Legal Framework of Peace Operations. Major Dan Tran Legal Training Officer. Introduction. Peacekeeping was pioneered and developed by the UN 63 UN peace operations to date. History of peacekeeping: six phases. 1946-56: observer missions 1956-1974: first “golden age”
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Legal Framework of Peace Operations
Major Dan Tran Legal Training Officer
- first armed peacekeeping operations
- UNEF I became the prototype
- numbers increased; nature of conflicts and missions changed
- “sub-contracted” peace operations
- but NATO, OSCE, CIS and ECOWAS stepped into the breach
- 13 new UN operations since 1999…
- …as well as many non-UN operations (large and small)
Chap VIII, Art 52: “Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action (However this is subject to other provisions of the Charter)
Eg. African Union: Protocol Relating to the Establishment of the Peace and Security Council of the African Union
Multiple terms -
mil. liaison/obs. missions
Peacemaking interpositional forces
regional missions Peace enforcement
Peace-building Humanitarian missions
The Spectrum of peace and security activities.
Defining Peace Operations
Brahimi Report, paras. 10-14
Peacemaking addresses conflicts in progress and usually involves diplomatic action to bring hostile parties to a negotiatedagreement.
Conflict prevention involves the application of structural or diplomatic measures
to keep intra-state or inter-state tensions and disputes from escalating
into violent conflict.
Mainly based on UN Charter Chapter VI
- non-use of force except in self-defense
“breaches of peace and acts of aggression”, ‘as may be necessary to restore or maintain international peace and security.’
Peace Enforcement Missions
Use of force is NOT limited to self-defense.
use of force for limited objectives (i.e. not to defeat an enemy or win a war)
PEO may involve use of force to separate / disarm warring factions
PEACE BUILDING -covers post-conflict actions, predominantly diplomatic, economic, legal, and security related, that support political, social, and military measures aimed at strengthening political settlements and legitimate governance and rebuilding governmental infrastructure and institutions. PB begins while PEO or PKO are underway and may continue for years.
Joint Pub 3-07.3
Post civil war conflicts:
UNAMSIL (Sierra Leone)
- Haiti (MINUSTAH) and Darfur (UNAMID)
- protection of civilians (Sierra Leone and DRC)
available at http://www.un.org/depts/dpko/training/