| Abstract [eng] |
This master’s thesis analyses the legal aspects of the relationship between NATO and the United Nations in preserving peace and human rights. The study established that the legal foundations for the cooperation of NATO and the UN derive from the system of the UN Charter – the Security Council mandate mechanism, the status of regional arrangements and the inherent right of collective self-defence. Peace and human rights protection are closely interrelated objectives, and the emerging right to peace confirms that NATO-UN cooperation in preserving peace also constitutes cooperation in human rights protection. The analysis of practical case-studies revealed that the Security Council mandate remains the primary legal basis for the use of force by NATO, except for self-defence, but the ambiguity of mandate formulation creates room for diverging interpretations of the scope of the mandate. In practical situations, challenges arise regarding NATO’s accountability to the Security Council, and the ECtHR decision in Behrami and Saramati established a controversial precedent enabling NATO’s de facto impunity in UN-mandated operations. Self-defence cases contributed to the development of international law but simultaneously revealed risks of abuse of the right to self-defence. In the context of contemporary crises – Russia’s war in Ukraine, ongoing tensions in the Gaza region and conflict in Iran – the collective security system established in the UN Charter becomes ineffective due to the veto power of the permanent members of the Security Council and states’ geopolitical interests. In the long term, effective cooperation between NATO and the UN is primarily associated with NATO’s participation in potential UN peacekeeping missions following the achievement of peace agreements and with the use of NATO’s capabilities for deterrence and conflict prevention. |
