In Article 9, the author gave the ENE the power to create subsidiary bodies if necessary. 27 Sneana. Trifunovska, North Atlantic Treaty Organization 47 (2nd edition, 2010) (“The need to create subsidiary bodies for the functioning of the Alliance immediately became apparent. The creation of a number of bodies has led to the creation of NATO, which implements the Council`s decision and provides practical means of cooperation between member states in the areas defined by the Washington Treaty. It should be noted that Articles 3 and 5 appear to be the main elements of NATO`s institutionalization. The first requires institutions to maintain and develop individual and collective capacities to withstand an armed attack, and the second requires structures and procedures to coordinate measures deemed necessary to restore and maintain security after an armed attack. Article 4 of the treaty allows for the interaction of Articles 3, 5 and 929 of the North Atlantic Treaty, note 1 above, art. 4. This willingness to resist and respond to an armed attack allows the Alliance to become an organization. The Korean War and the deterioration of security in Europe were a credible scenario against which a decision was taken to create NATO bodies. 30 Andres B. Munoz Mosquera – Mette Hartov, NATO International Military Headquarters in The Handbook of the Law of Visiting Forces 459 (D.
Fleck eds., 2nd ed., 2018). NATO`s first body and NATO`s international organization were SHAPE. 31 “The French delegation is fully aware that SHAPE is different from the Franco-American organization in its character as an international organization. (Added highlight) SHAPE budget made available: Secretary`s note, NATO archives, Appendix B, 13, 22 (February 20, 1951), archives.nato.int/uploads/r/null/3/1/31054/D-D_51_52_ENG.pdf. The Charter of the United Nations (“United Nations Charter”) and its constitutionality are the necessary reasons for the institutionalization of the idea of promoting international peace and security, under the inspiration of Article 51 of the Charter of the United Nations, of “interest groups” such as the North Atlantic Treaty Organization (NATO). 2Recognizance of NATO`s future development, except for defence plans: Executive Secretary`s Note, NATO Archives, (September 19, 1951), archives.nato.int/uploads/r/null/1/9/19674/C_7-D_18_ENG.pdf (“Peacekeeping is the essence of this North Atlantic community).” The memo states that NATO is a “community of interest” in which voters have obtained the necessary legal framework on the basis of the UN Charter. NATO`s legal order is not only part of international law, it also contributes to the most constitutional part of international law, the Charter of the United Nations. 52% in the general agreement between the contracting parties to the North Atlantic Treaty on the Status of their Armed Forces (19 June 1951) [hereafter referred to as NATO`s SOFA]; Ottawa Agreement, note 36; The 1952 Protocol on the Status of the International Military Headquarters, under the North Atlantic Treaty (