Powers of the UN SC Flashcards
UN Charter referral for UN SC powers
Art. 24-25 UN Charter:
- primary responsibility
- power to impose legally binding measures on all MS
- powers of Chapters VI and VII
Powers of UN SC: Peaceful settlement of disputes (Chapter VI)
Chapter VI UN Charter: only exhortations or recommendations
Political methods:
- not legally binding
- meditation between disputed parties (e.g. Israel 1948)
- enquiry
- conciliation
Legal methods:
- legally binding
- arbitration (only when threat to international peace & security)
Powers of UN SC: Actions within Chapter VII
Art. 39 UN Charter: existence of threat to be determined (political act)
Arts. 41 UN Charter:
- not involving use of armed force (trade embargoes, smart sanctions, …)
- e.g. Iraq, Iran, Yugoslavia, Libya, Al-Qaida, North Korea, …
Arts. 42 UN Charter:
- involving use of armed force (self defence (proportionate), authorisation of use of armed force [no own military capacities])
- e.g. Iraq-Kuwait, Somalia, Iraq, Libya
UN SC during and after Cold War
During Cold War: few determinations (Korea war, Falkland, Iran-Iraq, South Africa (apartheid), Southern Rhodesia)
- > decisions blocked by Soviet’s veto
- > UN SC not successful in maintaining peace & security during these times (new instruments needed)
After Cold War: civil wars, terrorism as threat to peace & security
Preventive self-defense
Arguable:
some say an attack needs to take place (Art. 51 UN Charter), others see it justified in certain circumstances (overwhelming, instant and about to happen, no other means, no time for deliberation)
UN Peacekeeping operations (blue helmets) - formalities
Deployment of UN military and/or police and civilian personell to a conflict area, in order to maintain (not to enforce) the peace.
- always consent of hosting state required
- established by UN SC
- personnel operates under UN command
- no use of force, self-defence & fulfilling of mandate excepted
- impartiality
- expenses are financed by UN budget
Deployment of UN Peacekeeping operations - statistics
- since 1948: 71 peacekeeping operations (e.g. Rwanda, Egypt, Mali, El Salvador, South Sudan, DRC, Sierra Leone, Israeli boarders, Iran, Kosovo, Yugoslavia, Cyprus (since 1964))
- 14 current peacekeeping operations (appr. 100,000 staff, 6.7 billion USD budget) (e.g. Kashmere, Mali, Kosovo, Kongo, South Sudan, Syria/Israel (Jom-Kippur War -> Golan heights), South of Lebanon)
Interpretations of UN SC authorisations by Regional Organisations
Extensive interpretation: military (Art. 42 UN Charter) and non-military enforcement actions (Art. 41 UN Charter)
Restrictive interpretation: only military enforcement actions
-> in practice: regional organisations adopt restrictive interpretation
Tasks of peacekeeping operations
- protect civilians, airports, refugees
- trying to separate opposing parties
- play role as mediators
- > multi-dimensional peacekeeping mission
expansion of scope and activities:
- overseeing of implementation of peace agreements (incl. e.g. disarmament activities, organising democratic elections, creating a new army for the country, ensuring repatriation of refugees, de-mining activities)
-> ALWAYS purely consensual missions
Suez crisis - peacekeeping mission
- nationalisation of Suez Canal company (France & UK) by Egypt’s president Nasser in 1956
- invasion of Suez Canal area -> war between Israel, France, UK and Egypt
- General Assembly adopted ceasefire resolution incl. UN Emergency Force controlling a buffer zone
- > idea of creation of an environment/political climate suitable to might conclude a durable peace agreement
- 1967: 6-days-war Israel, Egypt + Syria -> Israeli occupation of Golan heights, West-Bank, Gaza-strip, entire Sinai dessert
- > UN mission: Egypt withdrew consent
Are UN Peacekeeping Missions successful?
Peacekeeping missions can be useful and successful to the extent the parties of the conflict allowed to be successful.
Also, it was criticised that traditional peacekeeping mandates did not really stimulate the environment for durable peace agreements.
Srebenica mission
- Bosnia after fall of UdSSR: conflicts between Serbian, Croatian and Muslim population, no real peace despite UN ceasefire -> UN humanitarian mandate
- 1993: establishment of “safe areas”, in Bosnia (humanitarian corridors), many muslims fled there
- Problem: safe areas not sufficiently protected (few troops and not suitable equipment)
- > Srebrenica surrounded by Serbian troops led by General Mladic
- > hesitant behaviour for air support
- > entire male muslim population was murdered (8000+ people)
in 2007: ICTY declared it as genocide
Who is responsible fo Srebrenica?
- Serbian army under General Mladic
- Dutch state partially
Results of UN self-reflection after Srebrenica
- improvements in chains of command and communications
- new “robust peacekeeping operations”: entitlement to use force for implementation of mandate
- > peacekeeping missions refer to Chapter 7 since then
Current challenges for UN peacekeeping missions
- becoming harder to identify enemy in complex security environment -> protecting of civilians as core task
- impartiality at stake since use of armed force entitlement?
- dual chain of command
- sexual abuse by UN peacekeepers
