Security is included in the branch of 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 military conflicts and the recurrence of a global world war.

Circle of regulatory relations

International security rights highlight the following types 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 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 prohibition of use nuclear weapons" and others.
  • International treaties, which are conventionally divided into several groups: those that restrain the nuclear arms race and prohibit 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 is the interaction of 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 specialists to nuclear energy to your 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 Law– a branch of international law, which is a set of norms and rules aimed at maintaining international peace and security. ( International security- a state where there is no threat to peace and security.)

International security law includes:

  • Generally recognized norms of MP;
  • Measures to prevent acts of aggression and eliminate threats to peace;
  • Measures to limit and reduce armaments;

Sources of international security law

  • UN Charter;
  • International treaties restraining the nuclear arms race;
  • International treaties limiting the build-up of arms;
  • International treaties prohibiting the production and use of certain types of weapons;
  • International treaties aimed at suppressing and combating terrorism;
    and etc.

Collective security as an institution of international security law

Collective security system– a set of joint activities of states and international organizations to maintain international peace and security. Legally, the collective security system is formalized by international treaties.

Types of collective security systems

I. Universal or general (provided for by the UN Charter)– this system is being created for all states of the world, regardless of what part of the planet they are located in. It is based on numerous universal treaties.

Basic measures:

  • Peaceful means;
  • Coercive means (both armed and unarmed);
  • Use of regional organizations for its activities.

The UN may require members of the organization to take specific measures to implement its decisions (severance of economic relations, means of communication, severance of diplomatic relations, etc.). All members of the UN, in order to contribute to the common cause, must provide at the disposal of the UN the armed forces necessary to maintain peace and security

II. Regional collective security systems- is created and operates in a separate region of the globe. Regional collective security systems do not have the right to resolve issues affecting the interests of the whole world and the interests of states located in other regions. They have the right to make decisions only regarding regional actions. (Admission of new states into the regional collective security system is possible only with the consent of all states of this system)
The UNSC must always be fully informed of the actions taken by regional systems to maintain peace and security.

Disarmament and arms limitation

Disarmament– one of the key problems of international security law.

Main areas of cooperation in this area:

  • Nuclear disarmament - test explosions cannot be carried out in the atmosphere and outer space, under water, or in any other environment if such an explosion causes radioactive fallout;
  • Also, states that have nuclear weapons must not transfer them to other states, and states that do not have nuclear weapons undertake not to accept them;
  • Prohibition of the production and elimination of certain types of weapons - it is prohibited to use asphyxiating, poisonous and other similar gases in war. The development of chemical and biological weapons is prohibited;
  • Restriction of certain types of weapons - for example, limitation of missile defense systems, elimination intercontinental missiles etc;
  • Limitation of the territory for the placement of certain types of weapons - this direction implies that certain types of weapons cannot be located on certain territory. For example, nuclear weapons and other weapons of mass destruction cannot be located on the ocean floor;
  • Limitation and reduction of armed forces - provides for the existence of treaties that limit the number of armed forces (military equipment).

Confidence-building measures and the institution of international control

Confidence-building measures– an institution of international security law, which is a set of norms that establishes information and control measures in order to prevent, prevent a surprise attack, and also ensure the disarmament process.

As part of confidence-building, the following may be envisaged:

  • Intercontinental missile launch notifications;
  • Notice of Major Strategic Exercises;
  • Exchange of information about military forces (in relation to military organization, personnel, main weapons systems and equipment);
  • Information on plans for the deployment of weapons and equipment systems;
  • Information about military budgets.

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 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 crisis in one part of the globe, be it natural disasters, armed conflicts or acts of international terrorism, immediately has a negative impact in other parts. 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 national security state is one of the priorities of the activities of its highest bodies, because we are talking about the security 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 long time settled 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 an era when two main economic and political systems competed with each other in the international arena - 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 withdrew from such an international agreement as basic for strategic stability as the 1972 Anti-Ballistic Missile Treaty.

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 20th century, it became very clear to politicians that further build-up of armaments makes no 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.

The treaty provides for international control and on-site inspections, as well as confidence-building measures.

Disputes arising in connection with the application or interpretation of the provisions of the Treaty are settled in accordance with the provisions of the UN Charter.

Treaty on the Non-Proliferation of Nuclear Weapons. The XXII session of the UN General Assembly approved the draft Treaty, which was opened for signature on July 1, 1968 in the capitals of three states: Moscow, Washington and London. The treaty is universal because all states without exception can participate in it.

The Treaty distinguishes between the obligations of states that possess nuclear weapons and the obligations of states that do not possess them. A nuclear weapons state participating in this treaty "undertakes not to transfer to anyone any nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices, either directly or indirectly." States that do not possess nuclear weapons undertake not to produce or otherwise acquire nuclear weapons or other nuclear explosive devices, nor to accept any assistance in the production of such weapons (Articles 1, 2).

The Treaty contains a norm that serves as a kind of link between existing regulatory provisions and future agreements on disarmament issues: “Each party to this Treaty undertakes to negotiate in good faith effective measures to end the nuclear arms race in the near future and complete disarmament under strict and effective international control" (Article 6).

Treaties on the demilitarization of certain territorial spaces. The Institute of Demilitarization contains a group of international treaties that prohibit the placement and use of any weapons or their most dangerous species in a certain area. This group includes: the Antarctic Treaty of 1959, the Outer Space Treaty of 1967, the Treaty Prohibiting the Placement on the Bottom of the Seas and Oceans and in Their Subsoil of Nuclear Weapons and Other Types of Weapons of Mass Destruction of 1971. This group of treaties includes treaties on nuclear-free zones in Latin America(Treaty of Tlatelolco, 1967), and in the southern part Pacific Ocean(Treaty of Raratonga, 1985).

Strategic Arms Limitation Treaties. The most important from the point of view of resolving disarmament issues are the Soviet-American bilateral treaties: the Treaty on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972 and its additional Protocol of July 3, 1974, the Interim Agreement on Certain Measures in the Field of Limitation of Strategic Offensive Arms (SALT-1), Strategic Arms Limitation Treaty (SALT-2); Missile Elimination Treaty medium range and shorter range of December 8, 1987, Treaty between the Russian Federation and the United States of America on the Further Reduction and Limitation of Strategic Offensive Arms of January 3, 1993.

The Treaty on the Limitation of Anti-Ballistic Missile Defense (ABM) provides for the obligations of the parties not to deploy missile defense systems on their territory and to limit themselves to a certain number (taking into account the 1974 Protocol - one area on each side) of missile defense systems and launchers anti-ballistic missiles, prohibits the testing and deployment of sea, air, space or ground mobile missile defense systems or components.

The 1987 Treaty provided for the elimination of all intermediate- and shorter-range missiles, their launchers, support structures and auxiliary equipment. Elimination periods: for medium-range missiles - 3 years; for shorter-range missiles - 18 months after the Treaty enters into force. In the future, neither side will produce any missiles of these two classes and launchers for them.

According to the Protocol on Inspections, in connection with the Treaty, strict control over the implementation of the provisions of the Treaty is provided. The object of control can be missile operating bases, auxiliary facilities, missile disposal sites, and missile production enterprises. Each Party may conduct inspections for 13 years after the Treaty enters into force (June 1, 1988).

Convention on the Prohibition of Bacteriological and Toxin Weapons. The Geneva Protocol of 1925 prohibits the use of asphyxiating, poisonous or other similar gases and bacteriological agents in war. Meanwhile, the continuous improvement and accumulation of stocks of chemical and bacteriological weapons dictated the urgent need to create appropriate international legal norms prohibiting their production and storage.

On April 10, 1972, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction was opened for signature. Representatives of the USSR, USA and Great Britain were the first to sign it. The Convention has a universal character and is of unlimited duration.

States have undertaken to under no circumstances develop, produce, stockpile, otherwise acquire or retain microbiological or other biological agents or toxins of types and in quantities that do not have a preventive, protective purpose. or other peaceful purposes, as well as weapons, equipment or delivery vehicles designed to use such agents or toxins for hostile purposes or in armed conflict. The transfer of bacteriological and toxin weapons to anyone is prohibited.

Convention on the Prohibition of Development, Production, Stockpiling and Use chemical weapons and about its destruction.

This Convention was opened for signature in January 1993.

Each State Party to the Convention undertakes never, under any circumstances, to develop, produce, acquire, stockpile or retain chemical weapons or transfer them directly or indirectly to anyone. It undertakes not to use chemical weapons or make any military preparations for the use of chemical weapons.

Each State Party to the Convention is obliged to destroy chemical weapons that are in its ownership or possession or that are located in any place under its jurisdiction or control or abandoned by it on the territory of another State. According to the Convention, any chemical weapons production facilities must be destroyed.

The Russian Federation was one of the first to sign the Convention, and ratified it by the Federal Law of November 5, 1997.

Confidence-building measures, international control

Confidence-building measures as an institution of international security law represent a set of norms regulating the military activities of states through the establishment of information and control measures in order to achieve mutual understanding, prevent a surprise attack or unauthorized conflict, and ensure the disarmament process.

The legal formalization of this institution began in the 60-70s with the adoption of a number of agreements (on the establishment of direct communication lines, on limiting military activities, on preventing nuclear war as a result of unauthorized actions), the norms of which are aimed at eliminating mistrust and preventing the occurrence of accidental critical situations.

Bilateral treaties and agreements in which confidence-building measures occupy a dominant position (Agreement between the USSR and the USA on notification of launches of intercontinental missiles) deserve special attention. ballistic missiles and submarine-launched ballistic missiles 1988, Agreement between the Government of the USSR and the US Government on mutual advance notification of major strategic exercises 1989, etc.). These measures represent a group of norms included in the institution of confidence-building measures, which can be characterized as accompanying security and disarmament (notification, monitoring, control activities, information).

The development and improvement of confidence-building measures are successfully carried out at the regional level. This is confirmed by some CSCE documents, which represent an independent group of confidence-building measures as an institution of international security law.

In order to complement political détente with military détente, the CSCE Final Act of 1975 included a Document on Confidence-Building Measures and Certain Aspects of Security and Disarmament. The Document talks about advance notification of major military exercises ground forces with the participation of more than 25 thousand people; on the mutual exchange of observers to attend military exercises; on facilitating military exchanges, including visits by military delegations. Confidence-building measures were further specified in the Document of the Stockholm Conference on Confidence- and Security-Building Measures and Disarmament in Europe (1986) and the Vienna Document of the Negotiations on Confidence- and Security-Building Measures (1990).

These documents include agreements on the non-use of force or the threat of force in all its forms, including armed force. An annual exchange of information on military forces (in relation to military organization, personnel, main weapons and equipment systems) in the area of ​​application of confidence-building measures is provided; on plans for the deployment of major weapons and equipment systems; about military budgets. A mechanism for consultation and cooperation regarding dangerous incidents of a military nature has been developed.

A wide network of contacts is provided: visits to air bases, exchanges and visits between representatives of the military leadership, between military institutions, attendance at training sessions, exchanges between commanders and command officers up to the brigade (regimental) level, exchanges and contacts of scientists in the field of military research.

The scope of notification measures regarding certain types of military activities has been specified and expanded. In particular, military activity is subject to notification when it involves 13 thousand people at any time. In these cases, written notice is given to all CFE members through diplomatic channels 42 days or more before the start of military activity.

As a mandatory measure, the exchange of annual plans for military activities of states is provided, which are transmitted in writing through diplomatic channels no later than November 15 of each year.

Restrictive provisions have been introduced prohibiting military activities involving more than 40 thousand people, unless this activity was included in the annual plan before November 15 of each year. Compliance with all agreed confidence-building measures is monitored in the form of an inspection.

Confidence building measures are also provided for in relations with the People's Republic of China. This refers to two documents:

Agreement between the Government of the USSR and the Government of the People's Republic of China on the guidelines for mutual reduction of armed forces and strengthening confidence in the military field in the area of ​​the Soviet-Chinese border, signed on April 24, 1990, and the Memorandum of Understanding between the Government Russian Federation and the Government of the People's Republic of China on the same issues dated December 18, 1992. In accordance with the Agreement, the Parties, through consultations, are developing effective measures to strengthen confidence in the border area: refusal to conduct military exercises directed against the other Party, limiting the scale and number of military exercises in border area, mutual notification of military exercises and major movements of troops, invitation of observers of the Parties to military exercises, agreement on zones where military exercises and the deployment of combat units are excluded, exchange of annual plans for military activities. The Memorandum confirms the obligations under the Agreement and outlines further negotiations.

The Institute of Confidence Building Measures has an inextricable link with the Institute international control. The control mechanisms fixed in the treaties boil down to the creation of control bodies within international organizations, the establishment by states of special control bodies, the use of national technical means control.

The successful implementation of control is facilitated by agreed additional measures, such as equipping military facilities with special identification marks (Treaty between Russia and the United States on the Further Reduction and Limitation of Strategic Offensive Arms of 1993); harmonized rules for counting weapons systems; notification of upcoming actions; exchange of quantitative data on weapons, their locations and technical characteristics.

Inspection provided for by international agreements is widely used as a control method.

The concept of international security law.

This is a set of international legal principles and norms governing cooperation between states and other subjects of international law in the military-political sphere in order to ensure peace and international security.

Under international security is understood as a world order that excludes violations territorial integrity, sovereignty and independence of states and guaranteeing conditions for sustainable and stable development of the world community. It is impossible to ensure security in the modern world solely by force, and this is an extremely ineffective strategy.

In addition to military security, it is necessary to ensure economic, social, environmental, information and other aspects of security. At the same time, the state of security is ensured not only by protection from threats, but by their neutralization through mechanisms of peaceful cooperation and interaction in the most different areas government activities, the life of civil society.

History of international security law.

The basis of international security law is a system of norms of public international law designed to exclude forceful forms of resolution controversial issues in relations between states.

International law that existed before both world wars recommended that states resort to peaceful means of resolving international disputes, but did not oblige them to follow this procedure.

At the Hague Peace Conferences of 1899 and 1907. The Convention on the Peaceful Resolution of International Disputes was developed and adopted, the purpose of which was to summarize the rules for the application and formation and functioning of international arbitration courts and commissions of inquiry.

The Statute of the League of Nations, adopted in 1919, turned out to be a more progressive document from the point of view of international law - it provided for mandatory application in certain cases separate funds peaceful resolution of international disputes (arbitration and judicial proceedings, appeal to the Council or Assembly of the League). A very significant shortcoming was that it did not contain a clearly formulated principle of the peaceful resolution of international disputes, and also allowed war as a legitimate means of resolving disputes.

The next step towards recognition of the principle of peaceful resolution of international disputes was the adoption in 1928 of the Paris Treaty on the Renunciation of War (the so-called Kellogg-Briand Pact), in Art. II of which expressly states: “The High Contracting Parties recognize that the settlement or resolution of all disputes or conflicts that may arise between them, whatever their nature or whatever their origin, must always be sought only through peaceful means.”

Of course, the next stage in the development of the principle of peaceful resolution of international disputes was the Charter of the United Nations. The UN Charter attempts to create a mechanism for “the maintenance of international peace and security.” The document also contains norms regarding collective peace enforcement as decided by the Security Council.

Sources of international security law.

The main source of international security law is the UN Charter. Along with it, an important place in the complex of sources is occupied by bilateral and multilateral interstate treaties regulating the legal aspects of ensuring peace and international security. Among them the following categories stand out:

  1. Treaties curbing the arms race and the buildup of weapons of mass destruction:
    • Antarctic Treaty 1959;
    • Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under the Sea, 1963;
    • Treaty on the Non-Proliferation of Nuclear Weapons of 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 Subsoil, 1970;
    • Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction, 1971;
    • Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 1993;
    • Comprehensive Ban Treaty nuclear tests 1996;
  2. Nuclear safety treaties:
    • South Pacific Nuclear Free Zone Treaty 1985;
    • Treaty on a Nuclear Weapon Free Zone in South-East Asia 1995;
    • 1995 African Nuclear Weapon-Free Zone Treaty.
  3. Treaties aimed at maintaining international peace and security:
    • 1974 Definition of Aggression;
    • International Code of Conduct on Arms Transfers 2000.
  4. Anti-terrorism treaties:
    • Convention for the Suppression of Unlawful Seizure of Aircraft, 1970;
    • Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971;
    • International Convention against the Taking of Hostages, 1979;
    • Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988;
    • International Convention for the Suppression of Terrorist Bombings, 1997;
    • International Convention for the Suppression of the Financing of Terrorism, 1999;
    • International Convention for the Suppression of Acts of Nuclear Terrorism, 2005.

Among the sources of international security law great importance have acts of a regional nature, adopted in furtherance of the provisions of the UN Charter. In the Eurasian region, international legal acts are created primarily within the framework of international organizations on security issues, such as NATO, OSCE, CSTO, etc.

Principles of international security law.

The basis of the branch of international security law is the generally recognized principles of 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 settlement of international disputes;
  • cooperation between states.

In addition to the generally recognized principles of international law, international security law also includes its own sectoral principles.

Branch principles of international security law:

  • principle of indivisibility of international security- the security of any state or group of states cannot be built and ensured at the expense of the security of other states or the entire international community;
  • principle of non-damage to the security of other states- states must lead foreign policy taking into account not only our own security, but other countries, as well as the entire international community;
  • principle of equal and equal security- states must ensure their security, balancing it with the capabilities of ensuring the security of other states.

Universal and regional systems of collective security.

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

Universal system of collective security.

The main tool for maintaining peace and preventing the outbreak of wars is universal collective security system provided for by the UN Charter. The Charter establishes the foundations of the modern world legal order, the principles of relations between states in the international arena and provides for a whole range of measures to preserve international peace and suppress acts of aggression, including:

  • prohibition of the threat or use of force- only the UN, by decision of the Security Council, has the right to use force or the threat of force in cases provided for by its Charter. Exception from general principle non-use of force is the right to self-defense in the event of;
  • peaceful resolution of international disputes- any dispute between states that threatens international peace and security must be resolved through negotiation, investigation, mediation, conciliation, arbitration, litigation, appeal regional authorities or agreements or other peaceful means;
  • preventing and eliminating threats to peace and suppressing acts of aggression and other violations of the peace- The Security Council determines the existence of any threat to the peace, any breach of the peace or act of aggression and makes recommendations or decides what collective measures, related and/or not related to the use of armed forces, should be taken;
  • use of regional security organizations- The Security Council may use regional agreements or bodies to implement enforcement measures to maintain international peace and security.

Regional systems of collective security.

The creation and operation of regional collective security systems is determined by Chapter VIII of the UN Charter “Regional Agreements”, the norms of these organizations and other international legal acts.

Regional collective security systems characterized by the following features:

  • the states participating in the treaty are located predominantly in one region;
  • the parties to the treaty confirm the requirement to resolve disagreements between themselves and other states exclusively by peaceful means;
  • participants must not enter into military alliances or participate in actions directed against another participating state;
  • participants undertake the obligation to provide individual or collective assistance to a state that has been subjected to an armed attack;
  • the UN Security Council must be immediately informed of all actions taken or planned to ensure collective security;
  • new members are accepted into the security system established by the treaty, as a rule, with the consent of all its participants.

Let us consider the most significant regional collective security systems.

North Atlantic Treaty Organization (NATO)- a military-political bloc uniting most European countries, the USA and Canada. Founded on April 4, 1949 in the USA to counter the influence of the USSR. According to the founding treaty, an armed attack on one or more parties to the treaty is considered an attack on all of them. At the 2016 summit, NATO's new mission officially declared containing Russia. Currently, 29 countries are members of NATO.

Organization for Security and Cooperation in Europe (OSCE) is the world's largest intergovernmental organization dealing with security issues. The OSCE was founded in July 1973. Its activities address a wide range of security-related issues, including arms control measures, confidence- and security-building measures, human rights, the protection of minorities, democratization, law enforcement, counter-terrorism and economic and environmental activities. The OSCE consists of 57 European states, Central Asia and North America.

Collective Security Treaty Organization (CSTO)- a military-political union within the CIS, established on September 7, 2002 on the basis of the 1992 Collective Security Treaty. The goals of the CSTO are “strengthening peace, international and regional security and stability, protecting on a collective basis the independence, territorial integrity and sovereignty of member states.” The CSTO includes Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, and Tajikistan.

Literature.

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