Le attività di mantenimento della pace nei rapporti tra Nazioni Unite e organizzazioni regionali (II parte)

The development of relations between UN and regional organizations in the maintenance of peace (including the management of conflicts with destabilizing effects for the States concerned) has been favored by the absence of a predetermined notion of ‘regional organization’ in Chap. VIII of the UN Charter. These entities have gradually assumed duties in relation to the maintenance of peace and international security. In view of the application of Chap.VIII, account should be taken of the treaties upon which regional organizations are founded. Among these treaties, there is the founding document of the African Union, complemented by the Protocol setting up AU Council. This is given the power to authorize peace-keeping operations, which are kept distinct from any intervention on behalf of the Union. The rules in question cannot be interpreted in isolation, they must be interpreted and applied by the States operating within the AU and its Council in accordance with the combined provisions of Articles 2, par. 4, 24, and 53 of the UN Charter. The view that recognizes the autonomy of the AU Council from the UN Security Council is not reflected in practice. The emerging partnership with UN appears to be characterized by a dependence of the regional organization on the resources provided by the UN, as well as by other regional organizations (such as the EU and NATO) and Western States. The Security Council has rarely invoked Chap. VIII, and has recurrently acted on the basis of Chap.VII. The reference to Chap. VII is indicative of the seriousness of the situation: the resolutions of the Security 160 Ancorché con riferimento a situazioni diverse, v. PICONE, Considerazioni, cit., 216 ss. 161 In argomento v. BOISSON DE CHAZOURNES, op. cit., 288; con indicazioni (in nota 629) sul valore da riconoscere a un consenso successivo rispetto al momento in cui debba essere reso, LLOPS, op. cit., 344 ss.; CONFORTI, FOCARELLI, op. cit., 347. MANTENIMENTO DELLA PACE E RAPPORTI UN/ORGANIZZAZIONI REGIONALI 27 Council are to be understood in the light not only of their contents but also of the relevant operational context. On this basis it is possible to understand what the effects of their adoption in any specific case may be. This should lead us to focus on the reasons for authorization in the operational environment. One can pose the question of the admissibility and significance of the acts in which the Security Council takes a clear position in favor of the operation already initiated by the regional organization, without its previous authorization. In these situations, the Security Council acknowledges, understands or tolerates what has already happened and then, albeit implicitly, determines the actual existence of the conditions in the context of the operation in question, thus bringing it back within the UN system established by the Charter.