Chapter VII UN Charter (Articles 39-51) governs ACTION WITH RESPECT TO THREATS TO THE PEACE. Article 39 empowers the Security Council to:
Adepose the head of State of any country considered aggressive (cf. UN Charter 1945, Article 39) (cf. UN Charter 1945, Article 39)
Bwithdraw a State's membership from the UN automatically (cf. UN Charter 1945, Article 39) (cf. UN Charter 1945, Article 39)
Cimpose monetary fines on State actors in international tribunals (cf. UN Charter 1945, Article 39) (cf. UN Charter 1945, Article 39)
Ddetermine the existence of any threat to the peace, breach of the peace, or act of aggression and to make recommendations or decide measures under Articles 41 and 42
Answer & Solution
Correct answer: D. determine the existence of any threat to the peace, breach of the peace, or act of aggression and to make recommendations or decide measures under Articles 41 and 42
1. Article 39 UN Charter: 'The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.'
2. Article 41: measures NOT INVOLVING the use of armed force (sanctions — economic, communications, diplomatic).
3. Article 42: AIR, SEA, OR LAND FORCES as may be necessary; the Council's Charter-based authorisation of military action.
4. The 'definition of aggression' is in GA Res 3314 (XXIX) of 14 December 1974, codified for ICC jurisdiction in Article 8 bis of the Rome Statute (Kampala 2010 Amendments).
5. Hence option A is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — UN Charter 1945, Article 39_
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