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UN Peace-Keeping: Why Not?

Published online by Cambridge University Press:  21 May 2009

N. Sybesma-Knol
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Extract

In his paper (see supra) Suy dealt with questions regarding the legal conditions for the establishment of UN peace-keeping forces, such as: which UN organ has the competence to take the basic, fundamental decision?; are there any legal restrictions as to the composition of the force?; should there be a preliminary formal confirmation by the Security Council of the existence of a ‘threat to international peace and security’?; what are the legal limits of the force's actions?; and is the consent of all the parties concerned a formal requirement?

Type
Asser Institute Lectures on International Law: Political and Legal Aspects of UN Peace-Keeping Operations
Information
Netherlands International Law Review , Volume 35 , Issue 3 , December 1988 , pp. 321 - 327
Copyright
Copyright © T.M.C. Asser Press 1988

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References

1. One of the initial objectives of the ONUC force, for instance, was to assist the Congolese Government in maintaining law and order until, with technical assistance from the United Nations, the Congolese national security forces were able to fully meet their tasks. The function of ONUC was subsequently modified to include maintaining the territorial integrity and the political independence of the Congo, preventing the occurrence of civil war, and securing the removal from the Congo of all foreign military, paramilitary and advisory personnel not under UN command, and all mercenaries. Another example of UN assistance in situations of internal strife is the UN Yemen Observation Mission in 1963. Note also the presence of a UN Security Force in Western New Guinea (West Irian) in 1962 to assist existing Papuan police in the task of maintaining law and order during the period of transfer of authority from the Netherlands to Indonesia under a UN Temporary Executive Authority. See the UN's The Blue Helmets, A Review of United Nations Peacekeeping (1985Google Scholar). See also Wainhouse, D.W., International peacekeeping at the Crossroads (1973Google Scholar) and the comprehensive studies on UN peace-keeping by Rosalyn Higgins.

2. UNEF ‘II’/UNDOF: S/11052/Rev. 1; UNIFIL: S/12611.

3. Draft ‘Guidelines of the Committee of 33’, Report of the Special Committee on Peacekeeping Operations. Eleventh Report of the Working Group (Un Doc. A/32/394 Annex II Appendix I, 2 December 1977).

4. First UN Emergency Force, GA Res. 998 (ES-I) of 4 November 1956.

5. UN Security Force in Western New Guinea (West Irian), GA Res. 1752 (XVII), 21 September 1962.

6. Cf., GA Res. 1474 (ES-IV) of 20 September 1960.

7. ‘Certain Expenses of the United Nations’, Advisory Opinion, ICJ, 20 07 1962Google Scholar. See also Suy, E., ‘Het Advies van het Internationaal Gerechtshof over de aard van zekere uitgaven der Verenigde Naties’ [The Advice of the International Court of Justice on the nature of certain expenses of the UN], Rechtskundig Weekblad (1962) pp. 921–956Google Scholar at p. 942 et seq.

8. According to Hammarskjöld, this would imply that such a force would not be placed under UN command, and that thus an essential condition for the constitution of a UN Force would not be fulfilled. For this reason he seemed not to be in favour of this possibility (UN Doc. A/3302 para. 4(c) jo (b)).

9. Siekmann, R.C.R., Juridische Aspecten van de Deelname met Nationale Contingenten aan VN-Vredesmachten (Nederland en UNIFIL) [Legal Aspects of Participation with National Contingents in UN Peace-keeping Forces (The Netherlands and UNIFIL)] (1988) p. 7Google Scholar.

10. Goodrich, L. et al. , eds., Charter of the United Nations, Commentary and Documents (1969) at pp. 187–191, specifically mention several missionsGoogle Scholar.

11. Cf., Siekmann, , op. cit. n. 9, pp. 95–96Google Scholar.

12. In the past, several States have contributed, without cost to the UN, to peace-keeping operations in the form of aircraft and crews (the US, the Netherlands, Switzerland, Canada, Italy, the Federal Republic of Germany, the Scandinavian countries), of arms and ammunition (Australia, the Federal Republic of Germany), food and other supplies (the USSR, Canada, the US, the UK, Switzerland) and payment of salaries and allowances without any reimbursement (Australia, Austria, Canada, Denmark, Finland, Ireland, Italy, New Zealand, Sweden).

13. Security Council Res. 161 (1961), 21 February 1961.

14. Introduction to the Report of the Secretary-General on the Activities of the Organization, 16 June 1960 – 15 June 1961, Chapter I.