Principles of international security law. Abstract: International security law The branch principles of international security law include

Prevention and response to emergency situations, as well as ensuring safety in emergency situations international level, is an integral element of the support system international security.

The international security system must be based on international norms and principles, subject to their observance by all subjects of international cooperation. However, international security is currently under threat, so the situation in the world can be assessed as unstable. International conflicts negatively affect security in the world, and cause or may cause emergency situations, which sometimes reach catastrophic proportions.

The UN report notes that in 2014 total number displaced people in Syria will reach 6.5 million (at the end of 2013 their number is estimated at 4.25 million). According to the Russian Ministry of Emergency Situations, as of July 2014, the number of refugees from Ukraine to Russian territory amounted to more than 21 thousand people.

In conditions of international security, each state has best conditions to improve the material standard of living of people, free development of the individual, ensuring the rights and freedoms of man and citizen.

International standards governing international security form a relevant industry - international security law, which is a branch of international law, including a set of principles and norms governing the relations of states to ensure international security.

The basis of international security law is generally recognized international principles, including: non-use of force or threat of force, territorial integrity of states, inviolability state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states. See, for example, the UN Charter, Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the 1970 UN Charter.

There are also special principles:

The principle of indivisibility of international security. Really, modern development society, infrastructure, economy presupposes a close relationship between all states in the world. Experience shows that any emergency situation in one part of the world can cause negative consequences in another part of the world. Armed conflicts, accidents and disasters cause crisis situations not only in the countries in which they occur. The interests of other states, sometimes dozens or even hundreds of countries, are often affected. Therefore, all states must set themselves the task of improving and developing the system of ensuring international security, and not just the security of their region.

The principle of no harm to safety other states involves each state conducting such foreign policy, which takes into account to the maximum extent the security of not only its state, but also the entire world community.

The principle of equal and equal security means that a state must ensure its security, commensurate with the capabilities of ensuring the security of other states.

There are two types of international security: universal and regional. Both types of international security relate to collective security, that is, they can only be ensured by the collective efforts of all or most states of the world or region.

Universal Security created as a whole for our planet. It is based on a system of international agreements (treaties) aimed at ensuring international security for all states.

A universal system for ensuring international security has been formed within the framework of the United Nations (UN). Its main body for ensuring international security is the UN Security Council (UN Security Council). In accordance with the UN Charter, the UN Security Council has the right to determine whether there is a threat of aggression in the world, whether it is actually being carried out, and what measures need to be taken in order to maintain peace and fully ensure international security.

The UN Security Council is a permanent body and has the right to apply a set of measures to the aggressor, including the use of armed force, in order not only to stop aggression, but also to create conditions to prevent it in the future. However, these measures can be applied only with the unity of all states - permanent members of the UN Security Council.

Regional international security- this is security in a separate region. For example, the collective security system in Europe is based on the functioning mechanism of a number of systems, including the Organization for Security and Cooperation in Europe (OSCE). Collective European security within the OSCE began to take shape in 1975, when 33 European states, as well as the USA and Canada on top level signed Final Act Conference on Security and Cooperation in Europe (CSCE). Currently, the OSCE includes 57 states from Europe, Central Asia and North America. Russia is a member of the OSCE. and the North Atlantic Treaty Organization (NATO)http://www.nato.int.

Within the framework of the OSCE, summits and meetings at the level of foreign ministers were held. Their result was the adoption large number documents, including in the field of ensuring collective security. For example, in In 1999, OSCE member states adopted the Charter European security . It reflects the concept of security of the world community, oriented towards the 21st century. It is based on two principles: collectivity, in which the security of each participating state is inextricably linked with the security of all others, and the principle of the primary responsibility of the UN Security Council for maintaining international peace.

The OSCE is identified as one of the main organizations for the peaceful settlement of disputes in its region and one of the main instruments in the field of early warning and conflict prevention.

In 2014, the OSCE was actively involved in resolving the crisis in Ukraine.

Collective European security is also ensured within the framework of NATO, which has powerful armed forces. These forces can be brought into action in the event of a threat to the security of NATO member states. NATO currently includes 28 member states. However, NATO is trying to expand its borders. or, as practice shows, the emergence of unstable regions in Europe.

Russia does not welcome NATO expansion. However, Russia cooperates with NATO on its most important security issues. To this end, a corresponding agreement was signed between Russia and NATO in May 2002, after which the first meeting of the new Russia-NATO interaction and cooperation body was held in Rome. Since the creation of the NATO-Russia Council, these subjects of international relations have worked together on various issues, from counter-narcotics and counter-terrorism to submarine salvage and civil emergency planning. Currently, relations between Russia and NATO have become tense. On April 1, 2014, NATO Foreign Ministers condemned Russia's illegal military intervention in Ukraine and Russia's violation of sovereignty and territorial integrity Ukraine. The ministers stressed that NATO does not recognize Russia’s illegal and unlawful attempt to annex Crimea

Of essential importance for ensuring European security is Treaty on the Limitation of Armed Forces in Europe (CFE) 1990. This Treaty must operate in an adapted form, as agreed upon by its participants by signing the corresponding Agreement on the Adaptation of the CFE Treaty in November 1999 in Istanbul. In accordance with the provisions of the adapted CFE Treaty, states located in Central Europe, must not exceed the corresponding weapons parameters stipulated by the Treaty.

One example of the creation of the foundations of regional collective security is the signing on April 25, 2002 Document on confidence- and security-building measures in the Black Sea. In combination with the Agreement on the creation of the Black Sea Naval Operational Cooperation Group "Blackseafor" The main tasks of "Blackseafor": conducting joint search and rescue exercises, mine action and humanitarian operations, protection operations environment, as well as conducting goodwill visits. The Confidence Building Measures Document forms a holistic mechanism for naval cooperation in the region. In particular, it provides for the exchange of various information, including annual plans for naval activities and preliminary notifications of ongoing activities. A number of sections of the Document are devoted to the development of naval cooperation between the Black Sea states. Six Black Sea states were parties to the Document: Russia, Bulgaria, Georgia, Romania, Turkey and Ukraine.

Another example of the formation of a regional collective security system is within the framework of Shanghai organization cooperation (SCO). The SCO members are six states: Kazakhstan, China, Kyrgyzstan, Russia, Tajikistan and Uzbekistan. The SCO is active in the field of ensuring security in the region where the participating states are located.

International security at the regional level is also ensured within the CIS. Currently, eleven states are members of the CIS: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. is an organization of general competence. The organization with special competence to ensure collective security is Collective Security Treaty Organization (CSTO). Currently, six states are members of the CSTO: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan. The goal of the CSTO is to ensure security in the region where the participating states are located. See, for example, the Collective Security Treaty of 1992, the CSTO Charter of October 7, 2002.

In accordance with the Declaration of the CSTO member states, adopted at the June 2006 session of the CSTO Collective Security Council, it is noted that one of the main directions for the development of integration processes within the CSTO is activities in the field of preventing and eliminating the consequences of emergency situations.

In 2007, in order to coordinate the interaction of ministries and departments of the CSTO member states in the field of preventing and eliminating the consequences of emergency situations, the Organization created the Coordination Council for Emergency Situations of the member states of the Collective Security Treaty Organization (CSTO), which included the heads of authorized bodies for emergency situations. A member of the Coordination Council for Emergency Situations of the Collective Security Treaty Organization from Russia is the Minister Russian Federation for civil defense, emergency situations and disaster relief.

The KSChS is entrusted with solving problems related to:

Organization of interaction between authorized bodies in order to prevent and eliminate the consequences of emergency situations;

Development of proposals for the implementation of joint organizational and practical measures aimed at preventing emergency situations and increasing the effectiveness of measures to eliminate their consequences;

Development of the international legal framework for cooperation in the field of prevention and liquidation of consequences of emergency situations;

Preparation of proposals for improving and harmonizing the national legislation of the CSTO member states;

Coordination of preparation and implementation of joint activities to prevent and eliminate the consequences of emergency situations;

Preparation of proposals for the development of draft interstate programs and plans for the prevention and mitigation of the consequences of emergency situations;

Organization of exchange of experience and information, assistance in training and advanced training of personnel;

Participation in methodological, information and analytical support for authorized bodies of the Organization’s member states in the field of prevention and liquidation of consequences of emergency situations.

Based on the Decision of the Collective Security Council, which adopted amendments to the Regulations on the CSTO Emergency Committee, the chairman of the Coordination Council is appointed starting in 2010 for a period of three years. Since December 2010 in Coordination Council The Republic of Belarus presided. In 2013, the chairmanship passed to Kazakhstan for three years. The CSTO Emergency Situations Committee was headed by the Minister of Emergency Situations of the Republic of Kazakhstan, Vladimir Bozhko.

Importance in ensuring international, regional and national security have bilateral agreements between states, for example, between Russia and France. To deepen interaction between the two states on international security issues and in the field of bilateral relations, in accordance with the decision of the presidents of the two countries, the Russian-French Security Cooperation Council was created. The main topics on the Council's agenda are global and regional security issues, the fight against terrorism, and countering the proliferation of weapons of mass destruction (WMD). Within the Council, joint working groups have been formed on the non-proliferation of WMD and on combating new threats and challenges.

Thus, international security occupies an important place in the system of international relations, since on the principles of international security the development and fruitful cooperation of states in all areas of relations, including in the field of prevention and response to emergency situations, is possible.

International security in the field of emergency prevention and response- the state of protection of states, their citizens, material and cultural values ​​from threats of emergency situations that have arisen and may arise.

International security in emergency situations presupposes:

Ensuring the security of states and their citizens in emergency situations;

Emergency prevention;

Elimination of emergency situations;

Protection of people and material objects from emergency situations;

Restoration of territories;

Regulatory legal regulation this area;

Creation of forces and means for preventing and eliminating emergency situations.

Ensuring international security in the field of prevention and response to emergency situations is possible only with the cooperation of states and (or) international organizations.

Such international cooperation is carried out on international norms and principles. Among these principles are the following, which, in particular, regulate relations to ensure safety in emergency situations:

Principle sovereign equality states;

The principle of non-use of force and threat of force;

The principle of the inviolability of state borders;

The principle of territorial integrity (inviolability) of states;

The principle of peaceful resolution of international disputes;

The principle of non-interference in internal affairs;

The principle of indivisibility of international security;

The principle of non-damage to the security of other states;

The principle of equal and equal security, as well as:

The environment is a common concern of humanity;

Freedom to explore and use the environment;

Rational use environment;

Interdependence of environmental protection and human rights. People have the right to live in good health and work productively in harmony with nature;

Prevention of environmental pollution;

State responsibility;

The one who pollutes pays;

Principle of access to information related to the environment, etc.

Prevention and liquidation of emergency situations can be carried out within the framework of one state, or within a certain region or the whole world.

The main way to ensure international security in the field of prevention and response to emergency situations is international cooperation in specified area, which is determined by the characteristics of the main participants in international relations - states. States have sovereignty, which determines the nature of their relationships - mutual cooperation.

Indeed, international cooperation is an essential element of ensuring security for Russia as well. The National Security Strategy of the Russian Federation notes that the development of the world is following the path of globalization of all spheres of international life, which is characterized by high dynamism and interdependence of events. Contradictions between states have intensified. Increased vulnerability of all members international community in the face of new challenges and threats. As a result of the strengthening of new centers of economic growth and political influence, a qualitatively new geopolitical situation is emerging. The inconsistency of the existing global and regional architecture, oriented, especially in the Euro-Atlantic region, only to NATO, as well as the imperfection of legal instruments and mechanisms increasingly pose a threat to ensuring international security, including in emergency situations. Decree of the President of the Russian Federation dated May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020” // Collection of Legislation of the Russian Federation dated May 18, 2009 No. 20 Art. 2444

Attention international politics in the long term will focus on the possession of energy resources, including in the Middle East, on the Barents Sea shelf and in other areas of the Arctic, in the Caspian Sea basin and in Central Asia. The situation in Iraq and Afghanistan, conflicts in the Near and Middle East, in a number of countries in South Asia and Africa, and on the Korean Peninsula will continue to have a negative impact on the international situation in the medium term.

It is noted that in the long term, the Russian Federation will strive to build international relations on the basis of international principles, ensuring reliable and equal security of states. To protect its national interests, Russia, while remaining within the framework of international norms, will pursue a rational and pragmatic foreign policy. Russia considers the UN and the UN Security Council as the central element of a stable system of international relations, which is based on respect, equality and mutually beneficial cooperation of states, based on civilized political instruments for resolving global and regional crisis situations. Russia will increase interaction in such multilateral formats as the G20, RIC (Russia, India and China), BRIC (Brazil, Russia, India and China), as well as use the capabilities of other informal international institutions.

The development of bilateral and multilateral cooperation relations with the CIS member states is a priority area of ​​foreign policy for Russia. Russia will strive to develop the potential for regional and subregional integration and coordination in the space of the CIS member states, primarily within the framework of the Commonwealth of Independent States itself, as well as the CSTO and the Eurasian Economic Community (EurAsEC), which have a stabilizing influence on the general situation in the regions bordering the states - members of the CIS. See also there. P.13

The Russian Federation stands for the comprehensive strengthening of interaction mechanisms with the European Union, including the consistent formation of common spaces in the economic, foreign and internal security, education, science, culture. Formation in the Euro-Atlantic meets Russia’s long-term national interests open system collective security on a certain legal basis.

In order to maintain strategic stability and equal strategic partnership, the Russian Federation will participate in activities carried out under the auspices of the UN and other international organizations to eliminate natural and man-made disasters and emergency situations, as well as in providing humanitarian aid affected countries.

Thus, the National Security Strategy of Russia describes the international economic, political, social and other situation that is currently or may be a threat of large-scale emergencies requiring the participation of the entire world community.

In the State Strategy national policy it is determined that for the development of national, interethnic relations influences such negative factor, having a global or cross-border nature, such as the unifying influence of globalization on local cultures, the unresolved problems of refugees and internally displaced persons, illegal migration, expansion international terrorism and religious extremism, international organized crime. Decree of the President of the Russian Federation of December 19, 2012 No. 1666 “On the Strategy of the State National Policy of the Russian Federation for the period until 2025”

The objectives in the field of international cooperation in the implementation of the state national policy of the Russian Federation are:

Promoting the formation of a positive image of the Russian Federation abroad as a democratic state that guarantees the satisfaction of the ethnocultural needs of citizens on the basis of centuries-old Russian traditions of harmonization of interethnic relations;

Monitoring international events and the activities of international organizations that can affect the state of interethnic relations in the Russian Federation;

Ensuring the protection of the rights and legitimate interests of Russian citizens and compatriots living abroad, on the basis of generally recognized principles and norms of international law, international treaties of the Russian Federation;

Using mechanisms of cross-border cooperation for the purposes of ethnocultural development, socio-economic cooperation, creating conditions for free communication of families of separated nations;

Creation of conditions within the framework of interstate contacts and agreements Russian citizens and compatriots living abroad, to ensure the guaranteed implementation of their humanitarian contacts and freedom of movement;

Using the resource of public diplomacy through the involvement of institutions civil society in solving the problems of international cultural and humanitarian cooperation as a means of establishing intercivilizational dialogue and ensuring mutual understanding between peoples;

Strengthening international cooperation in the field of regulating migration processes, ensuring the rights of labor migrants;

Establishing partnerships within the UN, UNESCO, OSCE, Council of Europe, SCO, CIS and other international organizations. See also there. P.21

These tasks must be implemented in any area of ​​international cooperation, including in the field of prevention and response to emergency situations.

Main body state power in the field of international cooperation in Russia - Ministry of Foreign Affairs (MFA) of the Russian Federation.

The Ministry of Foreign Affairs of the Russian Federation is the lead body in the system of federal executive authorities in the field of relations with foreign states and international organizations and coordinates:

Activities of federal executive authorities, including the Russian Ministry of Emergency Situations, in the field of international relations and international cooperation;

International connections subjects of the Russian Federation;

International activities organizations authorized in accordance with Federal Law the federal law of the Russian Federation dated July 15, 1995 No. 101-FZ “On International Treaties of the Russian Federation” to submit proposals to the President of the Russian Federation or the Government of the Russian Federation on the conclusion, implementation and termination of international treaties of Russia. Decree of the President of the Russian Federation dated November 8, 2011 No. 1478 “On the coordinating role of the Ministry of Foreign Affairs of the Russian Federation in pursuing a single foreign policy line of the Russian Federation” // Collection of legislation of the Russian Federation dated November 14, 2011 No. 46 art. 6477

Ambassadors extraordinary and plenipotentiary of the Russian Federation to foreign states must ensure the implementation of a unified foreign policy line of the Russian Federation in the host states and, for these purposes, coordinate the activities and control over the work of other representative offices of the Russian Federation, representative offices of federal executive authorities, Russian government agencies, organizations, corporations and enterprises, their delegations and groups of specialists, as well as representative offices of the constituent entities of the Russian Federation.

On the territory of the Russian Federation, the main body responsible for preventing and eliminating emergency situations is the Russian Ministry of Emergency Situations.

International security law is a system of principles and norms governing military-political relations subjects of international law in order to prevent the use of military force in international relations, limit and reduce arms.

Like any branch of modern international law, international security law regulates a certain range of international legal relations, among which the following stand out:

a) relations related to the prevention of war and escalation of international tension;

b) relations related to the creation of international security systems;

c) relations on disarmament and arms limitation.

The principles of this branch of international law are all the basic principles of international law, but the branch of international security law also has its own specific principles:

The principle of equality and equal security, which boils down to the need to recognize that international security is guaranteed by a system of equality of national security measures. Any state will consider itself confident in political relations if it knows that national security measures are sufficient to protect the interests of the state. The principle of non-damage to the security of the state, which is that a deliberate act against the security of a state may itself threaten international peace and security.

Among the main sources of international security law, the following acts stand out:

1. UN Charter;

2. Resolutions of the UN General Assembly “On the non-use of force in international relations and the eternal prohibition of the use of nuclear weapons” (1972), “Definition of aggression” (1974);

3. Multilateral and bilateral treaties, which can be divided into 4 groups:

Treaties that limit the nuclear arms race in spatial terms (South Pacific Nuclear Free Zone Treaty);

Treaties limiting the build-up of arms in quantitative and qualitative terms (Treaty on Conventional Armed Forces in Europe, 1982);

Treaties prohibiting production certain types weapons and prescribing their destruction (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction, 1972);

Treaties designed to prevent the accidental (unauthorized) outbreak of war.

4. International acts regional organizations(OSCE, Arab League, UAE, CIS).

Previous

Security enters the industry modern relations between countries. They refer to the norms and principles that govern relationships between states. The goals are simple, understandable and very important for humanity - preventing local military and power conflicts and a repeat of the global world war.

Circle of regulatory relations

International security rights distinguish the following types of relationships:

• Interactions to prevent military and military conflicts. This also includes international mediation to “cool down” the opposing forces.
• Interactions related to creation international systems collective security.
• Relationships by Constraint various types weapons.

Basic principles

The system of international relations as a separate legal system has its own rules:

• The principle of equality. It means that the state, as a subject of international law, has the same rights as other countries. The famous speech of Russian President V.V. Putin at international conference the security meeting in Munich in 2006 is indicative in this regard. That's when the head Russian state publicly stated that this principle is often violated by the United States of America. This country is in unilaterally does not take into account other independent states. It can break all existing agreements and, using force, begin military operations with militarily weaker states. Before this, everyone recognized the violation of the principle of equality, but no one openly declared it. The state itself, as a subject of international law, does not have equal rights with more economically and militarily developed countries. We need tools to implement this principle. Only an effective system of international relations will protect such countries and prevent a tense situation.
• The principle of inadmissibility of causing damage to another state. It comes down to the fact that national and international security is endangered by purposeful destructive actions of a subject of international law. No state may apply military force in relation to another without the consent and approval of the world community.

international security

We will list only the main ones, since there are many of them in the world. Any bilateral agreement between states in this area falls under the concept of “source of international security law.” But the main ones include the following documents:

• UN Charter. It was precisely created after the Second World War with the goal of preventing conflicts and resolving all contradictions through diplomatic (peaceful) means. This also includes the Resolutions of the UN General Assembly. For example, “On the non-use of force in international relations and the prohibition of the use of nuclear weapons” and others.
• International treaties, which are conventionally divided into several groups: those holding the race nuclear weapons and prohibiting their testing in any space; limiting the buildup of any type of weapons; prohibiting the creation and proliferation of certain types of weapons; preventing random wars.
• regional organizations and military-political blocs (OKB, NATO, OSCE, CIS).

Ineffective provision of international security

The results of the failure of collective agreements are military action. Legally they have a definition.

War - interaction independent states, in which forceful (destructive) actions occur between them. At the same time, all diplomatic ties and early agreements are cancelled.

Legal status of the war

It can only happen between independent, that is, generally recognized countries. They must have the status of sovereignty: they must determine the directions of domestic and foreign policy. It follows that fighting against unrecognized, terrorist, as well as other organizations and groups that do not have the status of a separate subject of international law, are not considered war.

Types of conflicts from the point of view of international law

Legally divided into two categories:

• Authorized. That is, legal. This status in modern world given only by the UN Security Council, consisting of representatives of several states. Russia, as the legal successor of the USSR, is a permanent member and can impose a “veto right” on any decision.
• Unlawful. Not approved by the UN Security Council, and therefore illegal from the point of view of global norms from which the collective security system is formed

As a rule, a state that launched an unauthorized war is recognized as an aggressor. Such a country is automatically considered a threat to the entire world community. All diplomatic, economic and other ties with her are terminated. The aggressor state becomes an outcast in world politics. Other subjects of international law cease cooperation with him, so as not to fall under all kinds of sanctions. There have been many similar cases in history. For example, Iraq, having committed aggression against Kuwait. Or Iran, which, by decision of the UN Security Council, refused to allow international nuclear energy specialists onto its territory. Also the DPRK, which since 1950 is still legally at war with South Korea etc. But there were cases when military actions were unauthorized by the UN Security Council, and the aggressor countries had absolutely no negative consequences. On the contrary, they even benefited economically from such actions. These examples relate to the US, which attacked Iraq in violation of UN resolutions. Israel launched a military strike on Libya. This just means that the collective security system is imperfect. There is a policy of double standards in the world, when different subjects of international law had completely opposite consequences for committing the same action. This is precisely what indicates a violation of the principle of equality in the system of collective security, which leads to the escalation of conflicts and conversations from a position of strength.

"Civilizational" warfare

War by its nature is terrible and unacceptable. She is beautiful for someone who has never seen her. But, despite all the cruelty of waging war, humanity agreed to conduct it using “civilizational” methods, if, of course, it is sanctioned mass kill you can call it that. These methods were first adopted at the Hague Convention in 1907. Even then, experts predicted massacres of world wars that would violate all principles of international law.

New rules of war

Under the Hague Convention, there were major legal changes to the method of warfare:

• Mandatory open, diplomatic declaration of war and peace between countries.
• Conducting combat operations only with “authorized” types of weapons. With the development of technology, more and more new products are being banned. Today these are nuclear, hydrogen, bacteriological, chemical weapons, cluster bombs, explosive and off-center bullets and other types of weapons that cause extreme suffering and mass destruction of civilians.
• Introduction of prisoner of war status.
• Protection of parliamentarians, doctors, translators, lawyers and other specialists who should not be subject to the threat of destruction.

International security- this is a world order in which favorable international conditions have been created for the free development of states and other subjects of international law.

International security in a broad sense includes a complex of political, economic, humanitarian, information, environmental and other aspects of security.

International security in the narrow sense includes only its military-political aspects.

International Security Law-branch of international law, which is a system

mu principles and norms governing military-political relations of states in order to ensure peace and international security. The standards of this industry are aimed at ensuring both international and national security.

Sources international security rights are an international treaty, international custom, binding decisions of international organizations, primarily the Security Council of the United Nations.

The basis of international security law is generally accepted principles modern international law, including: non-use of force or threat of force, territorial integrity of states, inviolability of state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states. In addition to the generally recognized principles of international law, the law of international security also has industry guidelines:

The principle of indivisibility of international security means that in the 21st century. peace, as never before, is a week. Planet Earth is a small part of the Universe. The states of our planet are closely interconnected. Any-boy crisis in one part globe, be it natural disasters, armed conflicts or acts of international terrorism, immediately negatively affects other parts of it. States set themselves the task of improving the universal system of international security, the foundations of which are laid by the provisions of the Charter of the United Nations.

The principle of non-damage to the security of other states involves conducting such an external state policy, which takes into account to the maximum extent the security of not only its own state, but also the entire world community. Of course, ensuring the national security of the state is one of its priorities. higher authorities, because we are talking about the safety of society, ensuring and protecting human and civil rights. At the same time, each state, when developing and implementing its foreign policy, implementing military-political and military-technical ties with other states, must take into account as much as possible all aspects of ensuring the security of both its allies and the international community as a whole.

In international security law, it has been based for a long time the principle of equal and equal safety, which in its essence develops and specifies the previous principle - non-infliction damage to the security of other states. This means that the state must ensure its own security, weighing it against the capabilities of ensuring the security of other states. We are talking about a kind of security parity. However, actual practice shows that this principle is applicable only in relations between militarily powerful states, for example, permanent members of the UN Security Council. As for states that cannot be classified as large and powerful, this principle was often not applied to them 45 .

Collective security system within the UN

Universal security is created for planet Earth as a whole. It is based on a system of international treaties aimed at ensuring international security for all subjects of international law.

A universal system for ensuring international security has been formed within the framework of the United Nations. This organization has the right to take preventive measures in the event of a threat to the international community, making joint efforts with interested states for the purpose of peaceful settlement of disputes on the basis of paragraph 3 of Article 2 and Chapter. IV of the UN Charter. The actions of UN Members should be aimed at implementing the principle of prohibition of the use of force or threat of force, paragraph 4 of Article 2 of the Charter. The UN seeks to organize a broad

The events of the last two decades, when the United States used force against Grenada (1983), Nicaragua (1984), Yugoslavia (1999), Iraq (2003), clearly show that not everyone is guided by the principle of equal and equal security. This principle was formed in the era when international arena Two main economic and political systems competed with each other - socialist and capitalist. They were personified by the USSR and the USA, which, by the power of their weapons, by the beginning of the 70s of the 20th century. were many orders of magnitude superior to other states. It was then that these two, as they were called, superpowers in the military sphere achieved strategic parity. Neither could allow the other side to get ahead militarily. And this was a blessing for the whole world, since the threat of a nuclear cataclysm did not allow the USSR and the USA to resort to weapons to clarify disputes between them. This strategic parity allowed the two powers to begin a long-term process of limiting and reducing nuclear weapons and their means of delivery. After the collapse of the USSR in 1991, the United States emerged as a world leader, since it not only did not lose its former power, but also significantly increased it. Naturally, the United States has a desire to take advantage of its enormous economic, financial and military power to arrange the world in an American way. And immediately the existence of the principle of equal and equal security was threatened. This principle came under particularly severe attacks at the turn of the 20th and 21st centuries, when the United States not only took military action against a number of states, but also abandoned the basis for strategic stability. international agreement, as the Anti-Ballistic Missile Treaty of 1972

cooperation of member states in order to resolve international problems by peaceful means and thereby reduce instability in the region (clause 3 of article 1, chapters IV and IX of the UN Charter). The principle of disarmament is intended to solve the same problem (Article 11 of the UN Charter).

Within the UN, the main bodies for ensuring international peace and security are the General Assembly and the Security Council.

It is known that, as a result of the discussion, the Assembly adopted a number of resolutions, including: the definition of aggression in 1974; strengthening international peace, security and international cooperation in all its aspects in 1989, etc.

Besides security measures within the UN may include:

preventive diplomacy– actions aimed at preventing the emergence of disagreements and preventing disputes from escalating into large-scale international conflicts;

peacekeeping- these are comprehensive measures aimed at ensuring that, through negotiations and other international means to resolve the dispute and bring the parties to agreement;

keeping the peace– means the organization and conduct of military operations, both to prevent conflicts and to establish peace. In addition, certain efforts are required on the part of the UN to maintain the situation in the region after the relevant operations have been carried out.

When it is necessary to move from a general political discussion to specific steps to ensure peace, the participation of the UN Security Council is required. The Security Council begins its activities in accordance with Article 39 of the Charter with an assessment of the situation. It determines whether there is a threat to the peace, a breach of the peace or an act of aggression? The UN Security Council is the only body that has the right to take concrete practical steps to correct the situation. For this purpose, the UN Security Council has the right to introduce temporary measures to implement its decisions or resolutions of the UN General Assembly.

In order to reduce confrontation in “hot spots,” the UN has the right, in accordance with Article 40 of the Charter, to use peacekeeping operations. Peacekeeping operations require the fulfillment of a number of conditions: the consent of the governments of the parties to conduct such operations; the presence of a specific UN mandate for those forces involved in this operation; organization of management of the operation by the UN Security Council, etc.

Taking into account current practice, we can conclude that such operations represent a combination of actions by military, police and civilian personnel with the aim of stabilizing the situation in the conflict area, achieving a political settlement of the conflict, maintaining or restoring international peace and security. In UN practice, such two types of operations:

conducting a military observer mission “blue berets” 46 - the use of unarmed military personnel in the conflict zone;

conducting peacekeeping operations “blue helmets” - the use of military contingents with light small arms.

If the actions taken by the international community are not successful, then among the possibilities of the UN there is also Art. 41 and 42 of the Charter, which allows for military operations using military contingents of UN member states. The Military Staff Committee should have taken part in the implementation of Article 42 of the UN Charter, but it was never created during the Cold War, so real leadership is entrusted to one of the UN Deputy Secretary-Generals.

Chapter VII of the UN Charter provides for the creation of coalition forces formed from military contingents of UN member states and used by decision of the Security Council and under its leadership in the implementation of coercive measures to maintain or restore international peace and security. For this purpose, the UN Charter obliges all members of the organization to place at the disposal of the UN Security Council, upon its request and in accordance with a special agreement or agreements, armed forces, police forces and related facilities.

In the mid-80s of the twentieth century, it became clearly clear to politicians that further build-up of weapons does not make sense, undermines the country's economy and depletes state budgets. Gradually, the attitude of states towards this issue began to change, and bilateral treaties and regional agreements began to be concluded. The most important results of this approach were the following agreements: Treaty banning the testing of nuclear weapons in the atmosphere, outer space and under water 1963; Treaty on the Non-Proliferation of Nuclear Weapons 1968; Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Their Subsoils 1971, etc.

Confidence-building measures play an important role in ensuring security - these are individual organizational and technical measures aimed at preventing unauthorized missile launches, notifications of major troop movements, inviting military observers to military exercises, etc., which ultimately should lead to a reduction in military confrontation and the establishment

In 1948, the UN first used UN military observers (Blue Berets) to monitor truce conditions in Palestine.

INTERNATIONAL SECURITY LAW

International Security Law– a set of principles and norms governing the military-political relations of states in order to maintain peace and security, prevent and suppress acts of aggression and armed intervention, ensure international stability and preserve international law and order.

To this end, a number of specific measures have been developed in the practice of international relations: 1) the creation of collective security systems, 2) disarmament and arms limitation, 3) confidence-building measures and international control.

International security law is based on the basic (generally recognized) principles of international law, including special meaning have the principle of non-use of force or threat of force in international relations, the principle of peaceful resolution of international disputes, the principle of the territorial integrity of states, the principle of the inviolability of state borders. The principle of equal and equal security, the principle of indivisibility of international security, the principle of non-damage to the security of other states, and the principle of disarmament can be named as special (sectoral) principles.

The main sources regulating international legal methods and means of ensuring peace are international treaties. These, first of all, include: the UN Charter (Chapters I, VI, VII, VIII), multilateral and bilateral treaties aimed at prohibiting or limiting the use of specific weapons, and arms reduction. The category of sources of international security law can include resolutions of the UN General Assembly, the provisions of which are normative in nature. Among the regional sources of international security law, one can highlight collective security treaties adopted within the framework of regional international organizations (North Atlantic Treaty of 1949, Arab League Treaty on Collective Security of 1955, CIS Treaty on Collective Security of 1992, etc.).

2. Collective security: concept, types. The collective security system provided for by the UN Charter.

Collective Security is a system of joint actions of states established by the UN Charter with the aim of maintaining international peace and security, preventing or suppressing acts of aggression. In international law, there are 2 types of collective security systems: universal and regional.

In the post-war period, a global collective security system (CSS) was created in the form of the UN. The system of collective measures provided for by the UN Charter for the purpose of maintaining international peace and security includes:

Measures to prohibit the threat or use of force in relations between states (Clause 2 of Article 2 of the Charter);

Measures for the peaceful resolution of international disputes (Chapter VI);

Disarmament measures (Articles 11, 26, 47);

Measures for the use of regional security organizations (Chapter VIII);

Compulsory security measures without the use of armed forces (Article 41, Chapter VII), as well as those associated with their use (Article 42).

UNSC carries out two main functions:

1) preventive – aimed at preventing threats to international peace and security;

2) coercive – aimed at restoring international peace and security.

The subjects of the UN collective security mechanism are: UN member states, UN bodies - the General Assembly, the Security Council, Secretary General, as well as regional international organizations by virtue of Chapter VIII of the UN Charter. The competence of each subject is strictly delimited.

Security Council – main body The UN, responsible for maintaining international peace and security. It is the Security Council that carries out both the preventive and punitive functions of the UN collective security system.

The Security Council has the power to investigate any dispute or situation which may give rise to international friction or cause a dispute to determine whether the continuation of that dispute or situation is likely to threaten the maintenance of international peace and security (Article 34 of the UN Charter).

At any stage of a dispute the continuation of which might endanger the maintenance of peace or security, or a situation of a similar nature, the Security Council may recommend to States the appropriate procedure or methods of settlement enumerated in Art. 33 of the Charter. If the parties to a dispute do not resolve it by the means specified in this article, and the Security Council considers that the continuation of the dispute may actually endanger the maintenance of peace and security, it may itself determine the terms of the resolution of the dispute. Council decisions on at this stage wear recommendatory character.

If the dispute has not been resolved using the specified means and measures, or there is already a threat to peace or security or it has already been violated, the Security Council must qualify the situation, i.e. determine whether he is dealing with a threat to the peace, a breach of the peace, or an act of aggression. Depending on this, he decides what measures should be taken under Art. 41 and 42 of the Charter for the maintenance or restoration of international peace and security. The Security Council at this stage has the right to decide on any temporary measures under Art. 40 of the Charter to prevent the situation from worsening. Such temporary measures must not prejudice the rights, claims or position of the parties concerned.

If previous measures taken by the Security Council have not led to positive results, or the Council has decided that it is dealing with a breach of the peace or an act of aggression, it has the right to proceed to coercive measures:

Not related to the use of armed forces under Art. 41 (full or partial break economic relations, railway, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations);

Related to the use of armed forces under Art. 42, if the Council considers that the measures provided for in Art. 41 may not be sufficient or has already proven to be insufficient.

Art. 43 of the Charter determines the procedure for UN members to place at the disposal of the Security Council the necessary armed forces, assistance and related facilities, including the right of passage, on the basis of a special agreement (agreements) concluded by the Council with UN member states with their subsequent ratification. Such agreements are concluded at the request of the Council, which is in the nature of a decision. Leadership of the Armed Forces in accordance with Art. 47 of the Charter is implemented by the Military Staff Committee under the Security Council, which includes the chiefs of staff of the permanent members of the Council or their representatives. However, neither Art. 43 nor Art. 47 were never put into effect due to disagreements between the permanent members of the Security Council throughout its existence. This led to the virtual cessation of the activities of the MSC since 1947, to the absence of armed forces subordinate to the Security Council and, as a consequence, to the extra-statutory practice of the UN in the field of the creation and use of armed forces.

An example of such practice is the creation of multinational forces under the UN flag and the conduct of peacekeeping operations.

3. UN peacekeeping operations: essence, principles and evolution.

From Art. 40 of the Charter implies the right of the Security Council to monitor the implementation of decisions on temporary measures. Based on this article, the practice of creating and using peacekeeping operations(OPM). This institution dates back to 1948, when the Palestine Truce Supervision Authority (UNTSO) was created. It was a UN military observer mission of unarmed officers - “blue berets”. In 1956, during the operation of the first Emergency Force in the Middle East (UNEF-1), the armed forces (“blue helmets”) of UN member countries were used. Starting with the UN Operation in the Congo (ONUC) in 1960-64. Civilian personnel became widely used, and the United Nations Transition Assistance Group in Namibia (UNTAG) brought 1,500 international police officers into the PKO for the first time.

The tasks solved with the help of OPM over the years boil down to the following:

a) investigation of incidents and negotiations with conflicting parties with a view to their reconciliation,

b) checking compliance with ceasefire agreements,

c) assistance in maintaining law and order,

d) protection of humanitarian activities during conflict,

d) monitoring the situation.

Depending on the upcoming PKO missions can be military observer missions and peacekeeping forces, including contingents of troops carrying light weapons used only for self-defense.

Since the first deployment of military observers in 1948, peacekeeping activities The United Nations has constantly evolved. As a result, PMOs have become not only multicomponent in composition, but also multifunctional in the nature of their activities. Established principles and practices of peacekeeping quickly adapt to the demands of the times, while the basic conditions for success remain unchanged:

1) a clear and real mandate;

2) cooperation of the parties in fulfilling this mandate;

3) consistent support from the Security Council;

4) the willingness of states to provide the necessary military, police and civilian personnel, including specialists;

5) effective leadership from the UN at Headquarters and in the field;

6) adequate financial and logistical support.

In most cases, UN peacekeeping operations have prevented the escalation of regional conflicts and brought an element of stability to dangerous situations in many regions. However, in a number of cases, PKOs suffered major setbacks and even failures when operations were carried out in the absence of an agreement between the conflicting parties. The failures were contributed to by unclear and contradictory Security Council mandates and the assignment of tasks to the PKO that went beyond peacekeeping, for example, the requirement to undertake coercion in the face of insufficiently strong political leadership on the part of the Security Council, lack of personnel, equipment, and funding.