This Note argues that the Security Council has not met its responsibility to restore international peace and security in Bosnia, and that it therefore must rescind Resolution 713 as it pertains to Bosnia. Part I provides a background of the events surrounding the outbreak of conflict in Bosnia, and introduces the standard by which the United Nations may preempt a member state's right to self-defense. Part I also presents the international human rights documents that are relevant to the conflict. Part II examines U.N. attempts to restore international peace and security in Bosnia. Part III argues that the continuation of massive human rights violations necessitates that the United Nations either immediately and effectively implement its resolutions, or lift the arms embargo and permit Bosnia to exercise its Article 51 right to self-defense. This Note concludes that the Security Council's failure to restore international peace and security and to satisfy the Article 51 criteria for terminating a member state's right to self-defense undermines the ability of the United Nations to respond to future conflicts.
Gideon A. Moor,
The Republic of Bosnia-Herzegovina and Article 51: Inherent Rights and Unmet Responsibilities,
18 Fordham Int'l L.J. 870
Available at: http://ir.lawnet.fordham.edu/ilj/vol18/iss3/8