CRISIS OF THE UN COLLECTIVE SECURITY SYSTEM AS A CRIMINAL LAW COMPONENT OF ENCROACHMENTS ON THE PROTECTION OF PEACE AND INTERNATIONAL SECURITY LEADING TO ARMED AGGRESSION

Abstract

The existing framework for collective security under the auspices of the United Nations is experiencing a profound institutional crisis that significantly undermines the effectiveness of the prohibition on the use or threat of force, a fundamental principle of the contemporary international legal order. These deficiencies are most apparent in situations of armed aggression involving permanent members of the UN Security Council, where response mechanisms are paralysed by procedural obstacles, particularly the veto power. This results in a persistent gap between binding international legal norms and the practical ability to enforce them. Against this background, the study examines the criminal law dimensions of the crisis affecting the UN collective security system, especially in cases where threats to peace escalate into acts of armed aggression. The analysis focuses on the legal foundations and institutional structure of collective security within the UN, alongside existing mechanisms of international criminal accountability. The research is based on a doctrinal analysis of the UN Charter, relevant resolutions of the General Assembly and the Security Council, the Rome Statute of the International Criminal Court, and contemporary scholarship in public international law and international criminal law. The findings indicate that the prohibition on the use of force fails to generate effective criminal sanctions when the Security Council is blocked by veto. Moreover, the General Assembly’s instruments remain largely advisory and procedural, insufficient to compensate for Security Council paralysis. The study also highlights the political dependence of the ICC’s jurisdiction over the crime of aggression, which contributes to systemic impunity and weakens the collective security regime.