The United Nations has not prevented armed conflict since it was formed, does this mean it is not a
Introduction
The main focus of this question is whether conflicts, which hasn’t been prevented by the United Nations, means that the United Nations are unsuccessful. However, the question asked assumes that the United Nations has never prevented armed conflict since its formation; this assumption is preconceived.
The United Nations is an international organisation founded in 1945. They are made of 193 Member States who are governed by the United Nations Charter. The United Nations is made up of organs. The main organs being discussed are the General Assembly, the Security Council, and the International Court of Justice.[1]
This essay will discuss the effectiveness of the United Nations armed conflict prevention strategy and discuss current, and past, United Nations Operations. The purpose of discussing the effectiveness is to demonstrate how they apply the prevention strategy, and how the Secretary-General recommendation’s shows the United Nations is an adaptable organisation.
General Procedures in the United Nations Charter for Armed Conflict Prevention
The Roles of the Principle Organs in the Prevention of Armed Conflict
The General assembly
The General Assembly works its contribution towards the prevention of armed conflict within its framework of Chapter III, Article 10, 11 and 14, of the United Nations Charter.
Article 10 states:
The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.’[2]
Article 11 states:
1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2,[3] and, except as provided in Article 12,[4] may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to situations, which are likely to endanger international peace and security.[5]
Article 14 states:
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.[6]
The General Assembly uses its authority, within the articles set out above, to consider cooperation in the maintenance of international peace and security, discuss any questions relating to the international peace and security. The General Assembly, also, develop recommendations to the Security Council, if the issue isn’t already being discussed,[7] or to member states, or both, on situations that are likely to endanger international peace and security.
The powers set above are the General Assembly’s lawful guidance that, if actively used, contributes towards the prevention of armed conflicts. These articles are set out in the United Nations Charter to guide General Assembly. However, the Secretary-General recommended, in his report on Prevention of Armed Conflict, to the General Assembly to “consider a more active use of its powers, in accordance with Articles 10, 11 and 14 of the Chart of the United Nations, in the prevention of armed conflicts,” and “consider ways of enhancing its interactions with the Security Council on conflict prevention.”[8] These recommendations, as it seems to appear, do not oblige member states to act upon them. It is noticeable that the terms, “recommend,” and “consider”, is a complete loophole for member states in the General Assembly whereby the member states are not obliged to act upon the recommendations.
The Security Council
The Security Council is the primary organ for the responsibilities of armed conflict prevention. It works within its framework of Chapter V of the United Nations Charter and its guidance to pacific settle of disputes set in Chapter VI.[9] As part of its functions and powers, set in Article 24-26 of the United Nations Charter, they can make such decisions to prevent conflict which Members of the United Nations must agree to accept and carry out, providing these decisions are within the scope of the United Nations Charter.
Chapter VI, Article 34 of the United National Charter, allows the Security Council to investigation any disputes or any situations which may cause friction between nations. Article 34 states:
The Security Council may investigate any dispute, or any situation, which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.[10]
Article 37, of the United Nations Charter, allows the Council to welcome any party in any disputes to settle their disputes by the Security Council. Article 37(1) states: ‘Should the parties to a dispute of the nature referred to in Article 33[11] fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.’ This Article provides states to settle their disputes by referring them to the Security Council.
Chapter VII of the United Nations Charter gives the Security Council specific powers on to how to settle disputes. There are many Articles within the United Nations Charter that guides parties to a dispute, and the Security Council, on how to settle their disputes without using armed conflict. However, Article 42, of the United Nations Charter, gives the Security Council the power to authorise action by means of armed conflict to restore international peace and security. Article 42 states:
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.[12]
It appears that the Security Council may only authorise such action, set out above, as a last-resort action. However, many wars have broken out since the formation of the United Nations that the Security Council has struggled to resolve; this includes Rwanda[13] and Yugoslavia.[14]
Since the United Nations formed the Security Council, 171 wars have broken out.[15] This doesn’t necessarily mean the Security Council has failed. Members may not have resolved their disputes through the Council and just resorted the use of armed conflict. Furthermore, the wars have come to an end. So does this mean the Security Council has resolved the fighting nations disputes before any other further endangerment of international security and peace?
It could be argued that the Security Council has failed to recognise disputes or failed to resolve disputes due to the substantial numbers of wars since its formation. But, has the Security Council ‘failed’ to recognise or resolve disputes, or ‘struggled’ to recognise or resolve disputes? The Security Council and Member States can only be guided by the United Nations Charter and limited to those powers within it; also, parties to a dispute has to effectively compromise their disputes with an acceptable manner without making the work strenuous on the Security Council to allow the Council to settle their dispute effectively.
The Secretary-General has recognised, in his 2001 report on ‘Prevention of Armed Conflict’, that the Security Council needs ‘an ad hoc informal working group or other informal technical arrangement to discuss prevention cases on a continuing bases’.[16] This brings to the Security Council a great advantage on the use of time. The Security Council can devote, and pass down information, to the other informal working group to continue a discussion that has been on-going with the previous group for a long period in one day; this allows fresh minds to carry on the discussion while the previous group can rest for later discussions.
International Court of Justice
The International Court of Justice has been involved in conflict prevention for many years. The court prevents conflict by delivering judgements, on disputes between two states, by peaceful means. The Court renders advisory opinions on legal issues, a power given by Article 96 of the United Nations Charter.[17]
Article 96(1) of the United Nations Charter states, “The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal questions.”[18]
Although Article 96(1) of the United Nations Charter gives that power, and Article 94(1) makes Members to comply with the courts decisions, Article 94(2) makes it clear that parties can fail to perform judgements given by the Court. That Article also gives the power to the other party to take the dispute to the Security Council.
Article 94 states:
1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.[19]
Article 94 distinctly shows that Members are not enforced to comply with decisions given by the Court. The Charter allows the other parties to refer the case to the Security Council, instead of enforcing the decision on a Member who fails to comply with that decision. Article 59 of the Statute of the International Court of Justice states, “the decision of the Court has no binding force except between the parties in respect of that particular case”.[20] Can we really call this Organ a Court if it cannot enforce decisions on a case?
Article 60 of the State of the International Court of Justice mentions, “the judgement is final and without appeal”.[21] How can a party effectively appeal, or settle a dispute by peaceful means, if the disagreeing party has no rights to do so?
The combination between Article 59 and Article 60 of the Statute of the International Court of Justice is perhaps ineffective for conflict prevention. If a party disagrees with the decision; one, how can both parties effectively make a binding decision, and two, how can a party appeal against the Court decision? The parties may well take their dispute to the Security Council, but the Security Council can only recommend or decide on measures which can only have an effect on the judgement. If the state disagrees with the decision, then making recommendations based around the Courts decision is unproductive.
Maintaining International Peace and Security
Current United Nations Peacekeeping Operations
Since the Formation of the United Nations, it as served 69 peacekeeping operations. The United Nations is now currently peacekeeping in 16 countries.[22] The United Nations operates in severe conditions and situations, from the protection of civilians to maintaining ceasefire.[23]
UNTSO
The operation ‘United Nations Truce Supervision Organization’ (UNTSO) is the longest serving mission since the formation of the United Nations, May 1948. Their goal in this operation is to ‘monitor ceasefires, supervise armistice agreements, prevent isolated incidents from escalating and assist other UN peacekeeping operations in the region to fulfil their respective mandates’ in the Middle East. This is a large-scale mission, with 26 contributing countries, which has remained in the area due to constant changing circumstances.[24]
UNFICYP
Since March 1964, the United Nations has had troops on the grounds of Cyprus to prevent fighting between the Greek Cypriot and Turkish Cypriot communities; the mission is called United Nations Peacekeeping Force in Cyprus (UNFICYP). This is an operation that has taken over 50 years and they are still operating.[25]
Since the breakout in Cyprus 1974, the United Nations has adopted a number of resolutions to expand the mandate of UNFICYP. Since this hostility the United Nations guard the boarder between the two nations, Greek Cypriot and Turkish Cypriot, to supervise a ceasefire. They are also maintaining a buffer zone, and undertaking humanitarian activities.[26]
A Failed Peacekeeping Operation
Rwanda
The withdrawal of the Rwandan Genocide, a mass slaughter of 800,000 Tutsi and Moderate Hutus, between April – June 1994, is one the United Nations most infamously recognised failures since its formation. When the genocide officially broke out on the April of 1994, the Government of Belgium, the operating country for the United Nations Assistance Mission for Rwanda (UNAMIR), decided to withdraw from the mission[27] as it was seemed to be impossible to carry out the original mandate.[28]
The United Nations failed to accept evidence, and early warning signs, that genocide was being planned. One of the evidence submitted was in 1992 when Johan Swinner, the Belgian ambassador in Kigali, warned his government that a secret group of Hutu Power, the Akazu, was planning an extermination of the Tutsi. When the genocide broke out, the Security Council ordered the UNAMIR to withdraw.[29]
Conclusion
Since 2001 around 15 wars has broken out (almost 1 armed conflict a year) compared to the remaining 150 wars between the year 1945 and 2001 (almost 3 armed conflicts a year).[30] Let’s not forget that there has not been another World War since the United Nations formed.
The United Nations is a developing organisation and is adapting to the global economics and political changes. The Secretary-General recommends changes to organs in the United Nations to increase its effectiveness in conflict prevention. It’s then up to the organs to act upon these recommendations.
Since the formation of the United Nations, there have been 69 peacekeeping operations, although not many a success like Rwanda, but has kept ceasefires and peacekeeping under control. Also, let’s bear in mind other goals achieved by the United Nations such as promoting woman rights, the reduction of child mortality, and wiping out polio.[31]
It is reasonable to say that it will be prejudice against the United Nations to conclude that they are unsuccessful due to a few cockups, major or not, in conflict prevention. The United Nations do more than just work on conflict prevention, such as promote human rights and wipe out discrimination.[32]
The purpose of this essay was to demonstrate that the United Nations are adaptable, and are working hard towards conflict prevention and other humanitarian activities. Just because the United Nations struggled to prevent conflict in some missions, does not mean the United Nations is unsuccessful.
Bibliography
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References
[1] United Nations, "About The UN | United Nations" (2015) <http://www.un.org/en/about-un/index.html> accessed 24 December 2015.
[2] United Nations, “Charter of the United Nations”, (1945)
[3] United Nations, “Charter of the United Nations”, (1945), Chapter VI, Article 35(2)
[4] United Nations, “Charter of the United Nations”, (1945), Chapter III, Article 12
[5] United Nations, “United Nations Charter”, (1945)
[6] United Nations, “Charter of the United Nations”, (1945)
[7] United Nations, “Charter of the United Nations”, (1945), Chapter III, Article 12: 1
[8] Report of the Secretary-General, ‘Prevention of Armed Conflict’ (2001) UN Doc A/55/985-S/2001/574
[9] United Nations, “United Nations Charter”, (1945)
[10] United Nations, “Charter of the United Nations”, (1945)
[11] United Nations, “Charter of the United Nations”, (1945)
[12] United Nations, “Charter of the United Nations”, (1945)
[13] Un.org, "UNAMIR" (2016) <http://www.un.org/en/peacekeeping/missions/past/unamirFT.htm> accessed 2 January 2016.
[14] Un.org, "UNPROFOR" (2016) < http://www.un.org/en/peacekeeping/missions/past/unprof_b.htm> accessed 2 January 2016.
[15] War-memorial.net, "All Wars In The 20Th Century - The Polynational War Memorial" (2015) <http://www.war-memorial.net/wars_all.asp> accessed 26 December 2015.
[16] Report of the Secretary-General, ‘Prevention of Armed Conflict’ (2001) UN Doc A/55/985-S/2001/574, Page 13
[17] Report of the Secretary-General, ‘Prevention of Armed Conflict’ (2001) UN Doc A/55/985-S/2001/574, Page 14-15
[18] United Nations, “United Nations Charter”, (1945)
[19] United Nations, “United Nations Charter”, (1945)
[20] United Nations, “Statute of the International Court of Justice”, (1946)
[21] United Nations, “Statute of the International Court of Justice”, (1946)
[22] List Of Peacekeeping Operations 1948 - 2013 (1st edn, United Nations 2016) <http://www.un.org/en/peacekeeping/documents/operationslist.pdf> accessed 2 January 2016.
[23] Un.org, "Current Peacekeeping Operations. United Nations Peacekeeping" (2016) <http://www.un.org/en/peacekeeping/operations/current.shtml> accessed 2 January 2016.
[24] Un.org, "UNTSO Background - United Nations Truce Supervision Organization" (2016) <http://www.un.org/en/peacekeeping/missions/untso/background.shtml> accessed 2 January 2016.
[25] Un.org, "United Nations Peacekeeping Force In Cyprus (UNFICYP)" (2016) <http://www.un.org/en/peacekeeping/missions/unficyp/> accessed 3 January 2016.
[26] Un.org, "UNFICYP Mandate - United Nations Peacekeeping Force In Cyprus" (2016) <http://www.un.org/en/peacekeeping/missions/unficyp/mandate.shtml> accessed 3 January 2016.
[27] Un.org, "UNAMIR" (2016) <http://www.un.org/en/peacekeeping/missions/past/unamirFT.htm> accessed 2 January 2016.
[28] UNSC Res 872 (05 October 1993) UN Doc S/RES/872 (1993)
[29] Gregory Stanton, "The Rwandan Genocide: Why Early Warning Failed" (2009) 1 Journal of African Conflicts and Peace Studies.
[30] War-memorial.net, "All Wars In The 20Th Century - The Polynational War Memorial" (2015) <http://www.war-memorial.net/wars_all.asp> accessed 26 December 2015.
[31] Flora Khoo and Flora Khoo, "10 Things Accomplished By The United Nations - BORGEN" (BORGEN, 2013) <http://www.borgenmagazine.com/10-things-accomplished-united-nations/> accessed 3 January 2016.
[32] United Nations, “United Nations Charter”, (2015)
