The responsibility of United Nations General Assembly regarding the maintenance of international peace and security: Uniting for Peace Resolution

This study examines the conformity of the United Nations General Assembly's Uniting for Peace Resolution in 1950 with the United Nations Charter and whether the actions taken on the basis of the Resolution constitute a violation of the prohibition of the use of force. In this context, the study claims that the Unity for Peace Resolution complies with the Charter and that the actions taken in this direction may not be contrary to the prohibition of the use of force under certain conditions. In the study, it is argued that the most appropriate authority to take decisions in cases where humanitarian requirements come to the fore is the General Assembly, not the Security Council, and that the actions taken within the framework of the Uniting for Peace Resolution may be legitimate in the near future. The study demonstrates the capacities of actions based on the Uniting for Peace Resolution, which has been unused for a long time, and its effectiveness to become a rule of customary international law. In this way, it will be understood that the framework of the prohibition of the use of force will change and that the Resolution can be used as an effective mechanism in conflict environments, especially in the presence of humanitarian requirements. The study is based on primary sources. The relevant provisions of the United Nations Charter, the resolutions of the United Nations General Assembly and the Security Council, the decisions and advisory opinions of the International Court of Justice, and the interpretation of the relevant provisions of these documents are the main methods of the study. In the explanation of institutions and concepts, the works in the doctrine were used in terms of contributing to legal interpretations and revealing divergent views.