§ Lord Juddasked Her Majesty's Government:
What is their current interpretation of Article 53 of the Charter of the United Nations on the relationship between regional security measures and the Security Council; and what is their current assessment of the effectiveness of its application. [HL238]
§ The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean)Under Article 53 of the United Nations (UN) Charter, enforcement action under regional arrangements described in Article 52 requires Security Council authorisation. As I said in my Written Answer to the noble Lord, Lord Kennet, on 16 November (WA 140) the prohibitions on the use of force contained in the UN Charter do not preclude the use of force by a state or group of states in accordance with Article 51 or under the authority of the Security Council acting under Chapter VII of the Charter. Cases have also arisen when, in the light of all the circumstances, a limited use of force was justifiable in support of the purposes laid down by the Security Council but without the Council's express authorisation when that was the only means to avert an immediate and overwhelming humanitarian catastrophe. Such cases would in the nature of things be exceptional and would depend on an objective assessment of the factual circumstances at the time and on the terms of relevant decisions of the Security Council bearing on the situation in question.
We are working to ensure the closest possible co-operation between the Security Council and regional arrangements. I draw the noble Lord's attention to the 30 November statement by the President of the Security Council "Enhancing Monitoring of Activities authorised by the Council but carried out by member states or Coalitions of States", which has been placed in the Library of the House.