THE PRACTICE AND THE EVOLUTION OF THE SYSTEM

The revive and the enlargement of collective security

1. The phenomenonA. Political conditions;B. Legal conditions.

2. The evolution through the practiceA. Iraq;B. Enlargement of the concept of collective security;C. An Agenda for Peace.

3. Manifestations of the practiceA. Proliferation of UN operations;B. Recourse to sanctions;C. UN operations associated to humanitarian actions;D. Creation of Ad hoc Tribunals.

4. Debate

• Progressive debilitation of Soviet Union: end of Cold war

• Internal cohesion of 5 Permanent members of SC;

• Convergence of position of UN members

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.

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.

- 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.

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

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.

“ 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.”

“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.”

“- 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.”

A. Proliferation of UN operationsB. Recourse to sanctionsC. Un operations associated to

humanitarian actionsD. Creation of Ad hoc Tribunals

• 1988-1992: operations launched as many as during previous 40 years;

• Mutation of the nature of UN missions.Classical operations New operations (actions de

service public- Daudet)

Operations implemented at the end of International conflict

Operations implemented also during internal conflicts

- Purpose of mediation between the parties involved in the conflict without interference in domestic jurisdiction of any State -(art. 2.7 UN Charter- (in 1995, 5 operations still pending: ONUST, FNUOD, FINUL, Cyprus, Kashmir). *p.645

- Purpose of monitoring directly the establishment of stable and democratic political regime (elections observatory: Albania, El Salvador, Congo, Guyana, Guinea, Liberia, Madagascar, Mali, Rwanda, Togo and Angola).- Particular cases (Namibia and Cambodia): peacekeeping, peacemaking and eventually peace building

PEACE KEEPING PEACE MAKING PEACE BUILDING

Maintenance of peace.

“the deployment of a United Nations presence in the field, hitherto with the consent of all the parties concerned, normally involving United Nations military and/or police personnel and frequently civilians as well. Peace-keeping is a technique that expands the possibilities for both the prevention of conflict and the making of peace.”

Reestablishment of the peace.

“Action to bring hostile parties to agreement, essentially through such peaceful means as those foreseen in Chapter VI of the Charter of the United Nations.”

Reconstruction of legal and economical structure for guaranteeing peace and security.

“action to identify and support structures which will tend to strengthen and solidify peace in order to avoid a relapse into conflict. “

LYBIA 1992

Historical Context

SC sanctions

Lybia accused to support international terrorist actions which caused the loss of civil aircrafts

•Resolution 748:- Interruption of economic relations and air communications;- Interdiction of armaments sale;- Reduction of diplomatic and consular foreign missions;•Creation of ad hoc sanctions committee

YUGOSLAVIA( Serbia- Montenegro) 1991-1993

Historical Context

SC sanctions

With the collapse of the Social Federal Republic of Yugoslavia in 1991;1992 only Serbia and Montenegro agreed to maintain the Yugoslav state

•Resolution 713: -Embargo on armaments:•Resolution 757:- Economic, diplomatic and political sanctions;•Resolution 787 and 820;•Creation of ad hoc sanctions committee

Iraq (precedent) Bosnia Herzegovina Somalia

Resolution 688 Resolution 770 Resolution 794 (Restoring hope)

Addressed to kurdish people and refugee

Addressed to member states

Addressed to member states (USA) under UN control

humanitarian relief Support all necessary measures to favour the humanitarian channel of main International relief institution (ICRC, OCHA)

Humanitarian action in a country reduced to famine because of civil war

FORPRONU action, at first interposition action and then enlargement to humanitarian assistance

Lack of neutrality;Lack of international character of the conflict

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.

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.

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.