a threat to international peace and security.”

The Security Council has taken action to combat grave IHL violations in Sierra Leone, Afghanistan, Haiti, Yemen, Liberia, Cambodia, Yugoslavia, Rwanda and Sudan…relying on Chapter VII, once it determined the situations in these countries constituted a “threat to peace” requiring intervention to protect and preserve international stability.

Recognizing the grave violations occurring, then after passing resolutions condemning these violations and calling upon the parties to stop the violence, the Security Council created a Commission of Inquiry. The purpose of the Commission was to conduct missions to verify the violations.

Burma 101 - Passed Legislation