Question

Which of the following statements are correct?
Within the United Nations system, sanctions may be imposed by the Security Council upon the determination of: -
(i) Breach of the peace.
(ii) A threat to hegemonistic supremacy.
(iii) Act of aggression.
(iv) A threat to the peace.

• A. Only (i), (ii), and (iii)
• B. Only (i), (ii), and (iv)
• C. Only (i), (iii), and (iv)
• D. Only (ii), (iii), and (iv)

Hint:

Sanctions are imposed under Article 41 of Chapter VII of the UN Charter.
These measures can include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks to identify the legal grounds under the UN Charter that authorize the Security Council to impose economic, diplomatic, or military sanctions on a state.

Step 2: Key Legal Principles and Approach:
The Security Council's enforcement powers are detailed in Chapter VII of the Charter of the United Nations, entitled "Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression."
The primary threshold provision is Article 39.

Step 3: Detailed Explanation:

• Article 39 Threshold: Article 39 of the UN Charter states: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security."

• Once this threshold determination is made, the Security Council can proceed to impose non-military sanctions (under Article 41) or authorize military force (under Article 42).

• Evaluating the Statements:

• Statement (i) "Breach of the peace" is an explicit ground under Article 39.

• Statement (ii) "A threat to hegemonistic supremacy" is not a legal concept under the UN Charter and does not form a basis for collective security actions.

• Statement (iii) "Act of aggression" is an explicit ground under Article 39.

• Statement (iv) "A threat to the peace" is also an explicit ground under Article 39.

• Since statements (i), (iii), and (iv) are correct, Option (C) is the correct answer.

Step 4: Final Answer:
The three legal grounds for triggering Chapter VII sanctions are threat to the peace, breach of the peace, and act of aggression, making Option (C) the correct answer.