244 Journal of the Spanish Institute for Strategic Studies Núm. 12 / 2018 The rise in recognized threats has also been reflected in the actions of the Security Council itself. In fact, in recent years we have seen how its Resolutions, based on Chapter VII of the Charter, (threats, the shattering of peace, or acts of aggression)12, have been notably diversified, particularly in the case of violations of human rights and of the freedom of determination of peoples13. Likewise, the use of armed force has been authorized affecting the territorial integrity and the independence of a State, and even in internal armed conflicts and the fight against terrorism14. Other cases descri-bed as “threats to peace” within the framework of Chapter VII have been the humani-tarian emergency15 situations; endangering a democratic process16; endangering peace- 12 Regarding aggression, there is no reference to it after the end of the Cold War by the Security Council. In fact, in August 1990 it described Iraq’s action against Kuwait as an “invasion”. For Professor Díaz Barrado “the central problem is still, in any case, the description of a specific action as aggression”. In this sense, in view of the mentioned resolution (3314 (XXIX)), the description will depend of the concurrence of some factors, of a political as well as legal nature, among which the following should be highlighted: a) first of all, the first use of armed force by a State is a prima facie proof of an act of aggression; meaning that the burden of proof that such a use did not contravene the general regulation that establishes its prohibition will be placed on the State that used it in the first place; b) furthermore, it is the Security Council who will determine whether an act of aggression has been committed or not, depending this description on the pertaining armed behavior as aggression on an organism of a political nature; c) lastly, there are specific forms of behavior and conducts which, based on what has been previously said, are objectively described as acts of aggression – though for already mentioned reasons may not, in fact, be described as such – and which are perfectly listed in Article 3 of the mentioned Resolution.” See DÍAZ BARRADO, C., “La prohibición del uso de la fuerza y sus excepciones: balance a los cincuenta años de Naciones Unidas”, in MARIÑO MENÉNDEZ, F., Balance y perspectivas de Naciones Unidas en el cincuentenario de su creación, Monograms Collection by the Institute of International and European Studies “Francisco de Vitoria”, Madrid, University Carlos III of Madrid/Boletín Oficial del Estado, 1996, pp. 141-163, on p. 153. 13 Originally they referred to the apartheid in South Africa (Security Council Resolutions 182 (1963) of 4 December S/RES/182(1963); 282 (1970) of 23 July S/RES/282(1970); 287 (1970) of 10 October S/RES/287(1970); 311 (1972) of 4 February S/RES/311(1972)); and South Rhodesia (Security Council Resolutions 217 (1965) of 20 November S/RES/217(1965); and 232 (1966) of 16 December S/ RES/232(1966)). More recently we can cite Resolutions 808 (1993) of 22 February S/RES/808(1993) and 827 (1993) of 25 May S/RES/827(1993) in the case of former Yugoslavia. Security Council resolutions may be seen at http://www.un.org/es/sc/documents/resolutions/ 14 Security Council Resolutions 660 (1990) of 2 August S/RES/660(1990) in the case of Iraq; 713 (1991) of 25 September S/RES/713(1991) in former Yugoslavia; 748 (1992) of 31 March S/RES/748(1992) in the case of Libya; and 1054 (1996) of 26 April S/RES/1054(1996) and 1070 (1996) of 16 August S/ RES/1070(1996) in Sudan. 15 Security Council Resolutions 770 (1992) of 13 August S/RES/700(1992) and 787 (1992) of 16 November S/RES/787(1992) in former Yugoslavia; Resolution 794 (1992) of 3 December S/ RES/794(1992) in Somalia; 1078 (1996) 9 November S/RES/1078(1996) in Zaire; and 841 (1993) of 16 June S/RES/841(1993) in Haiti due to the crisis that the large number of displaced people and refugees meant. 16 Security Council Resolution 767 (1992) of 24 July S/RES/767(1992) on South Africa. Revista del Instituto Español de Estudios Estratégicos n.º 12 - Año: 2018 - Págs.: 239 a 272
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