UN ORGANS Flashcards
ICJ: role
judicial role, its judgements and decisions are guided by international law rather than international politics
independent and neutral body
ICJ:
ineffectiveness/ structural limitations
- advisory is non-binding so member-states can disregard without repercussions
= lacked enforcement - non-compulsory arbitration means ICJ can only arbitrate disputes where all the implicated parties consent to ICJ arbitration:
only 51 member states signed Optional Clause 36 (compulsory arbitration)
- enforcement depended on UNSC
ICJ:
examples of ineffective ADVISORY
1974 Western Sahara:
ruled that there were no legal ties between the territory of Western Sahara and Morocco or Mauritania
disregarded
- tripartite agreement between Spain, Morocco and Mauritania drawn up
- Algeria protested the outcome
- military confrontation between Algeria and Morocco
ICJ:
examples of non-compulsory ARBITRATION/ rejection of OPTIONAL CLAUSE 36
- 1984 Nicaragua Affair
USA withdrew its consent to compulsory jurisdiction by ICJ in 1985, and vetoed when matter was brought up to UNSC later on - Spratly Islands
China vehemently opposed any attempt to use ICJ to arbitrate the dispute
ICJ:
examples of how enforcement is dependent on UNSC/ great powers
- Iran Hostage Crisis:
resolved by negotiations between US and Iran - Corfu Channel:
Albania rejected ICJ judgement and refused to pay compensation to the UK
-> UK withheld gold looted from Albania by Axis powers that was later retrieved by the Allies - 1984 Nicaragua
if judgement is against any on of the P5, any resolution could be vetoed
ICJ:
examples of effectiveness and conditions required
[conditions required]
both parties must consent to submit the case for court’s jurisdiction
more successful in resolving border delineation and use of oceans and waterways
- Preah Vihear temple
- Frontier dispute between Burkina Faso and Mali
- Ligitan-Sipadan between Malaysia and Indo
-> ruled that they belong to Malaysia - Ethnic Cleansing in Bosnia
-> ruled for the first time in legal history that states could be responsible for genocide (2007)
UN REFORMS:
examples in the 1950s-60s
- 1950 Resolution 377A Uniting for Peace Resolution — UNGA
(-) invoked only 10 times from 1950-1997
(+) existence was useful when UNSC was deadlocked:
eg. 1956 Suez Crisis, 1960 Congo
(-) Britain and France viewed UFP as illegal and refused to pay the dues required for PKOs that were not carried out by the UNSC (UNEF I and ONUC) - 1956 Chapter 6 1/2 for Peacekeeping under Dag Hammarskjold — UNSG
(+) despite an unarguably unconducive Cold War climates, suggested cause for optimism
(+) crucial reference point that formalised and guided the UN’s role in maintaining international peace and security over a series of conflicts since then - 1965 expansion of P5 to P10
(+) gestured a need and willingness for greater representation of UN members in matters of international peace and security
(-) post-65 reform efforts remain abysmal as both the Veto System and UNSC composition have arguably remained anachronistic
UN REFORMS:
1990s (post CW climate)
- 1992 Department for Peacekeeping Operations (DPKO) — Agenda for Peace under BBG — UNSG
(+) streamline and improve capacity to plan, conduct and manage PKOs - 1993 United Nations Standby Arrangement System (UNSAS)
(+) secure personnel and material resources required
(+) improve UN’s capability for rapid deployment:
by 1999, 76 member states had confirmed their willingness to provide standby resources
58% of the pool of resources could be deployed within 30 days
UNSG:
factors for effectiveness
✅ competency
- personality/ charisma — relationship with great powers and member states
- usage of good offices
❌ incompetency
🚫 structural limitations
main decision making body in the UN was UNSC (article 27 of veto)
(article 99) recommend conflicts to UNSC to attend to
-> UNSG has to work with/ be subservient to the UNSC and UNGA
- great power politics
- political will of member states
- operational constraints of PKO
- nature of conflict
- international climate
UNSG
✅ examples of competent leaders:
DAG HAMMARSKJOLD
usage of good offices
- negotiated release of US pilots imprisoned in Beijing in 1955, went to Beijing and mediated in the background, nearing the trust of Chinese Premier Zhou En Lai
- Suez Crisis: skilfully arranged a face-saving option for all three major powers to withdraw their forces from the Suez Canal and established a basis of cooperation for Egypt with UNEF patrols that
worked smoothly for a decade - Congo Crisis: intervened personally to persuade Katanga to accept UN troops, prevent Soviet military support to the radical faction of the Congo (can use for CA)
UNSG
✅ examples of competent UNSG
DE CUELLAR
- Afghanistan:
Visited region in April and August 1981 to conceptualise Geneva Accords and end hostilities
end of Cold War and Soviet internal problems - Central American conflicts:
Active role in mediating El Salvador conflict, brought about resumption of dialogue between government and guerillas in December 1989
ending of Cold War — during 2nd Cold War, Reagan’s administration covertly supported and illegally funded numerous factions in the civil wars that plagued Central America in the 1980s
(can use 1. and 2. for CA):
Superpowers were more influential in determining the eventual change in UN fortunes in Afghanistan and Central America.
- Namibia 1989-1990:
Played a key role in the ceasefire of 1988 between the PLA of Namibia and the apartheid South African government, oversaw the creation of UNTAG which facilitated peaceful elections and independence for Namibia in 1990
UNSG:
❌ examples of INCOMPETENT UNSG
TRGYVE LIE
impartial and pro-west during Korean War, poor relationship with superpowers:
Lie strongly supported the US-led UN coalition and rallied international opinion by labelling North Korea as aggressors
-> USSR perceived him as a tool of US foreign policy, hence USSR vetoed his re-election.
UNSG is supposed to work with and win the trust of member states, especially great powers. But the Soviets openly attacked him for his pro-US bias and refused to work with him,
UNSG:
❌ examples of INCOMPETENT UNSG
BOUTROS BOUTROS GHALI
NO CHARISMA:
Often described as imperious, arrogant, abrasive, haughty and was not the most diplomatic, Boutros Ghali often clashed with superpowers.
- SOMALIA 1992-1994:
Clashed with the USA over the extent of US involvement, was blamed by Clinton for the death of 18 US soldiers in Mogadishu in 1993. - RWANDA
Failed to act in the Rwandan Genocide (500 000-1 million massacred). Could not persuade UNSC to act do anything. - BOSNIA
Kept getting into fights with the UNSC and the US on how to best proceed with the mission, reluctant to approve NATO bombing in Bosnia to create the safe zones US wanted, contributing to the mess of the mission.
UNSG
🚫 examples of INTERNATIONAL CLIMATE (CW)
- TRYGVE LIE & 1946 IRANIAN CRISIS/ 1948 BERLIN BLOCKAGE (both vetoed by Soviets):
brought up matter of Soviet troops overstaying in Iran to the UNSC, but vetoed by Soviets. - U THANT & 1962 CMC/ VIETNAM WAR:
- superpowers did more in the negotiations (CMC)
- was opposed to the Vietnam War, tried to mediate and arrange peace talks between Washington and Hanoi which was rejected by Johnson administration. Publicly criticised US conduct of the Vietnam War, led to US marginalisation of UNSG.
UNSG
🚫 examples of NATURE OF CONFLICT
- HAMMARSKJOLD & 196O CONGO:
intra-state, host state identity unclear whereby the factionalism of parties involved led to the impartiality of UNSG being compromised. Accused of being pro-West and superpower rivalry infested UNSG’s reputation — Khrushchev attacked him in GA speech, pointing to his attempts to prevent Soviet military support to Lumumba’s faction. Eventually killed in plane crash - KURT WALDHEIM & Arab-Israeli conflict (1973 YOM KIPPUR WAR)
Unable to bring any lasting solutions to the conflict. It was the US and the diplomacy of US Secretary of State Henry Kissinger and later President Jimmy Carter that produced the first breakthroughs in the Camp David Accords that established peace between Egypt and Israel. - KURT WALDHEIM & 1979 IRAN HOSTAGE CRISIS
Waldheim flew to Tehran to negotiate the release of hostages but the Ayatollah refused to see him.
