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The Development of the United Nations Law Concerning Peace-Keeping Operations

Published online by Cambridge University Press:  21 July 2009

Robert Siekmann
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Extract

Especially as a consequence of the termination of the Cold War, the détente in the relations between East en West (Gorbachev's ‘new thinking’ in foreign policy matters) and, finally, the disappearance of the Soviet Union, the number of UN peace-keeping operations substantially increased in recent years. One could even speak of a ‘proliferation’. Until 1988 the number of operations was twelve (seven peace-keeping forces: UNEF ‘I’ and ‘II’, ONUC, UNHCYP, UNSF (West New Guinea), UNDOF AND UNIFIL; and five military observer missions: UNTSO, UNMOGIP, UNOGIL, UNYOM and UNIPOM). Now, three forces and seven observer missions can be added. The forces are MINURSO (West Sahara), UNTAC (Cambodia) and UNPROFOR (Yugoslavia); the observer groups: UNGOMAP (Afghanistan/Pakistan), UNIIMOG (Iran/Iraq), UNAVEM ‘I’ and ‘II’ (Angola), ONUCA (Central America), UNIKOM (Iraq/Kuwait) and ONUSAL (El Salvador). UNTAG (Namibia), which was established in 1978, could not become operational until 1989 as a result of the new political circumstances in the world. So, a total of twenty-three operations have been undertaken, of which almost fifty percent was established in the last five years, whereas the other half was the result of decisions taken by the United Nations in the preceding forty years (UNTSO dates back to 1949). In the meantime, some ‘classic’ operations are being continued (UNTSO, UNMOGIP, UNFICYP, UNDOF, and UNIFIL), whereas some ‘modern’ operations already have been terminated as planned (UNTAG, UNGOMAP, UNIIMOG, UNAVEM ‘I’ and ‘II’, and ONUCA). At the moment (July 1992) eleven operations are in action – the greatest number in the UN history ever.

Type
Current Legal Developments
Information
Leiden Journal of International Law , Volume 5 , Issue 2 , October 1992 , pp. 273 - 281
Copyright
Copyright © Foundation of the Leiden Journal of International Law 1992

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References

1. See also J. Kaufmann, D. Leurdijk and N. Schrijver, The World in Turmoil: Testing the UN's Capacity, ACUNS Report 1991–4, especially Chapter II.

2. See earlier R.C.R. Siekmann, Juridische aspecten van de deelname met nationale contingenten aan VNvredesmachten (Nederland en UNIFIL) (1988); English-language edition: National Contingents in United Nations Peace-Keeping Forces, (1991). See also Basic Documents on United Nations and Related Peace-Keeping Forces (1989).

3. U.N. Doc. A/32/394 Annex II Appendix I, of December 2,1977.

4. U.N. Doc. A/45/594 of October 9, 1990 and U.N. Doc. A/46/185 of May 23, 1991.

5. See with regard to MINURSO: S. C. Res. 690 of April 29,1991, Para. 4, referring to U.N. Doc. S/22464, Para. 48, at 11.

6. See S.C. Res. 745 of February 27,1992, Para. 2, referring to U.N. Doc. S/23613, Para. 85 sub (c), at 19.

7. See Letters of the Ministers of Defence and for Foreign Affairs to Parliament, Bijl.Hand. II1991/92 – 22300 X No.49, at 2, and No. 65, at 1.

8. See S. C. Res. 743 of February 21,1992, Para. 2, referring to U.N. Doc. S/23592, Para. 22, at 6. See also U.N. Doc. S/23280 Annex III, Para. 3, at 15: “The military and police personnel required for the operation would be contributed, on a voluntary basis in response to a request from the Secretary-General, by the Government of Member States of the United Nations […]”.

9. Letter of the Ministers for Foreign Affairs and of Defence to Parliament, Bijl.Hand. II1991/92 - 22181 No. 19, at 1.

10. U.N. Doc. A/43/629 sub II, at 5 (Aide-mÉmoire “Towards comprehensive security through the enhancement of the role of the United Nations”).

11. The applicability of the principle has been explicitly confirmed also with regard to UN observer missions (UNIIMOG: U.N. Doc. S/20093, Para. 4(d)); UNIKOM: U.N. Doc. S/22454, Para. 4(d)).

12. U.N. Doc. A/3302 of November 6, 1956 (UNEF ‘I’ was established by the General Assembly; the same, of course, holds true for operations established by the Security Council, which is the normal pattern in modem times).

13. U.N. Doc. A/6730 Add. 3 of June 26,1967, Para. 73.

14. HammarskjÖld's aide-mÉmoire was published in I.L.M. 595 (1967); for the ‘good faith’ aide-mÉmoire see U.N. Doc. A/3375 Annex of November 20,1956. See for an interesting commentary on this question J.I. Garvey, United Nations Peacekeeping and Host State consent, AJIL 241–269 (1970).

15. See with regard toUNEF ‘II’,UNDOF and UNIFIL: U.N. Doc.S/11052/Rev.l and S/12611, Paras. 4(a).

16. U.N. Doc. S/23280 Annex III, at 15 under the heading ‘General principles’, and S/23592, Paras. 29–30.

17. UNIKOM is an observation mission, to which an infantry element belongs (initially five companies, to be replaced by one or more battalions, if necessary). This element has the special task of ensuring UNIKOM's security (U.N. Doc. S/22454 of April 5,1991, Para. 9).