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The United Nations Military Observer Group in India and Pakistan

Published online by Cambridge University Press:  22 May 2009

Sylvain Lourié
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Extract

Though the United Nations has succeeded to only a limited extent in bringing about the actual settlement or adjustment of disputes and threatening situations that have been brought to its attention, it has achieved a considerable measure of success in its efforts to bring fighting to an end and to assist the parties in maintaining the cessation of hostilities to which they have agreed. In Indonesia, the United Nations was able to follow up its success in inducing the parties to agree to a cease-fire with a valuable assist in the negotiation of a final political settlement. In Palestine, however, the United Nations contribution has been largely limited to getting the states directly involved in the fighting to agree to a cease-fire, and then to armistice agreements. The political issues involved seem as far from resolution as ever. In dealing with the dispute between India and Pakistan over the State of Jammu and Kashmir, the United Nations has likewise found itself unable to get the parties to agree on a political settlement. Nevertheless, fighting has been brought to an end, and the United; Nations has played an important part in achieving that result.

Type
Articles
Information
International Organization , Volume 9 , Issue 1 , February 1955 , pp. 19 - 31
Copyright
Copyright © The IO Foundation 1955

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References

1 For discussion of United Nations supervision activities in this respect, see Mohn, Paul, “Problems of Truce Supervision,” International Conciliation, No. 478 (02 1952)Google Scholar.

2 Document S/726.

3 Document S/1100, p. 32–34. First Interim Report of the United Nations Commission for India and Pakistan.

4 At the time of the cease-fire order, the Indian army (exclusive of some small units of the State Forces and Militia) had a total strength of 12 brigades or 3 divisions, while Pakistan's army and the local irregulars (“Azad Kashmir” Forces) numbered 6 brigades and 32 battalions respectively.

5 Document S/1430, Annex 26.

6 Argentina, Belgium, Colombia, Czechoslovakia and the United States were represented on the Commission.

7 Document S/AC.12/SC.1/SB. 1.

8 Only the last named nation was not a member of the Security Council at the time.

9 Document S/AC.12/MA/13. Report of the Activities of the Military Adviser and the Milltary Observers from 2 January 1949 to 1 November 1949.

10 Detached from U.S. Army or Navy Headquarters in the Far East.

11 The U.S. contingent is not being replaced as the officers end their tour of duty. In March 1954, Prime Minister Nehru, criticising the U.S. decision to extend military assistance to Pakistan governrequested the withdrawal of the American inobservers from the United Nations Military Observer Group in Kashmir. Although the withdrawal was not effected upon the Indian Premier's pronouncement, the gradual disappearance of the Americans from the UNMOG is the consequence of this request. While some critics of Mr. Nehru's decision argue that the international character of the United Nations Observers is assured by the Charter and was confirmed by the International Court of Justice in its advisory opinion of April 11, 1949, on the question of reparation for injuries suffered in the service of the United Nations, it is nevertheless difficult to deny the right of a sovereign government to declare personae rum gratae those inobservers dividuals whose presence on its territory it considers objectionable.

12 Document S/AC.12/MA/13, p. 2.

13 Document S/AC.12/MA/1, Instructions and General Information for Military Observers of the UNCIP.

14 Ibid., p. 2.

15 Ibid., p. 2.

16 In Pakistan, Rawalpindi was the base for the Control Headquarters since this city was both extremely close to Western Kashmir and was also the seat of the headquarters of the Pakistan army. Srinagar remained from April to September the location, on Indian territory, of the United Nations Control Headquarters.

17 The only positive recommendation which Sir Owen made dealt with the advisability of retaining the observers in order to assist the two armies in the maintenance of “peace” in Kasharmy. Document S/1791.

18 The following information is based on the UNMOGIP Manual of Observers distributed by the CMO to each new Observer assigned to him.

19 The Administrative Officer is a UN Staff Member.

20 To ensure the observer teams complete freedom of movement both Armies provide the observers with a jeep, a driver and an orderly.

21 This office is operational during the period when Headquarters is located in Rawalpindi; it is then responsible for the Kashmir Valley only since Jammu is the center for the south of the Mate.

22 United Nations will reimburse the Military Observer up to a maximum of $200 provided the tour of duty of the observer has extended beyond six months.

23 Up to $15,000 or twice the base annual pay of the observer whichever is the greater.

24 Hospitals are available in Delhi, Srinagar and Jammu (Indian Army) and Rawalpindi (Pakistan Army).

25 The Field Observer is to be differentiated from the observer assigned to Control Headquarter or to any of the Staff and Liaison Offices.

26 This report is sent to the Chief Military Observer in addition to the regular monthly reports.

27 IXth Convention, Section 1, The Hague, October 18, 1890.