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ž 2. Concept, definition and kinds of operations of the United Nations Organization on world maintenance

Operations on world maintenance (OPM) represent measures of peace-making character with attraction of the military personnel, predpri-nimaemye with a view of stabilisation of conditions around the conflict, creation of favorable conditions for its peace permission, an establishment and world maintenance.

Have developed and operations on maintenance of the world of two types continue to develop: 1) missions of military observers from unaided officers - źblue berets╗. For the first time such mission has been created in 1948 - Body on supervision over performance of conditions of an armistice in Palestin (ONVUP) and forces on maintenance of the world as a part of national military contingents, 2) armed with easy small arms - źblue helmets╗. The first operation has been spent to 1956 by extreme armed forces of the United Nations in the Near East (Î┬Đ-1). Operations of both types as of 1997 it is spent more than forty.

exist other division of operations of peace-making forces of the United Nations: 1. Operations on world maintenance when operations or an antagonism took place, and parts and United Nations Organization divisions have been forced to condition for the prompt establishment of the world between the countries in the conflict. United Nations armies operate thus strictly impartially so discussions and negotiations can begin at once with all parties participating in the conflict. As a rule, military men of the United Nations Organization use the weapon only with a view of self-defence as it is told in the report of the Secretary general of the United Nations Organization in May, 1990 Meanwhile while United Nations armies continue źto support the world╗, political "peace-making" process proceeds also.

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2. Operations on a compulsory establishment of the world when for example,

to actions during war in Persian gulf (between Iraq and Kuwait),

it bears a strong resemblance to actions of armed forces in case of war. In such

United Nations situations is not the impartial organisation, and variety

legal consequences following from here makes changes also in

position of armies of the United Nations. Steps to the world appear more gradual: measures

compulsory character on a world establishment - actions on world maintenance - world construction '. As rendering of the international humanitarian help has not political character and is defined only by pressing needs of victims, it is possible to approve, that conditions for cooperation between the United Nations Organization and the humanitarian organisations during performance of operations on a compulsory establishment of the world change, as the United Nations are not already impartial, as in case of operation on world maintenance.

Peace-making activity of the United Nations initially assumes the consent of the contradictory parties to its carrying out and means  * expansion of peace-making contingents for realisation of the agreement approved by the parties of the conflict.

in case of acceptance of actions on Security council compulsion authorises member states to carry out all necessary measures for definite purpose achievement. The astipulation on carrying out of such action is unessential. The United Nations Organization resorted to similar actions in some cases in 1950 during the conflict on the Korean peninsula and more recently: after intrusion of Iraq into Kuwait, into Somalia, in Ruanda, to Haiti, in Bosnia and Herzegovina and in Albania.

a basis as operations on world maintenance, and operation on compulsion to the world constitute positions of the Charter of the United Nations, concerning

1 See: mezhdnarodnoe the right. Under the editorship of TunkinaG. And. M, 1994, with. 315-316.

2 the Symposium concerning humanitarian activity and realisation of operations on world maintenance.

2 the Symposium on a question Geneva! 994, with. 12-13.

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international peace and safety maintenance, however these two kinds of actions are various inherently.

besides, in item 1 of the Charter of the United Nations it is spoken about źeffective collective measures for prevention and elimination of threat to the world╗. Therefore prevention of conflicts should be one of the most important problems of the organisation, and, nevertheless, more few the attention is given to preventive actions. Instead huge resources are spent for efforts on "treatment" of conflicts, when for many victims it already too late.

Prevention of escalation of potential conflicts for a threshold of violence demands the early prevention of the situations, capable to outgrow in the crisis, the corresponding analysis, complex preventive strategy, political will and resources for realisation of such strategy '.

Preventive diplomacy. The most desirable and effective application of means of diplomacy is their use with a view of intensity easing before this intensity will outgrow in the conflict or if the conflict has begun - that for acceptance of immediate measures on its restraint and elimination of the reasons laying in its basis. Preventive diplomacy can be carried out by the Secretary general, or through seniors of officials or specialised agencies and programs, and also Security council or General Assembly and the regional organisations in cooperation with the United Nations Organization. Preventive diplomacy demands realisation of the measures directed on an establishment of trust; it requires the early prevention based on gathering of the information and fact-finding informal or official by; it can provide also preventive expansion and in some cases creation of the demilitarised zones.

1 See: Aleksandrova E. With. The United Nations: Incorporated actions on world maintenance. M, 1978, with. 98-99.

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the Mutual trust and good will are absolutely necessary for reduction of probability of the conflict between the states. The governments have possibilities to use many such measures in the presence of will to their application. Examples of measures such are the regular exchange of military missions, creation of the regional or subregional centres on reduction of dangers, the organisation of free streams of the information, including supervision over performance of regional agreements in the field of arms. United Nations Organization operations in crisis areas were usually spent after the conflict has already begun. Has come to carry out time planning on a case of occurrence of the circumstances demanding preventive expansion which can be undertaken in various situations and different ways. For example, in the conditions of national crisis preventive expansion at the desire of the government or all parties in interest, or from their consent can take place; At occurrence of interstate disputes such expansion could take place, when both countries consider, that presence of the United Nations Organization on either side of their border can promote prevention of operations; besides, preventive expansion can be carried out and when any country feels threat or asks to provide soovetstvujushchee United Nations Organization presence only from its party of border. In each case the mandate and structure of forces of the United Nations Organization should be carefully developed and clear for all.

in the conditions of crisis in the country when the government addresses with the corresponding request or all parties give on that consent, preventive expansion could promote several ways to reduction of sufferings and restriction or the violence termination. The humanitarian help rendered impartially, can have huge value; Assistance to maintenance of safety by means of the military man,

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the police or civil personnel can rescue lives and create safety conditions in which negotiations can be carried on;

the United Nations Organization could promote also to efforts

on reconciliation, if on that is desire of the parties.

in a similar way, in the past the demilitarised zones were created

under the astipulation after conflict end. In addition to

expansion of the personnel of the United Nations Organization in such zones as operation parts on world maintenance should consider the problem now on advantage of these zones as forms of preventive expansion on either side of border with the consent of both parties, as means of separation of potential belligerent parties or on the one hand border at the desire of one party for the purpose of elimination of any pretext for an attack. The demilitarised zones would serve in quality of symbols of aspiration of the international community to conflict prevention.

Mirotvorchestvo. Before to pass to the problem decision on world maintenance it is necessary to try to prevent the conflict. With this Ó* the purpose requires to undertake attempts achieving from the conflicting parties of the arrangement by means of pacific means. In gl. VI Charter of the United Nations the universal list of such means of the resolution of conflicts is stated. These means have received the further development in the various declarations accepted by General Assembly, including in the Manilsky declaration of 1982 on the peace permission of state differences and in Declaration of 1988 on prevention and elimination of disputes and situations which can threaten an international peace and safety, and about an United Nations Organization role in this area. They also became a subject of various resolutions of General Assembly, including the resolution 44Y21 from November, 15th, 1989 About strengthening of an international peace, safety and the international cooperation in all its aspects according to the United Nations Organization Charter. The United Nations

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have extensive experience in business of application of these pacific means. If conflicts remain not settled it occurs not because methods of a peaceful settlement of disputes are unknown or it is not enough of them. The reason for that is, first, absence to achieve settlement of the disagreements from the parties of political will by means of such means which are provided gl. VI Charter, and, secondly, absence at the third party if such procedure of the settlement is chosen, corresponding levers. The indifferent relation of the international community to this or that concrete problem or its relation to it as to the peripheral can interfere with realisation of possibilities of its settlement.

the Present determination of Security council to resolve state differences how it is provided in the United Nations Charter, has opened a way to that Council played more active role. With occurrence bolshego unities have appeared levers and possibility to decline the conflicting parties to carrying out of negotiations.

According to the charter, General Assembly as well as Security council and the Secretary general, are allocated by the important role in questions of maintenance of an international peace and safety. Its competence as universal forum to consider and recommend appropriate actions should be is recognised. For this purpose it is exclusively important to encourage its use by all member states to render bolshee influence when it is necessary to prevent occurrence and an aggravation of a situation which can threaten an international peace and safety. Mirotvorchestvo it is sometimes facilitated by the international actions directed on improvement of conditions, which steels of one of the dispute or conflict reasons. If, for example, the help to displaced persons in this or that society has great value for settlement achievement, the United Nations Organization should have

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possibility to take advantage of resources of all corresponding establishments and programs. In the present in the United Nations Organization there is no appropriate mechanism by means of which Security council, the General Assembly or the Secretary general can mobilise the resources necessary for rendering of such positive influence, and involve collective efforts of system of the United Nations Organization in conflict pacific settlement.

the Essence of the concept of collective security as it is stated in the Charter, consists that if pacific means do not give results under the decision of Security council for maintenance or restoration of an international peace and safety in the conditions of existence źthreats to the world, any infringement of the world or the aggression certificate╗ should be used the measures provided in gl. VII Charter of the United Nations. Items 40-43 of the Charter of the United Nations contain the list of forced measures of Security council. Provisional measures, such as an appeal of conflicting parties to cease fire, are mentioned in item 40. Item 41 says, that the Security council is authorised to solve, what measures which have been not connected with use of armed forces, should be applied to realisation of its decisions, and he can demand from members of the Organization of application of these measures. These measures can include full or partial rupture of economic relations, railway, sea, air, post, cable, radio or other intermedia, and also the termination of diplomatic relations.

in item 42 it is said, that the Security council has the right to undertake actions air, sea or ground forces what will appear necessary for maintenance or international peace and safety restoration. Such actions can include demonstrations, blockade and

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other operations air, sea or ground forces of members of the Organization '.

Armed forces which are used by Security council for performance of measures according to item 42 have been approved in the item 43 Charters are provided also, that by all members of the Organization to bring the contribution to business of maintenance of an international peace and safety, armed forces, the help and corresponding facilities, including the right of way undertake to put at disposal of Security council under its requirement and according to the special agreement or agreements necessary for maintenance of an international peace and safety.

in 1946 the Security council has directed Military-staff committee (VSHK) to check up observance of item 43 and to make recommendations to Security council on its performance. VSHK, however, could not define parametres for forces under item 43 in connection with political disagreements among members of Security council concerning an aggregate number of forces, the comparative sizes of the contribution of permanent members of Security council, placing of forces, maintenance of assistance and material means. Even after fifty years, till now there is no decision of a question on parametres of the armed forces used by the United Nations for operations on maintenance of the world according to item 43.

Application of armed forces under the guidance of Security council is the unique lawful means provided in the Charter of the United Nations. According to international law of force the United Nations Organization mentioned in item 43, are participants of the international confrontations, and can be considered as object of an attack of the states against which the Security council has undertaken enforcement actions.

' See; art, 42. And quot; Such action may include demonstrations, blockade, and other operations by air, sea, or land forces". Id. But these measures of force should only be taken if " the Security council considers] that measures provided for in Article 41 would be inadequate. And quot; Id.

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According to item 42 of the Charter of the United Nations Organization, the Security council for maintenance or international peace and safety restoration is authorised to carry out actions with use of armed forces. Though such actions should be undertaken only when used pacific means have not given result. Such actions have exclusively great value for authority of the United Nations Organization as the guarantor of the international safety. Making agreement by the negotiations provided in item 43 of the Charter of the United Nations, special the agreement according to which member states undertake to give armed forces, the help for this purpose is required And corresponding facilities in the order of Security council for stated in item 42, not only on special, but also on a constant basis 1 .

New tendencies of operations of the United Nations on world maintenance. Character of operations on world maintenance last years promptly evolves. The developed principles and practice of maintenance of the world Ű* quickly adapt to time requirements while the basic conditions of success remain invariable: the accurate and real mandate; cooperation of the parties in performance of this mandate; consecutive support from Security council; readiness of member states to give the necessary military man, the police and civil personnel, including experts; an effective management from the Organization of the Incorporated nations at level of the central establishments and on places; appropriate financial and material and technical support. In the changed international conditions when operations on world maintenance are undertaken in rendering assistance at realisation of arrangements on settlement during negotiations more often, there is a number of new requirements and the problems connected with material support,

' See: Gali B.B.agenda for the world. New York, 1992, s.35 -

equipment, acquisition and financing which it is possible to consult at presence with member states desire and readiness to give necessary resources.

in 1992 the Secretary general has established requirement for the new concept of compulsion to the world member states in the agenda for

^ the world, recognising, that the Security council is selected to grant the right

to member states to undertake measures from his name. In a situation between Iraq and Kuwait, the Secretary general recommended, that the Security council has considered the problem on use of divisions on compulsion to the world in accurately certain circumstances and with in advance outlined terms of reference. Opinion of the Secretary general were it is developed in 1995 in its appendix to źto the Agenda for the world╗ where he recognised necessity for Security council to charge to member states realisation of enforcement actions. To define distinctions in practice Security council to refuse traditional compulsion to the world and carrying out of enforcement actions to the states -

4Ű to members. The secretary general has defined these operations as new compulsion to the world.

conciliatory maintenance of the world. The charter of the United Nations does not contain concrete mechanisms of management of conflicts which would take an intermediate place between diplomatic means of their settlement, first of all between diplomatic negotiations (head YI of the Charter of the United Nations) and measures on compulsion to the world, containing in gl. VII. Item 43 of the Charter of the United Nations provides a duty of member states to put at disposal of Security council under its requirement and according to the special agreement or agreements necessary for maintenance of an international peace and safety armed forces, the help and corresponding facilities, including the right of way.

' See: Kofi A.Annan. Partnership for the sake of the world community. New York, 1998, with. 22-23.

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Practice of last decade shows, that, as a rule armed forces for maintenance of an international peace and safety the initiative are given by member states not on request of Security council, and under their own initiative. Nevertheless, it does not mean, that the peace-making forces generated thus should possess any excellent status.

in all cases, the status of a peace-making contingent should be defined by positions of the Charter of the United Nations and the special agreement or agreements with the UN Security Council. In the special literature it is possible to meet the term źvoluntary armed forces╗ which is used for definition generated thus at the initiative of the states of-members of the United Nations peace-making kontingeta. Such armed forces are used for peace-making activity on state territory which has expressed on this consent. Their functions are reduced basically to maintenance of cease-fire or restraint of the parties from confrontations, to creation of conditions by carrying out of the adjusted actions, to the organisation and carrying out of diplomatic negotiations between the parties on conflict settlement.

from first days of the existence of the Organization of the Organization of the Nations was engaged to problems of the near East. In connection with military actions which occurred some times within five decades, the Organization is generated missions on maintenance of the world and has formulated peaceful settlement principles. It continues the efforts in search of the fair and strong decision of the political problems underlying the conflict. Today, later 50 years after establishment of the first operation of the United Nations Organization on world maintenance, as a part of the missions developed worldwide under the flag of the United Nations Organization are about 14500 military men and policemen.

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Activity on world maintenance continues to adapt to satisfy to changing requirements, and today a prominent aspect is ˝ţ˛­ˇńÝŔ¸ň˝˛Ôţ*ý with the regional organisations. Though at the decision of a question on carrying out of joint operations it is necessary to show discretion and common sense, thanks to such cooperation it is possible to receive an alloy of motivation and knowledge of local characters and legitimacy, competence and resources of the world organisation. In the central establishments of department of operations on world maintenance continued the efforts on strengthening of potential of fast reaction available for the organisation. For the last year will reach certain progress in creation of system of stand-by arrangements of the United Nations Organization which 74 member states now is covered; within the limits of this system. Obligations about allocation over 100 thousand persons are taken.

the First forces of the United Nations Organization on the adjusted order on world maintenance have been created in 1956 by General Assembly according to gl. IV. The agreement on a general armistice of 1949 could not prevent strain of relations between Egypt and Israel. This aggravation has outgrown in the conflict when Israel has grasped territories of Egypt on October, 29th 1956. On October, 31st France and Incorporated Kingdom which supported Israel, have developed military actions in northern part of Suez canal on purpose to divide belligerent parties and to provide safety of transportations through the channel. In spite of the fact that the security council accepted active participation in the permission of this conflict, nevertheless it was not possible to accept the resolution because of the veto of Incorporated Kingdom and France. Under the offer of Yugoslavia business has been transferred General Assembly which has accepted on November, 7th the resolution on creation of extreme forces of the United Nations (ONVUP). Maintenance and the control over the termination of military men action, including supervision over a conclusion

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armed forces of France, Israel and the United Kingdom from territory of Egypt was function of these forces, and after a conclusion serves some kind of "buffer" between the Egyptian and Israeli armies. After historical precedent (United Nations body on observance behind performance of conditions of armistice ONVUP) the Security council continued to apply conciliatory maintenance of the world. In reply to tragical humanitarian conditions in Somalia and inability of the international organisations on rendering assistance to operate among the conflicting parties, the Security council in 1992 has created JUNOSOM I which provided protection and safety of the personnel, the equipment and United Nations Organization cargoes, and also protection of humanitarian escorts and the centres of distribution of the humanitarian help in all territory of Somalia 1 .

Compulsion to the world. In December, 1992 The security council has undertaken an unprecedented withdrawal from traditional, adjusted (konsensualnogo) world maintenance when the resolution 794 has been accepted: it agree gl. VII Charter of the United Nations, the Security council authorised the Secretary general and member states to share all possible means to establish as soon as possible the safe environment for actions on rendering of the humanitarian help in Somalia. First time Security council accurately used position gl. VII Charter of the United Nations to allow to use to forces of compulsory maintenance of the world all necessary means during humanitarian intervention on territory without the consent of the state or all parties of the conflict, remaining not conflicting party. The United States of America have headed according to the resolution 794 formation of incorporated forces of the help of Somalia 2 .

the Resolution 794 was the important step to a recognition of compulsory competences of Security council. Before coming into force of the Charter of the United Nations

1 See: Kofi A.Annan. Partnership for the sake of the world community. New York, 1998, with. 31-32.

2 See: S.C. Res. 794, supra note 55.

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placing of armed forces in territory of the sovereign state without its consent was considered as occupation, infringement of the sovereignty of the state. However member states have conceded to Security council a part of the sovereignty in business of maintenance of an international peace and safety. They have assigned to Security council a paramount duty on international peace and safety maintenance and have agreed that they will accept and will carry out Security council decisions according to the United Nations Charter.

in March, 1993 The security council has expanded according to ŃŰ.VI the Charter of the United Nations of action for rendering of the humanitarian help in Somalia when has been created and the Committee of the United Nations on operations in Somalia (JUNOSOM II) according to gl has started to operate. VII. Mandate JUNOSOM II consisted in undertaking corresponding actions, including forced measures for creation in all territory of Somalia of safe conditions for rendering of the humanitarian help.

with that end in view JUNOSOM II it was necessary to carry out by disarmament and reconciliation a problem of restoration of the world, stability and the law and order, begun JUNITAF. In February, 1994 after several severe incidents and attacks on soldiers of the United Nations Organization, the Security council has reviewed mandate JUNOSOM II so that to exclude use of power methods. Presence of mission of the United Nations Organization to Haiti (MOONG), which successor since July, 1st, 1996 There was an United Nations Organization mission on support to Haiti (MOONPG), promoted maintenance of the safe and stable conditions favouring to success of these efforts. On March, 31st, 1995 the Security council has made decision to spend re-structuring SOONO, having replaced their three separate, but the interconnected operations on world maintenance. Council has extended mandate SOONO in Bosnia and Herzegovina, has founded United Nations Organization operation on restoration

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has founded United Nations Organization operation on restoration

trust in Croatia (OONVD) and has enacted, that SOONO within were

the Yugoslavian republic of Macedonia will be known as force

preventive expansion of the United Nations Organization

(SPROON).

Ľ peace process Activization, in a combination to military failures

the Bosnian Serbs have spent to that the parties began to observe more strictly a mode of cease-fire and have allowed SOONO to carry out more effectively the mandate in Bosnia and Herzegovina.

the political situation has improved thanks to the conclusion of a series of agreements, first of all the general frame agreement on the world in Bosnia and Herzegovina, signed in Dayton, Ohio, on November, 21st, 1995 In the resolution 1031 (1995) from December, 15th, 1995 the Security council authorised creation of forces on agreement performance (SVS) which it has been made responsible for realisation of military aspects of the peace agreement. Thereof, according to positions of the peace agreement, I role of the United Nations Organization in the new scheme of distribution of responsibility has been limited by two primary goals: activity of special international police forces and returning of refugees and displaced persons.

źthe Agenda for the world╗, the previous resolution of 794 (1992) and action of peace-making forces in Somalia, thus, have not reflected the concept of compulsory maintenance of the world. The agenda for the world, however, openly takes the form of world maintenance where the Security council allows provomochija to member states to apply armed forces by introduction of neutral and partial military presence at intensity or conflict zones unessentially with the consent of all parties in interest, under the pretext of necessity of the termination

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military actions. It, according to the Secretary general, it is possible to carry to new methodology of compulsory maintenance of the world.

Mirostroitelstvo. All peace actions should take into consideration an ultimate goal, i.e. To define the moment when action will be declared by successful and presence of the United Nations at field conditions it will be cancelled. For this purpose, mirotvorchestvo and operations on world maintenance should include universal efforts by definition and support of structures which will have the purpose world strengthening.

on the basis of the agreements ceasing the civil conflict, they can include disarmament before the at enmity parties, demilitarisation, order restoration, repatriation of refugees, consulting support for the personnel on maintenance of safety and support for its preparation, supervision of elections, assistance to efforts on protection of human rights. Post-disputed mirostroitelstvo can be an integral part of all peace operations and be spent by armed forces in operations, with the assistance of civilians i.e. Combined efforts.

By consideration of a range of efforts for the sake of the world mirostroitelstva as formations of the new environment it is necessary to consider the concept of preventive diplomacy ranking with the concept which has the purpose to avoid disintegration of peace conditions. When the conflict flashes, come into effect vzaimopodkrepljajushchie efforts on restoration and world maintenance. After these efforts have reached the purposes, to bring under the reached world the strong base only continuous teamwork under the decision of radical economic, social, cultural and humanitarian problems can. The purpose preventive dimlomatii-avoid crisis; the purpose postdisputed mirostroitelstva - to prevent repetition of the happened.

I *

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Becomes more and more obvious, that mirostroitelstvo upon termination of the conflict of civil or international character should provide the decision of a serious problem of neutralisation of the mines which many ten millions remain scattered in existing or former zones of operations. Mine clearing should pay special attention in operation mandates on world maintenance, and it has crucial value at ability to live restoration when process mirostroitelstva has begun. Without mine clearing it is impossible to recover agriculture, and restoration of movement of transport can demand a lining of roads with a firm covering with a view of prevention of a repeated mining. In similar cases the interrelation between maintenance of the world and mirostroitelstvom becomes obvious. In the same measure in what the demilitarised zones can serve the purpose preventive dimlomatii and. Preventive expansion for conflict avoidance, demilitarisation can promote maintenance of the world or postdisputed mirostroi-telstvu.

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A source: Suma Sajon Mamaduba. International legal protection of armed forces of the United Nations for carrying out of operations on world maintenance. The dissertation on competition of a scientific degree of the master of laws. Moscow-2000. 2000

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