International Peacekeeping and restoration of Peace

1. THE PRACTICE AND THE EVOLUTION OF THE SYSTEM The revive and the enlargement of collective security International Peacekeeping and restoration of Peace

2. 1. The phenomenon A. Political conditions; B. Legal conditions. 2. The evolution through the practice A. Iraq; B. Enlargement of the concept of collective security; C. An Agenda for Peace. 3. Manifestations of the practice A. Proliferation of UN operations; B. Recourse to sanctions; C. UN operations associated to humanitarian actions; D. Creation of Ad hoc Tribunals. 4. Debate Table of contents

3. Progressive debilitation of Soviet Union: end of Cold war • Internal cohesion of 5 Permanent members of SC; • Convergence of position of UN members 1. The phenomenon- political conditions

4. 1. The phenomenon- Legal conditions Cold War • UN missions based on classical peacekeeping mandate according to Chapter VI; • Monitoring truces and peace treaties (combination of military and diplomatic means); • Demilitarization activities in the aftermath of ceasefires and peace agreements. After Cold War • UNSG Boutros Boutros-Ghali encouraged An Agenda for Peace (1992) through which UN gradually broadened its post-conflict portfolio with a more comprehensive approach (promotion of sustainable peace processes and supplement classical peacekeeping with mid-to long- term peace-building mandates to manage peaceful transition: wider peacekeeping); • Recourse to Chapter VII as a whole.

5. 2. The evolution through the practice- Iraq Historical context • 2nd august 1990, invasion and annexation of Kuwait; • first time since the creation of UN that a territory of member state was forcibly annexed. SC practice • Unanimity in condemning the invasion; • reference to Chapter VII: breach of the peace under art. 39; • Res. 660 immediate and unconditional withdrawal of Iraqi forces; • Res. 661 diplomatic, political economic sanctions (art. 41); • Btw August and November, 12 Resolutions to pressure and give an ultimatum to Iraq.

6. - Res. 660- 678: SC in the majority of cases refers to Chapter VII as a whole without precising the single articles. - After the end of the hostilities, Chapter VII is crossed and overcome through other resolutions, particularly: • Res. 687 imposition to Iraq of conditions of peace; • Res. 688 authorisation of type of humanitarian intervention within the Iraqi territory: practice without precedent. 2. The evolution through the practice- Iraq

7. Resolution 688 • Condemns the repression of the Iraqi civilian population in many parts of Iraq, including most recently in Kurdish populated areas, the consequences of which threaten international peace and security in the region; • Demands that Iraq […]that an open dialogue will take place to ensure that the human and political rights of all Iraqi citizens are respected; • Insists that Iraq allow immediate access by international humanitarian organizations [..]; • Requests the Secretary-General to pursue his humanitarian efforts in Iraq and to report […] in particular the Kurdish population; • Use all the resources at his disposal, including those of the relevant United Nations agencies, to address urgently the critical needs of the refugees and displaced Iraqi population; • Appeals to all Member States and to all humanitarian organizations to contribute to these humanitarian relief efforts 2. The evolution through the practice- Iraq

8. January 1992, SC President declaration: “The absence of war and military conflicts amongst States does not in itself ensure international peace and security. The non-military sources of instability in the economic, social, humanitarian and ecological fields have become threats to peace and security. The United Nations membership as a whole, working through the appropriate bodies, needs to give the highest priority to the solution of these matters.” The notion of maintenance of peace acquired progressively a wider scope of application for including all the different goals assigned to Un and pursued by priority action of SC. 2. The evolution through the practice- enlargement of collective security concept

9. “ We have entered a time of global transition marked by uniquely contradictory trends. Regional and continental associations of States are evolving ways to deepen cooperation and ease some of the contentious characteristics of sovereign and nationalistic rivalries. National boundaries are blurred by advanced communications and global commerce, and by the decisions of States to yield some sovereign prerogatives to larger, common political associations. At the same time, however, fierce new assertions of nationalism and sovereignty spring up, and the cohesion of States is threatened by brutal ethnic, religious, social, cultural or linguistic strife. Social peace is challenged on the one hand by new assertions of discrimination and exclusion and, on the other, by acts of terrorism seeking to undermine evolution and change through democratic means.” 2. The evolution through the practice- an agenda for peace: context

10. “Poverty, disease, famine, oppression and despair abound, joining to produce 17 million refugees, 20 million displaced persons and massive migrations of peoples within and beyond national borders. These are both sources and consequences of conflict that require the ceaseless attention and the highest priority in the efforts of the United Nations. A porous ozone shield could pose a greater threat to an exposed population than a hostile army. Drought and disease can decimate no less mercilessly than the weapons of war. So at this moment of renewed opportunity, the efforts of the Organization to build peace, stability and security must encompass matters beyond military threats in order to break the fetters of strife and warfare that have characterized the past. But armed conflicts today, as they have throughout history, continue to bring fear and horror to humanity, requiring our urgent involvement to try to prevent, contain and bring them to an end.” “Since the creation of the UN in 1945, over 100 major conflicts around the world have left some 20 million dead. The UN was rendered powerless to deal with many of these crises because of the vetoes - 279 of them - cast in the Security Council, which were a vivid expression of the divisions of that period.” 2. The evolution through the practice- an agenda for peace: context

11. “- To seek to identify at the earliest possible stage situations that could produce conflict, and to try through diplomacy to remove the sources of danger before violence results;
- Where conflict erupts, to engage in peacemaking aimed at resolving the issues that have led to conflict;
- Through peace-keeping, to work to preserve peace, however fragile, where fighting has been halted and to assist in implementing agreements achieved by the peacemakers;
- To stand ready to assist in peace-building in its differing contexts: rebuilding the institutions and infrastructures of nations torn by civil war and strife; and building bonds of peaceful mutual benefit among nations formerly at war;
- And in the largest sense, to address the deepest causes of conflict: economic despair, social injustice and political oppression. It is possible to discern an increasingly common moral perception that spans the world's nations and peoples, and which is finding expression in international laws, many owing their genesis to the work of this Organization.” 2. The evolution through the practice- an agenda for peace: aims

12. A. Proliferation of UN operations B. Recourse to sanctions C. Un operations associated to humanitarian actions D. Creation of Ad hoc Tribunals 3. Manifestations of the practice

13. 1988-1992: operations launched as many as during previous 40 years; • Mutation of the nature of UN missions. 3. Manifestations of the practice- Proliferation of UN operations

14. 3. Manifestations of the practice-Proliferation of UN operations

15. 3. Manifestations of the practice-recourse to sanctions under Chapter VII

16. 3. Manifestations of the practice- Un operations associated to humanitarian actions

17. Aim: give the Tribunals competence on the judgments of crimes against humanity perpetrated in Yugoslavia and Rwanda. Ratio: maintenance of international peace can threaten by massive and grave violations of human rights. 3. Manifestations of the practice- creation of ad hoc tribunals

18. Current Peacekeeping operations

19. Debate: UNSG v. Doctrine The practice of elevating humanitarian crises to threats to the peace is not without its danger (SC is eager to retain discretionary power). Through the enlargement of the notion of threat to the peace the SC also authorised member states to use force with a view restoring democracy or public order.

20. Debate: UNSG v. Doctrine Lazare Kopelmanass Les fondateurs de l’ONU avait voulu que le CS n’intervient que à titre exceptionnel, mais, dans la pratique de l’organization, la compétence du CS a été mise en jeu d’une manière pour ainsi dire constante. « L’évolution de l’ONU », Politique étrangère, 1948.