حدود صلاحيات هيئة الأمم المتحدة بين النصوص والتطبيق.

Abstract

The limits of the powers of intergovernmental organizations, according to the general theory of intergovernmental organizations, are represented in the principle of non-interference and the right to self-defense, and in reality these are legal limits stipulated in their founding charters, because the organizations intergovernmental organizations cannot interfere in matters which belong to the sovereign sector of States. Members of Parliament under the pretext of exercising their powers, and this cannot prevent them from exercising their right to self-defense on the basis of the same argument. On the basis of what we have said, the limits of the powers of the United Nations are mentioned in Articles (2/7) and (51) of the charter. The first includes the restriction of internal jurisdiction, under which the United Nations is not authorized to interfere in matters pertaining to the internal sector of Member States, with the exception of Binding measures taken by the Security Council in the event of a threat to the peace and international security or violation thereof, or in the event of aggression. However, at present, many issues have been internationalized by removing them from the sovereign sector to the international sector, and the application of the exception mentioned in Article (2/7) of the Charter has also been broadened, by adapting many facts as constituting a threat to international peace and security, so that we can say that the changing roles and functions of the United Nations, and the expansion of the list of exceptions contained on the rule of non-intervention, is due in particular to the adoption of the theory of implicit competences. Article ( 51) of the charter recognized the right to self-defense , and formalized it, to represent a restriction on the powers of the United Nations, which can not prevent any member State from exercising this right, if its legal conditions are met. Nor can it prevent non-member States from exercising this right, as it is a natural right, and an axiom of international criminal law, as it represents a general international customary rule, before it is recognized in international treaties. In fact, the right to self-defense from the legal point of view, is an exception to the general rule that prohibits the use or threat of armed force in international relations, as stipulated in article (2/4) of the Charter, as well as an exception to the general rule preventing interference In the affairs of states, which represent the general concept of article (2/7) of the Charter, as it is a legitimate armed interference in the affairs of the aggressor State. Despite the clarity of the international legal system for the use of armed force in international relations as a rule and an exception, many countries have used it in cases other than those specified in accordance with the law, under the cover of preventive and proactive defense, which is a flagrant violation of the Charter of the United Nations, as well as armed aggression that must be confronted through the exercise of the right to self-defense.