289 Pilar Pozo Serrano The United Nations Charter s is not necessarily imminent31, and it demonstrates the questionably legal grounds in which the expansion of selective delay attacks is based.32 4. New Threats And New Needs Concerning Collective Security: The Validity Of Chapter VII Of The Charter The UN Charter states that the Organisation will take “effective collective measures for the prevention and removal of threats to the peace, and for the suppressions of acts of aggression or other beaches of the peace” with the aim of keeping international peace and security. This goal appears as announced as the first purpose of the Organisation (Art. 1.1). The legal framework for the adoption of coercive actions is fundamentally set out in Chapter VII, which the charter has conferred the primary responsibility on for keeping international peace and security (article 24.1) and the possibility of adopting decisions that are binding on the member states (article 25). The Security Council decide when and how to apply the Charter’s mechanism. To do this, firstly, it has to determine that a situation constitute a threat to peace, a breach of the peace or an act of aggression (art. 39). If it considers it pertinent it can adopt provisional measures to stop the situation worsening (article 40). Finally, the Council has to decide which measures are necessary to maintain or re-establish international peace and security, which may be of a non-military nature (article 41) or that could involve the use of force (article 42). 4.1 Action against latent threats In making its statements against legitimate preventive defence, the High-level Panel had affirmed that latent threats had to be submitted to the Security Council for consideration: “The text of Chapter VII is sufficiently extensive in itself and it has been interpreted with enough latitude so that the Security Council can approve all types of coercive action, including the military action, against a State when it considers this necessary to keep or re-establish international peace and security”. This occurs whenever the threat may take place, if it is right at that time, in the imminent future or in a more distant future at such a time, which involves the particular State or non-state agents that it protects or provides support to acting in such a way, or that comes in the form of an act or omission, that represents a real or potential threat of violence or simply a 31 HAAS, Richard. “The President Has Too Much Latitude to Order Drone Strikes”, Wall Street Journal, February 18, 2013. 32 BROOKS, Rosa. “Mission Creep in the War on Terror”, Foreign Policy, March 14, 2013.
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