133. Concept, goals and principles of law international security

International Security Law- a set of legal methods that comply with the basic principles of international law, aimed at ensuring peace and collective measures applied by states against acts of aggression and situations that threaten the peace and security of peoples.

Legal basis modern law International security consists primarily of such basic principles as the principle of non-use of force, the principle of peaceful resolution of disputes, and the principle of disarmament.

Special principles of international security law are also normative in nature. Among them, the principles of equality and equal security, not damaging the security of states, etc. should be particularly highlighted. Equal security is understood in the legal sense: all states have an equal right to ensure their security. In this case, there may not be actual equality, parity in weapons and armed forces. International law knows an extensive arsenal of specific means of ensuring international security. These include:

• collective security (universal and regional);
• disarmament;
• peaceful means of resolving disputes;
• measures to ease international tension and end the arms race;
• measures to prevent nuclear war;
• non-alignment and neutrality;
• measures to suppress acts of aggression, violations of peace and threats to peace;
• self-defense;
• actions international organizations;
• neutralization and demilitarization individual territories, liquidation of foreign military bases;
• creation of peace zones in different regions globe;
• measures to strengthen confidence between states.

the main objective international security is formulated in the UN Charter - “to maintain peace and international security” by “taking effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression or other violations of the peace.”

134. General collective security. The right to self-defense and humanitarian intervention

Collective Securitymeans a system of joint measures by states around the world or a certain geographical area, undertaken to prevent and eliminate threats to peace and suppress acts of aggression. At the core collective security lies the UN Charter.

Collective security systemhas two main features as a general characteristic. The first sign is the acceptance by the states participating in the system of at least three obligations, directed, as it were, “inside” the system:

• do not resort to force in your relationships;
• resolve all disputes peacefully;
• actively cooperate in order to eliminate any danger to the world.

The second sign is the presence of organizational unity of the states participating in the system. This is either an organization that acts as a “classical” form of collective security (for example, the UN), or another expression of unity: the establishment of consultative or coordinating bodies (for example, the Non-Aligned Movement). There are two types of system. collective security: general (universal) and regional.

Universal collective security is based on the functioning of the UN. In the mechanism for ensuring universal security, peaceful rather than coercive measures are brought to the fore.

Humanitarian intervention- application military force against a foreign state or any forces on its territory to preventhumanitarian catastrophe or genocidelocal population.

The following actions do not fall under the concept of humanitarian intervention:

• peacekeeping operations conducted by the UNwith the consent of the state on whose territory they are undertaken;
• actions using armed force at the request of a legitimate government (including actions provided for by agreements). However, there are situations in which it is not easy to determine what constitutes legitimate government or valid consent.
• military operations undertaken by a state to save its citizens abroad from an imminent threat to their life or health;
• forced actions that do not include the use of armed force.

135. Regional international organizations in the system of collective security

Organization of American States

The Organization of American States (OAS) was created on the basis of the Inter-American Treaty of Mutual Assistance of 1947, the OAS Charter of 1948 and the Inter-American Treaty for the Peaceful Settlement of International Disputes of 1948. Any American state that ratifies its Charter can be a member of the OAS. Currently, all American states participate in the OAS, with the exception of Canada and Cuba.

The goals of the OAS are to achieve peace and security on the American continent, strengthen solidarity and cooperation, protect territorial integrity, organizing joint actions in case of aggression, peaceful resolution of disputes.

North Atlantic Treaty Organization (NATO)

The North Atlantic Treaty was signed in 1949. Currently, the number of NATO members is 16. The question of whether NATO is a regional international organization is quite controversial: after all, it includes states of three continents.

According to the provisions of the North Atlantic Treaty (Articles 5 and 7), an armed attack against one or more participating States will be considered an attack against all of them; if such an attack occurs, each participant will assist the party attacked by all means, including the use of armed force . An attack includes an armed attack both on the territory of Member States and on their ships and aircraft in a specific area.

The seat of NATO is Brussels (Belgium).

Collective security system within the CIS

In accordance with the Collective Security Treaty of 1992 and the Agreement on the approval of the Regulations on the Collective Security Council of 1992 (Armenia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan participate), a Collective Security Council was established within the CIS.

The CIS Charter provides that in the event of a threat to the sovereignty, security and territorial integrity of one or more member states or international peace and security, members of the Commonwealth shall carry out mutual consultations to take measures to eliminate the threat, including peacekeeping operations and the use of armed forces in the exercise of law for individual or collective self-defense under Art. 51 of the UN Charter.

The decision on the joint use of armed forces is made by the Council of Heads of State or interested members of the CIS.

136. OSCE. NATO

ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPEcreated in accordance with the decisions contained in the Paris Agreement of 1990. Vienna and Helsinki Declarations of 1992

Objectives of the OSCE:

• promoting the improvement of mutual relations, as well as creating conditions to ensure long-term peace;
• support for the easing of international tension;
• recognition of the indivisibility of European security, as well as mutual interest in developing cooperation between member states;
• recognition of the close interconnectedness of peace and security in Europe and throughout the world;
• contribution to human rights, economic and social progress and the well-being of all peoples.

The OSCE is composed of representatives of the parliaments of countries that have signed Helsinki Act 1975 and the Charter of Paris 1990. The Parliamentary Assembly assesses the implementation of the OSCE objectives, discusses issues raised at meetings of the Council of Ministers and at meetings at top level OSCE member states, develops and promotes the implementation of mechanisms for conflict prevention and resolution, and supports the strengthening and consolidation of democratic institutions in participating states.

North Atlantic Treaty Organization, NATO, North Atlantic Alliance- a military-political bloc that unites most European countries, the USA and Canada. Founded on April 4, 1949 in the USA "to protect Europe from Soviet influence." Then 12 countries became NATO member states - the USA, Canada, Iceland, Great Britain, France, Belgium, the Netherlands, Luxembourg, Norway, Denmark, Italy and Portugal. It is a “transatlantic forum” for allied countries to consult on any issue affecting the vital interests of its members, including events that could threaten their security. One of the declared goals of NATO is to ensure the deterrence of any form of aggression against the territory of any NATO member state or protection from it.

137. 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.

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.

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 guiding principles of mutual reduction of armed forces and strengthening confidence in military field in the area of ​​the Soviet-Chinese border, signed on April 24, 1990. The Institute of Confidence-Building Measures has an inextricable connection with the Institute international control. The control mechanisms established in the treaties boil down to the creation of control bodies within international organizations, the establishment by states of special control bodies, and the use of national technical means of control.

Successful implementation of control is facilitated by coordinated 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.

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 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, the implementation of military-political and military-technical relations 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 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 means of its 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 deputies Secretary General UN.

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

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 (Treaty on the Southern Nuclear Free Zone Pacific Ocean);

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

Treaties prohibiting the production of certain types of weapons and requiring 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

Introduction

Principles of international security law

1. The role of international law in preventing war

Collective Security

Disarmament and arms limitation

1. Measures to strengthen confidence, narrow the material base and spatial scope of military conflicts

Conclusion

List of used literature

Introduction

The question of war and peace is the fundamental issue of modern international relations. The problem of ensuring international security in its broadest sense is the problem of ensuring peace and preventing war. Modern international law, being the law of peace, is designed to serve this purpose. The desire of states to ensure stable peace on earth depends primarily on foreign policy and on the unconditional implementation of the principles and norms of modern international law. The objective need for cooperation between states in matters of ensuring peace determined the process of formation and functioning of a new branch of general international law - the law of international security. Please be aware of changes to the object legal regulation that happened in last years. Today, along with the continuing danger of conflicts between states, the threat to security emanating from intrastate conflicts generated by interethnic, interethnic, interreligious contradictions and clashes is becoming increasingly serious.

Nowadays, the topic of security is very relevant and it is clear why. In the modern era of constant military conflicts, a mechanism for their resolution, and especially prevention, is simply necessary. UN Secretary General Boutros Boutros-Ghali noted that without peace there can be no development and conflict will begin to brew in society. And without democracy it is impossible to achieve any significant development; in the absence of development, peace cannot be maintained for a long period of time. The Master's thesis will focus on international security law. I will give its concept, talk about its sources, the role of international security law, show how it developed and how international security is now maintained.

I.The concept of international security law, sources

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

The main, fundamental realities in the field of international security and interstate relations have already been quite clearly defined, which, in particular, include the following:

1. Ideological and class struggle cannot form the basis of peaceful interstate relations.
2. Nuclear war cannot be a means of achieving political, economic, ideological or any other goals. That's why there are treaties banning nuclear weapons and weapons mass destruction.
3. International security is comprehensive. That is, it affects many issues and spheres of public life.
4. International security is indivisible. The security of one state cannot be built at the expense of the security of another. An arms race must not be allowed.
5. Has grown immeasurably peacekeeping role UN in the fight for security

The above realities modern world and other factors indicate, on the one hand, the versatility and comprehensive nature of international security, and on the other hand, about the inextricable connection between the security of each individual state and the security of the entire international community as a whole, as well as the connection between security and development. International security law represents a system of principles and norms governing military-political relations of states and other subjects of international law in order to prevent the use of military force. in international relations, arms limitations and reductions.

Like any branch of international law, international security law is based on general principles modern international law, among which the principle of non-use of force or threat of force, the principle of peaceful resolution of disputes, the principles of territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle of equality and equal security, the principle of not causing harm, the security of states are of particular importance . Taken together, they constitute the legal basis of international security law. (International security and disarmament. SIPRI Yearbook 1994, M., 1994, p. 15)

As a new branch of modern international law, international security law has one important feature, which is that its principles and norms in the process of regulating international relations are closely intertwined with the principles and norms of all other branches of international law, thus forming a secondary legal structure serving , in essence, the entire system of modern international law. This feature gives reason to say that international security law is a complex branch of modern international law.

The main source regulating international legal methods and means of ensuring peace is the UN Charter (Chapters I, VI, VII). Maintaining international peace and security and taking effective collective measures for this are the main purposes of the United Nations (Article 1).

Resolutions of the General Assembly adopted within the UN, containing fundamentally new normative provisions and focused on concretizing the requirements of the Charter, can also be classified as sources of international security law. For example, “On the non-use of force in international relations and the eternal prohibition of the use of nuclear weapons” (1972) or “The Definition of Aggression” (1974). (International security and disarmament. SIPRI Yearbook 1994, M., 1994, p. 28).

Like any branch of international law, it is based on the general principles of international law, especially the principle of non-use of force or threat of force, the principle of peaceful resolution of disputes, the principle of territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle of equality and equal security, the principle no damage, etc.

The law of international security has one feature - this is the fact that its principles in regulating international relations are closely intertwined with the principles and norms of all other branches of international law and thus form a secondary structure that essentially serves the entire system of modern international law. This possibility gives grounds to say that international security law is a complex branch of modern international law.

The main source regulating international legal methods and means of ensuring peace is the UN Charter (Chapter I, Chapter VI, Chapter VII). To maintain international peace and security and to this end take effective collective measures... are the main purposes of the United Nations (Article 1)

Resolutions of the General Assembly adopted within the UN, containing fundamentally new normative provisions and focused on concretizing the requirements of the Charter, can also be classified as sources of international security law. For example, On the non-use of force in international relations and the eternal ban on the use of nuclear weapons (1972) or Definition of aggression (1974) An important place in the complex of sources of international security law is occupied by interrelated multilateral and bilateral treaties. They can be divided into 4 groups:

I. Treaties that constrain the nuclear arms race in spatial terms. These include the Antarctic Treaty (1959), the Treaty on the Non-Proliferation of Nuclear Weapons (1968), the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon, and others celestial bodies(1967), Treaty Prohibiting the Placement on the Bottom of the Seas and Oceans and in Their Subsoil of Nuclear Weapons and Other Weapons of Mass Destruction (1971), Treaty on the Prohibition of Nuclear Weapons in Latin America(Treaty of Tlatelolco, 1967), Treaty on a Nuclear-Free Zone in the South Pacific (Treaty of Raratonga, 1985), etc. Treaties limiting the buildup of arms in quantitative and qualitative terms. These are the Treaty Banning Nuclear Weapons Tests in the Atmosphere, Outer Space and Under Sea (1963), the Comprehensive Nuclear Test Ban Treaty (1996), the Convention Prohibiting Military or Any Other Hostile Use of Means of Influence on natural environment(1977), Agreement between Russian Federation and the United States of America on the Further Reduction and Limitation of Strategic Offensive Arms (1993). Treaties prohibiting the production of certain types of weapons and requiring their destruction. These are: the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (1972), the Convention on the Prohibition of Development, Production and Use chemical weapons and its destruction (1993), Treaty between the USSR and the USA on the elimination of their intermediate-range and shorter-range missiles (1987). IV. Treaties designed to prevent the accidental (unauthorized) outbreak of war. This is the Agreement on Direct Communication Lines between the USSR and the USA (1963, 1971) (similar agreements were concluded by the USSR with Great Britain in 1967, France in 1966, Germany in 1986), Agreement on Measures to Reduce Risk the outbreak of nuclear war between the USSR and the USA (1971), Exchange of letters between the USSR and France on the prevention of accidental or unauthorized use of nuclear weapons (1976), Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the United Kingdom of Great Britain and Northern Ireland on the prevention accidental occurrence of nuclear war (1977), Agreement between the USSR and the USA on notification of the launch of intercontinental submarine-launched missiles (1988) and some others.

Among the sources of international security law special attention deserve documents adopted within the framework of the Conference on Security and Cooperation in Europe (CSCE), up to the Code of Conduct concerning the Military-Political Aspects of Security, adopted at the Budapest Summit of the CSCE Participating States on December 5-6, 1994 (International Security and disarmament. SIPRI Yearbook 1994, M., 1994, pp. 54-59)

Principles of international security law

international security law military

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

In conditions of international security, each state has best conditions to implement policies aimed at improving the material standard of living of people, the free development of the individual, and ensuring the full rights and freedoms of man and citizen.

International security is understood in the broad and narrow sense of the word.

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 is a branch of international law, which is a system of principles and norms governing military-political relations of states in order to ensure peace and international security. The norms of this industry are aimed at ensuring both international and national security.

The sources of international security law are international treaty, international custom, binding decisions of international organizations, primarily the United Nations Security Council.

The basis 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 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, international security law also has its own sectoral principles.

Experts in the field of international law consider the following to be the branch principles of international security law.

The principle of the indivisibility of international security means that in the 21st century. the world is indivisible as never before. Planet Earth is a small part of the Universe. The states of our planet are closely interconnected. With modern means of communication and transport, you can reach any corner of the planet in a matter of minutes or hours. Life shows that any crisis in one part of the globe, be it natural disasters, armed conflicts or international terrorism, immediately has a negative impact on 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 not harming the security of other states involves the conduct of a foreign policy by the state that 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 the priorities 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, for a long time, the principle of equal and equal security has been substantiated, which in its essence develops and specifies the previous principle - non-damage to the security of other states. This means that a state must ensure its security by balancing it with 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. 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 use its enormous economic, financial and military power to arrange the world the 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.

2. The role of international law in preventing war

In our time, international law solves problems of threats to peace and develops an arsenal of specific means for this. This is a set of legal and other methods aimed at preserving peace and preventing armed conflicts and applied by states individually or collectively.

These means include peaceful means of resolving disputes, disarmament, measures to prevent nuclear war and surprise attack, collective security, non-alignment and neutrality, measures to suppress acts of aggression, self-defense, neutralization and demilitarization of certain territories, liquidation of foreign military bases, etc. All These means are international legal, because they are regulated by treaties and implemented on the basis of the principles and norms of modern international law.

Among such agreements is the one signed on June 22, 1973. Agreement between the USSR and the USA on the prevention of nuclear war.

The policy objectives of both countries under this Agreement are eliminating the danger of nuclear war and the use of nuclear weapons..., preventing the emergence of situations that could cause a dangerous aggravation of their relations, avoiding military confrontation... .

Speaking about the means of ensuring international security, it must be said that the most important thing is the creation of a system of collective security on a universal and regional basis, and measures to achieve general disarmament. It is these means that ensure equal and universal security to a greater extent.

Collective Security

Collective security is a system of joint actions of states around the world or a certain geographical region measures taken to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace.

There is nothing strange about the general interest of all states in collective action to ensure security. After all, any conflict within a country can spread out into the territory of another state, a local conflict will develop into world war. Therefore, there are certain systems for maintaining collective security. Currently there are two of them.

The universal system of collective security was based on the norms of the UN Charter and provides for the actions of states in accordance with the decisions of this organization. The beginning of this system can be considered the union of states of the anti-Hitler coalition and the adoption of the United Nations Declaration of January 1, 1942. THOSE. States, completely different in their views, united on the basis of a common problem.

IN post-war period A global system of collective security was created in the form of the UN. Its main task is save future generations from disasters and war . The system of collective measures provided for by the UN Charter covers: measures to prohibit the threat or use of force (clause 4 of Article 2), 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). temporary measures to suppress violations of the peace (Article 40), compulsory security measures without the use of armed forces (Article 41), and with their use (Article 42). The function of maintaining international peace and security is entrusted to the General Assembly and the UN Security Council, their competence is clearly delineated.

The UN also conducts peacekeeping operations. Their task:

1. Investigation of incidents and negotiations with conflicting parties with a view to their reconciliation
2. Verification of compliance with the ceasefire agreement
3. Promoting the maintenance of law and order
4. Providing humanitarian aid
5. Monitoring the situation

In all cases, operations must strictly adhere to the following principles:

1. The Security Council makes a decision to conduct an operation, determines its mandate and exercises general leadership with the consent of the parties to the conflict to conduct the operation
2. Voluntary provision of military contingents by member states acceptable to the parties
3. Funding from the international community
4. Command of the Secretary General with the provision of powers arising from the mandate granted by the Security Council
5. Impartiality of forces and minimization of the use of military force (for self-defense only)

Regional collective security systems - represented by organizations on individual continents and regions. The UN allows the activities of such organizations provided that...their activities are compatible with the purposes and principles of the UN . For such activities to be of any use, the participation of all states in the region is needed, regardless of their system. The goals of the regional system are the same, there are only some restrictions - the organization’s activities should affect the interests of only regional states and resolve issues in the territory of its region.

Their competence may include settling disputes among themselves. (Clause 2 of Article 52 of the UN Charter). We can name some documents from this area: 1949 - North Atlantic Treaty (NATO), Warsaw Pact - 1955; CSCE - Final Act(1975)

If we talk about some continents separately, we should note the regional organizations:

• on the European continent - NATO since 1949, OSCE - since 1955. From 1955 to 1991. - Warsaw Pact Organization
• on the Eurasian continent - CIS - since 1992. (CIS Charter 1993, Collective Security Treaty 1992, etc.)

I consider it necessary to dwell separately on Collective Security within the CIS.

States Parties, in accordance with their obligations, must support international peace and safety. In the event of a threat to peace, joint consultations are held in order to eliminate it.

The collective security of the CIS is built on the basis of the norms of the UN Charter and the Collective Security Treaty of May 15, 1992. This treaty is of a purely defensive nature and is open to states interested in it and supporting it.

The Council of Heads of State of the CIS is obliged in accordance with the Agreement of March 20, 1992. immediately inform the CSCE and OSCE of the decision to carry out peacekeeping activities.

Disarmament and arms limitation

The arms control and disarmament process is an effective tool for ensuring security and stability. In conditions when the arms control process has become global, the task of effectively preventing the proliferation of weapons of mass destruction has become a priority. However, this is a long and gradual process.

I would like to review the existing ones international treaties and agreements regarding disarmament. Nuclear test ban treaties. August 5, 1963 Representatives of the USSR, USA and Great Britain signed an agreement banning nuclear weapons tests in the atmosphere, in outer space and under water. This agreement was universal in nature. Another agreement was signed in June 1996. - Comprehensive Nuclear Test Ban Treaty. Article 1 defines main obligations . I will briefly list them:

1. Prohibition of any explosions
2. Non-participation in explosions

To achieve the purpose and object of the Treaty, a Treaty Organization is established (Article II). Members are all participants. Location - Vienna

Bodies of the Organization: Conference of States Parties, Executive Council, Technical Secretariat

The Director General is appointed by the Conference on the recommendation of the Executive Board for a period of 4 years.

All personnel of the Organization enjoy privileges and immunities

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

Treaties on the demilitarization of certain territorial spaces. (Weapons ban on certain territories). These include: the Antarctic Treaty of 1956, the Outer Space Treaty of 1967, etc. Treaties on the limitation strategic weapons. The most important Soviet-American bilateral treaties here are: Systems Limitation Treaty missile defense dated May 26, 1972 and its additional protocol of July 3, 1974, SALT-1, SALT-2, Intermediate-Range Nuclear Forces Treaty of December 8, 1987, Treaty between the Russian Federation and the United States on the Further Reduction and Limitation of Strategic Offensive Arms of January 3, 1993 . and etc.

Convention on the Prohibition of Bacteriological and Toxin Weapons. Geneva Protocol 1925 - this is the prohibition of the use of asphyxiating, poisonous or other similar gases and bacteriological agents in war. April 10, 1972 The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on Their Destruction was opened for signature. The Convention has a universal character and is of unlimited duration.

The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction - opened for signature in January 1993. Each participant undertakes never, under any circumstances, to develop, produce, acquire, stockpile or retain chemical weapons or transfer them directly or indirectly to anyone. All states are obliged to destroy the weapons they already possess. The Russian Federation was among the first to sign this Convention, and the Federal Law of November 5, 1997. ratified it.

3. Measures to strengthen confidence, narrow the material base and spatial scope of military conflicts

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.

As a legal institution, this institute began to take shape in the 60-70s. the adoption of a number of agreements, the norms of which are aimed at eliminating mistrust and preventing the occurrence of accidental critical situations.

Particular attention should be paid to bilateral treaties and agreements in which confidence-building measures occupy a central place (Agreement between the USSR and the USA on notifications of launches of intercontinental ballistic missiles by submarines, 1988, etc.)

Confidence-building measures are also being developed and improved at the regional level.

In the CSCE Final Act of 1975. A Document on Confidence-Building Measures and Certain Aspects of Security and Disarmament was included.

To maintain security, participants need to constantly be in contact with each other (visits to air bases, exchanges and contacts between scientists and the military).

The Institute of Confidence-Building Measures has an inextricable link with the Institute of International Control. (i.e. creation of common control bodies). Inspection provided for by international agreement is widely used as a control method.

Along with this, non-alignment plays a certain role. This, on the one hand, is the foreign policy course of a state that does not participate in any military blocs, and on the other, a set of norms that define the specific obligations of states in the field of: pursuing an independent political course, maintaining the anti-colonial struggle, and promoting international peace in every possible way.

Conclusion

This has always been clear and therefore systems and means of maintaining security began to be developed a long time ago. And they changed all the time. But the realities modern life did not lead to the abandonment of those norms, procedures and institutions that underlay international relations. A lot is changing. Therefore, security systems must be adapted to the current situation.

The master's student believes that only cooperation of all states and strict adherence to the Law can ensure security in general and international security in particular.

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International Security Law is a system of principles and norms governing military-political relations of states and other subjects of international law in order to prevent the use of military force in international relations, suppress acts of aggression, limit and reduce arms.

Like any branch of international law, international security law is based on the general principles of modern international law - non-use of force or threat of force, peaceful resolution of international disputes, territorial integrity and inviolability of borders, non-interference in the internal affairs of states, disarmament.

A number of industry principles have also been formed: equality and equal safety; indivisibility of security; without causing damage to the security of states.

PRINCIPLES:

■ recognition by each state of the comprehensive nature of international security, including political, military, economic and other security;

■ the right of every state to security and free development without outside interference;

■ refusal of all states from any actions that could harm the security of other states;

■ the impossibility of ensuring the security of one state at the expense of the security of other states. The principle of non-damage to the security of other states includes:

■ the gradual implementation of disarmament measures in a fair and balanced manner to ensure the right of each state to security at a lower level of armed forces;

■ preventing military advantage of some states over others at any stage of the disarmament process;

■ non-direction of measures taken to ensure security against the sovereignty, territorial integrity and freedom of any state.

These principles together constitute the legal basis of international security law.

Sources of international security law The main source regulating international legal methods and means of ensuring peace is the UN Charter (Chapters I, VI, VII). Resolutions of the General Assembly adopted within the UN, containing fundamentally new normative provisions and focused on concretizing the requirements of the Charter, for example: “On the non-use of force in international relations and the eternal prohibition of the use of nuclear weapons” (1972); “The Definition of Aggression” (1974).

The most important place In the complex of sources of international security law, interrelated multilateral and bilateral treaties regulating the legal aspects of ensuring peace are occupied. These agreements can be divided into four groups:

1. Treaties restraining the nuclear and conventional weapons in spatial terms:

■ 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 Subsoil, 1971;

■ Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) 1967;

■ Treaty on a Nuclear Weapon-Free Zone in Southeast Asia (Bangkok Treaty), 1995;

■ treaties on the demilitarization of certain territorial spaces (for example, the Antarctic Treaty of 1958), etc.

2. Treaties limiting the buildup of weapons and (or) their reduction in quantitative and qualitative terms:

■ Comprehensive Nuclear Test Ban Treaty of 1996 (not yet in force);

■ Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications, 1977;

■ Treaty between the USSR and the USA on the Reduction and Limitation of Strategic Offensive Arms of 1991 (START-1);

■ Agreement between the Russian Federation and the United States on the reduction of strategic offensive capabilities, 2002, etc.

3. Treaties prohibiting the production of certain types of weapons and (or) prescribing their destruction:

■ Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, 1971;

■ Treaty between the USSR and the USA on the elimination of their intermediate-range and shorter-range missiles, 1987;

■ Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction, 1993.

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

■ Agreement on measures to reduce the risk of nuclear war between the USSR and the USA, 1971;

■ Agreement between the USSR and Great Britain on the Prevention of Accidental Nuclear War, 1977;

International legal means of ensuring international security are a set of legal and other methods aimed at preserving peace and preventing armed conflicts, used by states individually or collectively - these are the means of ensuring international security. These means include:

■ collective security,

■ peaceful means of resolving disputes,

■ disarmament (arms reduction) and measures to monitor the disarmament process,

■ measures to prevent nuclear war and surprise attack,

■ non-alignment and neutrality,

■ measures to suppress acts of aggression,

■ self-defense,

■ neutralization and demilitarization of certain territories,

■ liquidation of foreign military bases,

■ measures to strengthen confidence between states, etc.

All these means are international legal, since they are regulated by treaties and are implemented on the basis of the principles and norms of modern international law.