The Nature of the Resolution of the Security Council Concerning a Military Intervention in Libya
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Paolo Picone
Publishing Year 2011 Issue 2011/2 Language Italian
Pages 19 P. 213-231 File size 207 KB
DOI 10.3280/DUDI2011-002001
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The author investigates the nature of Security Council Resolution 1973 (2011) against Libya in the light of the various classes of authorizations to use force, as arising from practice. He contends that, due to their indeterminacy, the authorized operations do not remain under a thorough control by the United Nations, but it can neither be admitted that they are ruled by general international law outside the United Nations. Actually, the alleged humanitarian intervention assumes the form of an external intervention in a civil war. For the purposes of a classification, the author stresses the theoretical weight of the distinction between measures which are adopted by the Council in order to react to a situation of threat to peace or, alternatively, to react to internationally wrongful acts committed by the concerned State. He argues that, due to the full discretion which is left to the intervening States, in the case of Libya the authorization to use force exceptionally enables them to autonomously determine and complement the original mandate, thus acting as ‘delegated’ policemen of the Security Council in order to carry out an international police action.
- Peace Maintenance in Africa Giovanni Cellamare, pp.1 (ISBN:978-3-319-72292-4)
Paolo Picone, Considerazioni sulla natura della risoluzione del Consiglio di sicurezza a favore di un intervento ‘umanitario’ in Libia in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2011, pp 213-231, DOI: 10.3280/DUDI2011-002001