The jurisdiction”. The Council has authorized an individual state

The United Nations, as an organization created by equal
sovereign states and built upon a single set of principles as the UN Charter,
has the capacity and responsibility to deal with matters in the sphere of
international peace and security. The Cold War put an obstacle in the way of
the Organization to use its delegated powers in conflict resolution within the
few years of its establishment. As a result, and because of the necessity to
deal with international conflicts, the institution of peace-keeping emerged with
the aim of deploying forces not to end the aggression, breach of or threat to
the peace, but for supervision of cease-fires or providing an interposition
force between the belligerents, characterized by impartiality and a limited
military capability.

The demise of the Cold War offered the opportunity to the Organization,
especially to the Security Council, to use its powers to implement law and
order among nations. In the post-Cold War era, the Security Council extended
its interpretation of the notion of “threat to the peace” and
restricted the principle of “domestic jurisdiction”. The Council has authorized
an individual state or a group of states to use force for humanitarian purposes
and human rights concerns. To study the role of the United Nations in the field
of international peace and security, and to investigate its developments,
legality of actions, successes and failures, it is necessary to gain a clear
understanding of what was originally intended by the founders of the Organization.
This thesis examines initially the provisions of the Charter on the role of the
UN organs in maintaining and restoring international peace and security with
reference to the discussions at the San Francisco Conference.

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Since the institution of peace-keeping was not envisaged in
the Charter, an investigation is carried out on its constitutional and legal
basis, referring to the advisory opinion of the International Court of Justice
and Chapters VI and VII of the Charter.

A distinction is drawn between peace-keeping, observation
and humanitarian operations and the cases dealt with by the UN are
distinguished accordingly. The facts of the disputes are briefly described and
the constitutional basis of the operations are analyzed, followed by an
assessment of their effectiveness. It is stressed that peacekeeping forces
should be given achievable mandates, the period of their presence should be
kept to a minimum, and peaceful efforts to settle the disputes should accompany
peace-keeping. In humanitarian crises, a balanced humanitarian, political and
peace-keeping presence by the UN should be more successful than a dominant military
intervention.

Two conflicts in the Persian Gulf, the Iraq-Iran war of 1980
and the Kuwait crisis of 1990, are considered separately as the two extremes of
the Council’s approach toward aggression that represent the spectrum of
measures taken by the UN in restoring international peace and security. The
background of the disputes and the position of the parties are examined, and
the constitutional basis of the UN operations is analyzed. In the case of
Kuwait, a discussion is made on the legal basis of UN economic sanctions and
the authorization of the enforcement action against Iraq, which has
necessitated a comparative study of the cases of Korea and Haiti. The legality
of the intervention by the UN and individual states on humanitarian grounds is
finally investigated that includes the establishment of no-fly zones in Iraq.