Collective Security, Demilitarization and 'Pariah' States

Demilitarization regimes under international law pose special challenges. Often the result of the retributive politics of post-war diplomatic adjustment, legal attempts to ensure that formerly aggressive states do not acquire the military establishments, logistics or weaponry to threaten their neighbours or international peace and security, are often doomed to failure. This article considers the demilitarization sanctions imposed against Iraq in the aftermath of the Gulf War of 1991 in the historic context of other such efforts, most notably the sanctions imposed against Germany under the 1919 Treaty of Versailles (and subsequently enforced by the League of Nations). The primary elements shared by most demilitarization regimes are: (1) qualitative and quantitative restrictions on weapons systems; (2) control and monitoring mechanisms; (3) the rhetorical ambition of global and regional disarmament; (4) unrealistic deadlines for compliance; and (5) the implied threat of resumption of hostilities if disarmament is not achieved. Aside from the political reality that 'pariah' states can rarely be isolated for long, the chief reason for the failure of demilitarization is the weakness of institutional mechanisms to effectively encourage and monitor compliance, as well as to punish transgressions. Aside from the distractions of Super Power conflict during the Cold War, the primary task for the maintenance of international peace and security by the United Nations has been the control of aggressive medium-sized militaristic states. In one sense, the entire political raison d'etre of the United Nations — as well as its predecessor institution, the League of Nations — has been the preservation of Great Power prerogatives in the face of challenges by nations which desire to join the first ranks of military and political influence. The political functions of international organizations devoted to collective security have necessarily and inevitably led to the legal structures and practices of these institutions.