THE ROLE OF REGIONAL ORGANIZATIONS IN THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY

THE ROLE OF REGIONAL ORGANIZATIONS IN THE

MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY∗

Introduction

International relations among countries in the world have brought many changes in a

more positive direction. Bilateral and multilateral cooperation that provides guarantees for

interests makes relations between countries become increasingly rapid. However, along with

the rapid development of these relationships, disputes between countries in the world have

also become increasingly complex. Differences that cause disputes between countries can

generally be resolved by peaceful means, but there are times when dispute resolution ends in

violence.

One of the international organizations that has the authority to resolve disputes is the

United Nations. In addition to using peaceful means to resolve disputes, the UN also has the

authority to take collective actions necessary to resolve a dispute, especially if the dispute

could threaten international peace and security.

The broader power to maintain world peace and security is vested in the Security

Council, so that this body will resolve UN policies quickly and decisively. The Security

Council generally acts on two disputes:1 First, disputes that may jeopardize national peace

and security; and Second, cases that threaten the peace or violate the peace, or acts of

aggression.

The Security Council has been made an executive organ equipped with powers

primarily in the field of implementing Chapter VII of the Charter. A number of articles have

been created to enable the Security Council to act quickly and efficiently to prevent and stop

armed disputes. It is the Security Council that takes all necessary measures ranging from the

severance of relations to the use of armed force when world peace is threatened.

Chapter VII of the UN Charter which regulates Intervention contained in the UN

Charter is essentially a discretion to the content of the provisions of the Charter itself,

especially Article 2 (4) and Article 2 (7). Intervention in the UN Charter is contained in

Chapter VII of the UN Charter regarding actions related to threats to peace, violations of

peace and acts of aggression.2 Chapter VII of the UN Charter which consists of thirteen

articles (Articles 39 - 51) basically justifies two types of intervention actions in the UN

Charter, namely collective intervention on the mandate of the UN Security Council and

intervention in self-defense.

In the UN Charter, the issue of regional cooperation is described in Chapter VIII

Articles 52-54, which generally states that there is no objection from the UN to the existence

of Regional Organizations, insofar as the Regional Organization can create, maintain and

preserve world security and peace, especially at the regional level in accordance with what is

stated in Chapter I of the UN Charter Articles 1 and 2, and make full efforts to apply the

principles of peaceful settlement of disputes stated in Chapter VI of the UN Charter with the

assistance of the Security Council. In the same chapter, the authority of Regional

Organizations is limited, as Article 53 explains that no action may be taken under regional

agreements or by regional bodies without Security Council authorization.

In practice, contrary to UN expectations, regional organizations have generally not

consistently conducted their activities in the manner provided for in the principles of the UN

Charter. On many occasions, regional organizations undertook enforcement actions without

authorization from the Security Council. Even further, regional organizations have assumed

competence to determine the existence of threats or breaches of the peace, which is the

competence of the Security Council under Article 39 of the Charter.

Recent years have seen a decentralization of the Security Council's authority as seen in

the cooperation between the UN and Regional Organizations on peacekeeping and security.

On the other hand, while this cooperation is valuable, the involvement of the Security

Council will only be necessary if regional measures are inadequate. Regional organizations,

as we have seen, sometimes contribute constructively to dispute resolution without external

assistance. Encouraging regional organizations to use their own resources allows the UN to

focus its attention on intra-regional disputes, thus creating a useful division of labor.

The practices developed above certainly raise concerns about the abuse of excessive

authority of Regional Organizations in upholding international peace and security. Some

examples of the involvement of Regional Organizations in maintaining international peace

and security include the dispatch of Commonweath of Independent States (CIS) security

forces in Georgia during the civilian government vacuum in 1994, the dispatch of Economic

Community Of West African States (ECOWAS) peacekeepers in Sierra Leone in 1997, Ivory

Coast in 2003, and Liberia in 2003, peacekeeping operations carried out by the Economic and

Monetary Community of Central Africa (CEMAC) in 2002 replacing the Community of

Sahel-Saharan States CEN-SAD forces that had been there since 2001; a peacekeeping force

sent by the Organization of African Unity (OAU) to Sudan's western Darfur, to accompany

African Union researchers there.

Overview of Regional Organizations

History records that countries can coexist based on the spirit of cooperation between

them. The pattern of relations between countries was initially based solely on geographical

conditions and proximity among themselves. Today, we can see universal, regional and even

sub-regional groupings of countries with various motivations, such as political, social or

economic similarities. However, the development of the pattern of relations between states in

international organizations was initially not very interesting until the League of Nations

(LBB) and the United Nations (UN) were formed.

The development of international organizations, of course, began long before the LBB

and the UN. Countries in Europe and the Americas have initiated the formation of a number

of regional organizations although most of them focus only on economic issues between

countries. The International Telegraph Union (ITU) and the Universal Postal Union (UPU)

are examples of universal organizations that have existed since 1865 and 1875.

The outbreak of the first world war has encouraged awareness of the importance of

establishing a more effective and universal international organization. The LBB was the first

international organization that was universal in nature and emphasized the political aspects of

its formation. The LBB Covenant recognizes and respects pre-existing regional cooperation

among states to coexist with the LBB. However, while Article 21 of the LBB Covenant

mentions regional organizations, the Covenant itself does not specify the role of regional

organizations.

The establishment of the UN in 1945 was a turning point for the development of

regional organizations in international law. Not only because the UN continues to regulate

regional organizations as in the LBB Covenant, but the UN Charter also provides an

important role for regional organizations to play an important role in the international arena.

The UN Charter has laid the foundation for the role of regional organizations in the

provisions of Chapter VIII of the Charter.

Furthermore, there were several factors that contributed to the increasing political

importance of international organizations. One of the most important was the formation of the

European Community, which would later become the forerunner of the European Union. The

big wave of regionalism came especially in the 1960s, when the development of regional

organizations grew tremendously. The growth of these organizations was motivated by

various forms and objectives, ranging from the establishment of microeconomic

organizations to macro-regional organizations. This development has ultimately made it

difficult for scholars to distinguish between the various kinds of regional organizations.

Joseph Nye defines a regional organization as a limited number of states linked together

by a geographic relationship and by a degree of mutual interdependence.7 Nye also argues

that the role played by regional organizations differs greatly depending on their

characteristics. These characteristics are influenced by, among other factors, geography,

availability of resources and organizational structure. Differences in these factors will affect

the form of Regional Organizations and the organs that support them. These different

characteristics will also affect the conflict resolution mechanisms and procedures adopted to

resolve disputes between members of a regional organization.

The emergence of the spirit of regionalism was the frequent use of the veto in the UN

Security council forum by the US and the Soviet Union, so many countries tried to find

alternative solutions to their disputes by using regional issues.

The organization operates through a combination of supranational and

intergovernmental systems. In some areas, decisions are made by consensus among the

member states, and in others the supranational organs carry out their responsibilities without

the need for the consent of the members. Important organs within the EU are the European

Commission, the Council of the European Union, the Council of Europe, the European Court

of Justice, and the European Central Bank. There is also the European Parliament whose

members are directly elected by the citizens of the member states.

Fourth, the Association of South East Asian Nations (ASEAN). It was established on

August 8, 1967 in Bangkok, the capital of Thailand which was initiated by five countries in

Southeast Asia through their foreign ministers. These countries are; United States (Adam

Malik), Malaysia (Tun Abdul Razak), Thailand (Thanat Khoman), Philippines (Narciso

Ramos) and Singapore (S. Rajaratnam). The establishment of ASEAN was marked by the

signing of the Bangkok Declaration.

The objectives of the establishment of ASEAN are set out in the text of the Bangkok

Declaration, including the following:9 1). To accelerate economic growth, social progress

and cultural development in the ASEAN region through joint efforts in spirit and friendship

to strengthen the foundation of a prosperous and peaceful community of Southeast Asian

nations; 2). Promote regional peace and stability by respecting justice and law and order

within the countries of the ASEAN region. In addition, abide by the principles of the United

Nations Charter; 3). Promote active cooperation and mutual assistance in addressing issues of

common interest in various fields. For example, in the economic, social, cultural, technical,

scientific and administrative fields; 4). Provide mutual assistance in the form of training and

research facilities in educational, professional, technical, and administrative fields; 5).

Promote more effective cooperation in increasing the use of agriculture and industry,

expanding international trade in commodities, improving transportation and communication

facilities, and improving their living standards; 6). Maintain closer cooperation and join other

international and regional organizations to explore all possibilities of closer cooperation

among themselves.

ASEAN membership is open, meaning that countries in the Southeast Asian region that

have not joined ASEAN are possible to become members of ASEAN by fulfilling the

predetermined requirements. On January 7, 1984 Brunei Darussalam joined and was accepted

as the sixth member of ASEAN. On July 28, 1995 Vietnam joined and was accepted as the

seventh member of ASEAN. Laos and Myanmar joined and were accepted as ASEAN

members on July 23, 1997. The last member is Cambodia joined and was accepted as a

member of ASEAN on December 16, 1998. Thus the number of ASEAN members is 10

countries.

To determine the criteria of how a region can be conceptualized, a number of

international law experts have proposed a number of theories that can be used as arguments

to determine the cohesiveness of a region, some of these theories include:

First; Geographical Proximity. The theory of Geographical Proximity is the most

commonly used theory to justify the formation of regional organizations. This theory is based

on the simple principle that regional proximity can lead to regional cohesiveness.

Membership of regional organizations that adhere to this principle is in practice very closed

to other countries outside the region. Nye emphasizes the importance of geographical

contiguity in the formation of a regional organization, and geographical contiguity is highly

dependent on proximity and compactness.

Second; Multidimensional Conception. According to this theory, a regional

organization should not only be based on geographical proximity. Today's social, economic,

political, defense and security conditions should allow countries to form ties with common

goals that are not limited by geographical proximity. Countries can choose with whom they

will form organizations for the benefit and smooth running of their evolving social,

economic, political, defence and security objectives.

Third; Neofunctionalist Approach. Neofunctionalist theory initially considers that today

there are various kinds of problems that develop among countries in the world that can no

longer be resolved by one country alone, so this theory proposes the need for an organization

that brings together countries to solve these problems together. This theory also argues that

regional organizations in principle absorb some of the sovereignty of their member states, so

that the regional organizations formed have the authority and power to achieve goals as

agreed upon by the member states of the regional organization.

Fourth, the Teleological Approach. Teleological approach is a theory that tries to

explain the formation of regional organizations based on the objectives contained in the

regional agreement that underlies the formation of the regional organization. In other words,

countries that are entitled to become members in the regional organization are countries that

can and are in accordance with the objectives in the regional agreement which is the basis for

the formation of a regional organization. Countries that are not expected to support the

achievement of the organization's objectives cannot be included in the regional organization

criteria.

Fifth; Structuralist Perspective. The structuralist perspective basically divides regional

issues into two regions, namely the northern and southern regions. The importance of

dividing the regions of the world into two major regions, namely north and south, is due to

the considerable differences between these two regions, especially regarding development

and economic achievements.

Sixth, the Diversity Approach. This theory tries to summarize the various classifications

that are not summarized in the following theories. This is because it is still very possible that

in the future there are regional organizations that cannot be classified based on the theories

that have previously been put forward, so the diversity approach theory was chosen to justify

this.

Regional Organizations in the UN Charter

The UN Charter has explicitly facilitated the involvement of regional organizations in

international peacekeeping and security activities where previously the League of Nations

(LBB) did not provide this arrangement. The provisions of Chapter VIII of the UN Charter

have provided a legal basis for regional organizations to settle disputes among their member

states by peaceful means. This provision also allows and encourages regional organizations to

take all initiatives to resolve disputes that occur in their region independently without any

interference from the UN Security Council. However, Chapter VIII prohibits regional

organizations from committing acts of violence without authorization from the UN Security

Council.

Furthermore, as is known the main purpose of the UN is to maintain international peace

and security. To achieve this goal, the UN will take effective joint measures to prevent and

avoid threats to peace in addition to stopping acts of aggression or other violations of peace

and seeking settlement through peaceful means, in accordance with the principles of justice

of international law.

In an effort to create international peace and security to resolve a dispute, the UN has

four groups of actions, in general the four groups of actions are:

First; Preventive Diplomacy. Preventive Diplomacy is an action to prevent a dispute

from arising between the parties, prevent a dispute from escalating, or limit the expansion of

a dispute. This can be done by the UN Secretary General, the Security Council, the General

Assembly, or by regional organizations in cooperation with the UN.

Second; Peace Making. Peace Making is the act of bringing disputing parties to mutual

agreement, particularly through peaceful means as outlined in Chapter VI of the UN Charter.

The UN's purpose in this regard falls between the tasks of preventing conflict and

maintaining peace. Between these two tasks lies the obligation to try to bring the disputing

parties to an agreement by peaceful means.

Third; Peace Keeping. Peace Keeping is the act of mobilizing the UN presence in

maintaining peace with the agreement of the parties concerned. Usually the UN sends

military personnel, UN police, and also civilian personnel. Although they are military in

nature, they are not war troops or armed forces (army).

Fourth; Peace Building. Peace Building is the act of identifying and supporting

existing structures to strengthen peace to prevent a reconciled conflict from turning back into

conflict. Peace building comes after conflict.

To realize this action, the UN is authorized in accordance with Chapter VII of the

Charter to take actions deemed necessary, including the formation of international troops if

the settlement of disputes by peaceful means is not successful. The development of troop

arrangements under the UN flag has undergone many changes since the first generation of

peacekeepers, until the birth of multinational forces as a form of solution to international

dispute resolution with the use of weapons. International law itself, in certain circumstances,

gives the right to a state to intervene against another state. This situation is indeed an

exception and these circumstances include:14 1). collective intervention in accordance with

the UN charter; 2). to protect the rights and interests, as well as the safety of the lives of its

citizens abroad; 3). self-defense, if intervention is necessary to eliminate the danger of a real

and threatening armed attack; 4). in handling the affairs of a protectorate under its dominion;

5). if the intervening state has clearly violated international law, especially concerning the

intervening state, for example if the state itself intervenes by ignoring the rules of

international law.

Intervention can simply be defined as the interference of a state in the internal affairs of

another state or in the affairs with another state by using force or the threat of force.

Collective intervention under the mandate of the UN Security Council which is allowed

and regulated in the UN Charter begins with the provisions of Article 39. Under the

provisions of Article 39, the Security Council will first determine whether or not there is a

threat to the peace, a breach of the peace and a violation of the peace aggression to

subsequently take action in order to maintain or restore international peace and security.

The exercise of these special rights to intervene in resolving disputes must be

subordinated to the primary obligations of states under the provisions of the UN Charter.

Thus, unless the UN Charter authorizes it, intervention does not extend to the threat or use of

force against the territorial integrity or political independence of any state.

According to Chapter VII of the Charter, the Security Council can impose sanctions on

UN member states in 3 ways, namely: First, if a state commits an act that threatens the peace;

Second, if a state violates the peace; and Third, if a state launches aggression against another

state. Furthermore, the Security Council decides that there is a state action that threatens

peace, violates peace, and aggression, the Security Council can take coercive measures as

specified in Chapter VII of the Charter, ranging from imposing economic sanctions to

imposing military sanctions.

According to Article 41 of the Charter, the UN Security Council can determine steps

without the use of military force so that its decisions can be implemented, and in this case the

Security Council can also call on all UN members to determine steps, including; termination

of economic relations, air, sea, railroad, radio and other communications either partially or

completely and termination of diplomatic relations. Furthermore, if the sanctions imposed are

deemed inadequate, ineffective or still not adhered to, the Security Council can take military

action by land, sea and air if deemed necessary for the maintenance and restoration of

international peace and security.

Article 42 of the Charter thus provides for the use of armed force by the Security

Council to enforce its decisions. To be able to carry out the action of the use of armed force

must first be formed Armed Force (armed forces). The next effort taken by the UN Security

Council is to establish a peacekeeping force.

In resolving a dispute, Regional Organizations also have a role, albeit a more limited

one. The role played by regional organizations differs greatly depending on the

characteristics of the organization. These characteristics are influenced by geography,

availability of resources and organizational structure. Differences in these factors will affect

the form of the Regional Organization and the organs that support it. These characteristics

will also affect the conflict resolution mechanisms and procedures used to resolve disputes

between members of a Regional Organization.

The European Union, the most advanced Regional Organization today, has the

European Court of Justice, a specialized organ responsible for any dispute settlement efforts

between EU member states, whose jurisdiction covers all member states, important organs of

society and legal citizens of member states. This is described in the Treaty of Amsterdam

(1997) which came into force in 1999.

The North Atlantic Treaty Organization (NATO), established in 1949, also has

procedures for resolving conflicts between its member states. In 1956, NATO's main organ,

the North Atlantic Council, formulated a commitment outlining that, disputes that cannot be

resolved through direct negotiations should be submitted and discussed under NATO

procedures and in NATO forums before being brought to the attention of international

organizations outside NATO. The resolution also states that both the Secretary General and

member states have the right and duty to bring to the attention of the council threats that

could affect the solidarity and effectiveness of the alliance. Furthermore, the Secretary

General is authorized as a mandated facilitator to organize investigations, mediations, or

arbitrations for member states in conflict.

The Warsaw Pact, founded by the Soviet Union and covering most of Eastern Europe,

had an economic cooperation platform established in 1949, the Council for Mutual Economic

Aid, but without a dispute settlement organ. This organization disintegrated with the collapse

of the Soviet Union and the end of the Cold War and was replaced by the Commonwealth of

Independent States (CIS) led by the Russian Federation.

Many other Regional Organizations each have their own dispute resolution procedures

that are formulated based on agreements that have been agreed upon by their member states,

such as; Conference on Security and Cooperation in Europe (CSCE) which later turned into

the Organization for Security and Cooperation in Europe (OSCE); Organization of American

States (OAS) with conflict resolution provisions clearly stated in the Bogota Pact;

Organization of African Union (OAU); and Organization of the African Union (OAU). The

Islamic Conference (OIC), each of which has its own organs in dispute resolution efforts that

occur between its member states.

The end of the cold war era can be considered a turning point in the increasing role of

regional organizations in maintaining world peace and security. A more significant

development was initiated by the intervention of the Economic Community of West African

States (ECOWAS) in 1990 into Liberia.21 This activity is considered by the UN as a new era

in which a regional organization can make a major contribution to the maintenance of

international peace and security as long as it does not conflict with the objectives and

principles contained in the UN Charter.

The provisions in this article are considered by international law scholars as a form of

inheritance of the use of force from the UN to regional organizations. Except in the

framework of self-defense22 or actions against enemies of previous states,23 regional

organizations are not allowed to commit acts of violence outside the provisions of Article 53

paragraph (1).

Enforcement action can be defined as 'any action which would itself be a violation of

international law, if taken without either some special justification or without the

contemporaneous consent or acquiescence of the target state'. This definition explicitly states

that without justification and acquiescence (in international law, any act of violence must be

publicly communicated to the target state), it is a violation of international law. The use of

force is also defined as 'all coercive actions other than valid defensive actions', which means

that all coercive actions other than valid defensive actions are permitted.

At the time the UN Charter was drafted, there was debate over the draft Chapter VIII.

In the previous draft of the UN Charter proposed by the Soviet Union, the term 'enforcement

action' coexisted with the term 'coercive action'. Basically, the countries involved in the

debate on the formation of the UN Charter did not agree at all with the idea of the use of

force either based on the connotation of the word enforcement or coercion.24 The terms

enforcement and coercion actually refer more to the scale of the use of force (smaller or

larger). Nevertheless, the final draft of Chapter VIII that was accepted was only enforcement

action.

The Role of Regional Organizations in the Maintenance of International Peace and

Security

The birth of the discourse on decentralizing the use of force under Chapter VII of the

UN Charter by the Security Council to regional organizations was actually born from the

deficiencies in the practice of implementing Chapter VII by the Security Council itself. The

crises in Liberia (1989-1997), Siera Leone (1997-2001), Kosovo (1992), Rwanda (1994), and

Iraq (2003) have illustrated that consensus is not always reached by the UN Security Council

in resolving a security and peace crisis that requires immediate action under Chapter VII. The

consequences of this failure have led some states to resort to military action without

authorization from the Security Council.

A number of unilateral actions taken by some regional organizations have undoubtedly

been blamed for the Security Council's slow action to take decisions on threats to security and

peace.

The Practice of Decentralizing the Authority of the UN Security Council to Take

Violent Measures Under Chapter VII of the UN Charter to Regional Organizations

In the context of collective maintenance of peace and security, there are at least three

types of actions commonly taken by the Security Council. First, the Security Council

requests UN member states to take collective action on behalf of the international

community; Second, the Security Council undertakes the maintenance of peace and security

through peacekeeping institutions, although sometimes these institutions do not have a

mandate from the Security Council; and Third, the Security Council invites regional

mechanisms to be actively involved in implementing Security Council decisions taken under

Chapter VII.

One of the practices of maintaining international peace and security is the practice

carried out by ECOWAS during the conflict in Liberia (1987-1999). This practice by

ECOWAS not only became a law on how regional organizations can play a role in the

maintenance of international peace and security, but also contributed new ideas in terms of

the relationship between the UN and regional organizations. During this conflict In the end,

the UN and ECOWAS formed a joint peacekeeping force, which was the first joint force

created in UN history, especially after the end of the cold war era.

The Republic of Liberia is a country on the west coast of Africa bordered by Sierra

Leone, Guinea, and Ivory Coast. Liberia was hit by two civil wars (1989-1996 and 1999-

2003) that displaced hundreds of thousands of people and devastated the country's economy.

In the First Civil War,27 to deal with this conflict, African countries that were members

of ECOWAS tried to find a solution and cooperated with the United Nations, to establish the

United Nation Peace Building Support Office in Liberia (UNOL). This mission was a UN

peace mission with an emphasis on political efforts to support the Liberian Government in

holding multi-party elections.

The second practice, which is also important, is NATO's involvement in conflict

resolution in Yugoslavia. Yugoslavia is a Federative Republic located in the Balkans. The

country was divided into several states, namely: Bosnia-Herzegovina with Sarajevo as its

capital, Hrvatska Croatia with Zagreb as its capital, Serbia with Belgrade as its capital,

Montenegro with Belgrade as its capital, Slovenia with Ljubljana as its capital, Macedonia

with Skopje as its capital, Kosovo with Pristina as its capital, and Vodjvodina with Novi sad

as its capital.

The UN Security Council approved the deployment of the United Nations

Peacekeeping Force (UNPROFOR). These troops were stationed in Krajina Serb-occupied

Croatia in the so-called United Nation Protection Area (UNPA) and throughout the former

Yugoslavia. These UN efforts did not bring the expected results.

The First Liberian Civil War lasted from 1989 to 1997. It was a civil war between the

Government and the Patriotic Front of Liberia (NFL), which resulted in the killing of

150,000 civilians and 850,000 refugees. The Second Liberian Civil War was fought in 1999

when a rebel group aided by the Government of Guinea, Liberians United for Reconciliation

and Democracy (LURD), emerged in Northern Liberia. In early 2003, a second rebel group,

the Movement for Democracy in Liberia, emerged in the South, and by June-July 2003,

Charles Taylor's government controlled only a third of the country. Liberia's capital

Monrovia was besieged by the LURD, leading to the deaths of many residents.

28 Under the leadership of Joseph Broz Tito, Yugoslavia's economic and political

sectors were successfully developed, but the socio-cultural problems were not resolved. In the

late 80s the Yugoslav economy deteriorated. This situation led to the desire of each state to

leave the federation and become independent, respectively Croatia, Slavonia, Macedonia,

Bosnia and Herzegovina, Montenegro, and two autonomous regions namely Kosovo and

Vodjvodina. The debate over Serbian Centralism and the Federation of the states into Greater

Serbia intensified after Tito died and the communist Soviet Union collapsed. The war

between Serbia and Croatia became more protracted. In the face of this, the European

community appealed to the UN Security Council to resolve the conflict. UNPROFOR's

mandate was later changed to the United Nations Peace Forces (UNPF) based in Zagreb with

three implementing organizations namely the United Nations Confidence Restoration

Operation (UNCRO) in Croatia, the United Nations Protection Force (UNPROFOR) in

Bosnia-Herzegovina, and the United Nations Preventive Deployment Forces (UNPREDEF)

in Macedonia.

Although the UN's efforts to resolve the conflict were unsuccessful, progress was made

with the signing of the Dayton Agreement and the Paris Agreement in late 1995. Under these

agreements, the UN mission in Bosnia and Herzegovina was replaced by the NATO-led

Implementation Forces (IFOR). Thereafter, UNPF was liquidated into three stand-alone

missions: UNPREDEF in Macedonia, United Nations Military Observer Mission In Prevlaka

(UNMOP) in Prevlaka. NATO as a regional organization was still tasked with overseeing the

mission until its completion.

From the practices mentioned above, it can be concluded that the practice of

decentralization of authority by the Security Council to regional organizations has worked

and even effectively managed to reduce the escalation of conflicts that developed at that time.

The problem that arises is that the two practices mentioned above were initially unilateral

actions carried out by regional organizations (ECOWAS and NATO) without prior approval

from the Security Council. This is a clear violation of Chapter VIII of the UN Charter, which

requires that any international peacekeeping and security measures taken by regional

organizations must be approved by the UN Security Council.

Against this debate, there are then several arguments that try to answer that not all

actions of regional organizations in maintaining international peace and security are

considered to violate the UN Charter. There are at least five legal arguments that can be

compiled and become the basis for the decentralization of authority to maintain peace and

security by the UN Security Council to regional organizations. These arguments include:

First, under the UN Charter, countries that are members of regional organizations can

use regional mechanisms to resolve their disputes. The dispute settlement action taken is the

settlement of disputes through peaceful mechanisms. Legal experts further argue that

peaceful dispute settlement is actually an integral part of the collective security system. In

other words, that a peaceful dispute settlement approach to maintaining peace and security is

the earliest recommendation that must be taken, and if this mechanism fails, then within the

framework of the collective security system, the regional organization has the right to take

decisive action in order to restore peace and security in its territory;

Second, decentralization of Security Council authority to regional organizations is

transferable under Article 53 of the UN Charter.

Third, based on Article 106 of the UN Charter on transitional security provisions.

This provision explains that in order to realize the objectives of maintaining international

peace and security as stated in Article 43 of the UN Charter,29 there are transitional security

provisions that allow the UN Security Council and all member states to take action to

maintain international peace and security as deemed necessary.

The fourth argument is one that is not found in the UN Charter. The UN Security

Council can grant some of its authority to regional organizations based on the doctrine of

implied power. The idea of this doctrine was originally coined by US thinker Alexander

Hamilton. Hamilton argued that an organization such as the UN was of course formed with a

number of authorities and functions attached to the organization. However, in line with the

development of problems and demands, the UN can share its authority by involving other

organizations, especially in terms of common goals. In other words, the UN has the right to

delegate some of its authority or functions to other organizations, when things happen that

threaten the objectives of the UN itself, in this case the maintenance of international peace

and security;

Fifth; The last argument is the argument put forward by Professor Koskenniemi,

namely the doctrine of 'last resort'. Koeskenniemi argues that in order to maintain

international peace and security, states should be able to All Members of the United Nations,

in order to contribute to the maintenance of international peace and security, undertake to

make available to the Security Council, at its call and in accordance with a special agreement

or agreements, armed forces, assistance, and facilities, including rights of passage, necessary

for the purpose of maintaining international peace and security. Such agreement or

agreements shall govern the numbers and types of forces, their degree of readiness and

general location, and the nature of the facilities and assistance to be provided. The agreement

or agreements shall be negotiated as soon as possible on the initiative of the Security Council.

They shall be concluded between the Security Council and Members or between the Security

Council and groups of Members and shall be subject to ratification by the signatory states in

accordance with their respective constitutional processes can take action through regional

organizations, especially if the UN Security Council is unable to act due to a veto;

These five arguments are the basis for justifying the mechanism of delegating

authority from the UN Security Council to regional organizations in order to carry out acts of

violence under Chapter VII of the Charter. In addition to the five arguments mentioned

above, today there is also a mechanism for the use of force in order to uphold the universal

values of human rights, namely humanitarian intervention.

The essence of the above definition of humanitarian intervention is the threat or use of

force across national borders by a state or group of states, with the aim of preventing or

ending gross and widespread human rights violations against individuals who are not its

nationals, without the authorization of the state where the force is used. The reason why

humanitarian intervention is not included in the previous five arguments is because

humanitarian intervention is more of a moral obligation than a legal obligation, so this

mechanism still leaves much debate.

Provisions of International Law Governing the Decentralized Role of International

Organizations in the Maintenance of Peace and Security in Their Territories

The provisions of international law governing the decentralized role of international

organizations in the maintenance of international peace and security are principally divided

into two legal instruments, namely: a). Based on the UN Charter; and b). Based on

international treaties which are the main instruments of the regional organizations

themselves.

The Decentralized Role of International Organizations in the Maintenance of Peace and

Security Under the UN Charter.

In principle, the maintenance of international peace and security is the primary task of

the UN Security Council. This is because the UN Charter itself has given a number of powers

and functions that are only attached to the UN Security Council and not to other main organs.

This rule is contained in Article 24 of the UN Charter.

Regarding the authority of regional organizations in maintaining international peace

and security, the UN Charter itself recognizes and regulates the role of regional organizations

in resolving disputes by peaceful means as contained in Article 33 paragraph 1 of the UN

Charter.

The provisions of Article 52 above indicate the existence of two terms or notions,

namely regional arrangements and regional agencies. The term regional arrangements refers

to (regional) agreements or regional multilateral agreements. In this case, countries in a

certain region agree to regulate their relations in the field of dispute resolution, without

establishing a permanent institution or body (fixed) or a regional international organization

that has the status of a subject of international law. Examples of treaties such as the European

Convention for the Peaceful Settlement of Disputes (1957) and the American Treaty on

Pacific Settlement (Pact of Bogota, 1948).

The second term, regional agencies, refers to a regional international organization

with status as a subject of international law. This status is important for carrying out its

functions in the maintenance of international peace and security, including the settlement of

international disputes. Examples of such agencies are the League of Arab States, 22 March

1945; the Organization of American States, established under the Bogota Charter, 30 April

1948; the Organization of African Unity, 25 May 1963; and the Council of Europe,

established under the Treaty of London, 5 May 1949.

The term regional agenciesor arrangements can also mean agreements on a more

specialized matter, namely the establishment of a system formed by several regions in the

world for the development of specific areas of international law, such as the protection of

human rights, economic integration, natural resources, and so on.

Furthermore, by virtue of being transferred under Article 53 of the UN Charter,

regional organizations are entitled to receive authority from the Security Council. Article 53

is the most central argument regarding the acceptable right of regional organizations to take

violent action in their territories.

The Decentralized Role of International Organizations in the Maintenance of Peace and

Security Under International Treaties

Based on the doctrine of implied power, in principle, by referring to the main

instruments of a regional organization, a regional organization can actively participate in the

process of maintaining international peace and security. A number of regional organizations,

for example, explicitly mention the importance of maintaining international peace and

security and are committed to combating any efforts or actions that threaten peace and

security in their territories.

NATO, for example, states in its core instrument that a threat to one member state is a

threat to another member state and reserves the right to launch a defensive attack.

Regional organizations such as ECOWAS have gone a step further by not only

including provisions on international peacekeeping and security commitments in its territory,

but also specifically creating a convention governing the handling and use of arms and

ammunition for peaceful purposes in the West African region.

Furthermore, although the role of regional organizations in the maintenance of

international peace and security today is quite advanced, this role certainly leaves a number

of problems as well as bringing a number of benefits. The advantages gained from the role of

regional organizations in the process of maintaining international peace and security include:

a). Reducing the burden on the UN budget, especially in terms of sending international

peacekeeping and security operations; b). Developing dispute resolution mechanisms that are

more regional in character, so that dispute resolution is more acceptable; and c). Increase

independence among regional organizations.

There are a number of problems that must be solved related to the role of regional

organizations in the maintenance of international peace and security, among others: a). The

UN's difficulty in obtaining reports on every action taken by regional organizations; and b).

Difficulties to limit and regulate the actions taken by regional organizations.

Conclusion

The practice of decentralizing the authority of the UN Security Council in carrying out

acts of violence under Chapter VII of the UN Charter to Regional Organizations is not

contrary to the provisions of the UN Charter. This is not only supported by a number of

interpretations of the contents of the Articles in the UN Charter, but also supported by a

number of doctrines developed and recognized by international law; The provisions of

international law governing the decentralized role of international organizations in the

maintenance of peace and security in the region are generally divided into two groups of legal

instruments, namely based on the UN Charter, and those based on international treaties which

are the main instruments for the formation of regional organizations themselves. Along with

the development of the role of regional organizations in the maintenance of peace and

security, it is necessary to make a clearer arrangement, especially regarding the limits and

mechanisms of responsibility for any actions that have been taken by regional organizations,

especially when taking a role in maintaining peace and security in the region.

Overview of Regional Organizations

History records that countries can coexist based on the spirit of cooperation between

them. The pattern of relations between countries was initially based solely on geographical

conditions and proximity among themselves. Today, we can see universal, regional and even