Week 17

• The UN Charter establishes the United Nations as an intergovernmental organization to promote international cooperation in maintaining peace and security, developing friendly relations among nations, and promoting social progress, better living standards, and human rights
• The UN Security Council is responsible for maintaining international peace and security, with 15 members, five permanent and ten elected by the General Assembly for two-year terms
• The Security Council has the primary responsibility for the maintenance of international peace & security and plays an increasing role throughout the UN Charter
• If the Security Council determines a threat to international peace & security, it can take measures to restore or maintain peace, including authorizing member states to use force for peace enforcement
• UN peacekeeping involves the use of multinational military forces under UN command to help control or resolve conflicts between or within countries, and prevent them from re-occurring
• There are two types of UN peacekeeping operations: unarmed observer missions and armed peacekeeping forces, with troops provided by member states and put under UN command for the mission's duration
• Peacekeeping forces are to be impartial and led by the Special Representative of the UN Secretary General (civilian), with a force commander below them (military)
• The legal basis of peacekeeping is the implied power of the UN, and although not always mandated under Chapter VII of the UN Charter, nowadays peacekeeping missions are mostly mandated by the Security Council
• Peacekeeping has evolved from overseeing truces to a more comprehensive approach, including post-conflict reconstruction and peacebuilding, with a focus on a 'comprehensive approach' and 'multidimensional' civil-military peacekeeping operations
• UN peacekeeping is funded by the UN from a separate budget, with member states contributing as apportioned by the General Assembly
• The Role of the UN Security Council

  • UNSC has the primary responsibility for the maintenance of international peace & security (art. 24(1))
  • Plays increasing role throughout UNC (arts 33(2) to 37)
• Chapter VII:

  •  If UNSC determines existence of threat to or breach of intl peace & security, it shall take measures to restore or maintain intl peace & security (art. 39)
  • These resolutions are binding on the UN member states (art. 25, ICJ ‘Namibia’ Adv. Op. 1971)
  • They take precedence over any other intl agreement of states (arts 25 jo 103, ICJ ‘Lockerbie’ case 1992)
• Art. 39 situation’

  1.Measures except use of force (art. 41)

  •  Sanctions → sanction committees 
  •  Referral of situation to ICC Prosecutor
  • If inadequate: authorizing member states to use of force (arts 42 jo 48): peace enforcement
• UN’s role starts with preventing threats to the peace (art. 1(1))
• UN principal organs active in intl peace & security:

  − Secretariat (arts 98, 99): ‘good offices’ by the Secretary General (UNSG), his staff and envoys, in particular the Special Representatives (SRSGs)
• They shall refrain from(the threat of)the use of force against another state (art. 2(4)):

  − With exceptions

  • They established the UN to be at the center of today’s system of collective security (preamble, art. 1(1))
• UN Charter (UNC)

  • “We the Peoples of the United Nations determined (...) to (...) live together in peace with one another as good neighbours...” (preamble)
  • The UN members shall resolve their disputes peacefully (arts 2(3) and 33 ff)
• UNSC Res. 678 (1990): 1990 Iraqi invasion of Kuwait:

  • UNSC adopted a series of resolutions ordering Iraq to withdraw
  • Authorizing member states to take economic sanctions against and impose embargoes on transport to Iraq
  • Baghdad did not comply
• UNSC Res. 678 (1990): This resolution’s phrasing has become the generally accepted formula the UNSC uses to give green light to a military intervention to restore peace & security in the relevant area
• 2 types of peacekeeping operations (PKOs):

  • Unarmed observer missions
  • Armed peacekeeping forces
• General characteristics: 

  • Troops provided by the member states
  • Troops put for the time of the mission under UN command
  • To contain and/or contribute to resolving the conflict, and prevent it from re-occurring
  • ‘International’aspectofconflict interpreted liberally
• What is the legal basis of peacekeeping?

  • Implied power of the UN

  Can UNGA establish a PKO?

  • ICJ ‘Certain Expenses’ Adv. Op. (1962)

  Though not always mandated under Chapter VII UNC, nowadays mostly mandated by UNSC
• Development of peacekeeping 

  • ‘The original’

  • −  Consent of the parties to the conflict
  • −  Use of force only in self-defence
  • −  Confidence-building measures
  • −  Overseeing a truce between stateso E.g. UN Truce Supervision Organization (UNTSO; 1948- today!)
• Conflict situations need a ‘comprehensive approach’ → ‘multidimensional,’ civil-military PKOs.

  • Post-conflict reconstruction → moving into domesticjurisdiction. Peacebuilding
• Peacekeeping is funded by UN, from separate budget:− Member states contribute, as apportioned by UNGA o ‘Certain Expenses’
• UNSC committed to more robust peacekeeping mandates, often within domestic situations, possibly without parties’ consent, with sufficient resources, and rapid deployment (based on ‘Brahimi report,’ 2000)

  → peacekeeping today blurs the line with peace enforcement
• In conclusion

  • Maintaining international peace and security is at the heart of the UN’s work and global efforts

  • It attempts to play a key role in the full ‘security cycle’:

  • conflict prevention
  • conflict management
  • Post-conflict peacebuilding
• Which of the following is a characteristic of peacekeeping operations as they are currently conducted? Answer: Troops for the operation are provided by the United Nations (UN) member states.
• The power of the United Nations (UN) Security Council cannot authorize a military operation to enforce the peace is implied in the UN Charter.