Published On: 18th December, 2024
Authored By: Preeti
GD Goenka University
The UN was established in 1945, after the disastrous events of World War II, in order to promote international peace, security, and cooperation among nations. Its founding task is phrased in the unifying Mission of the UN Charter, namely, the prevention of the scourge of wars and the maintenance of international peace and security. In the last several decades, the UN has operated in addressing conflicts, peacekeeping, and loyalty to global stability through diplomacy, sanctions, peace-building missions, and humanitarian interventions. The organization’s continued progress toward these objectives is constantly put to the test, creatures that modern conflicts among archaic notions of what is going on in the sufferings brought about by geopolitical interests and another evolving threat in the backdrop due to global interests. Accordingly, the article seeks to examine how the UN is situated in the complex world of complex UN frameworks for the maintenance of international peace and security, from the different mechanisms, successes, challenges, and development of the overall mission in the 21st century.
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The Security Council
The UN Security Council (UNSC) shoulders by far the greatest responsibility for the maintenance of international peace and security. It mainly consists of 15 members, among which there are five permanent members (the P5 – the USA, Russia, China, France, and the UK), along with ten temporary sitting members. The Security Council can decide:
- existence of any danger to peace, breach of that already existing, and acts of aggression (Article 39).
- the imposition of sanctions and authorization of all necessary actions to restore international peace (Articles 41 and 42).[1]
- establishment of peacekeeping missions and the adherence of parties to the declared cessation of hostilities and peace accords.[2]
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The General Assembly
The role of the General Assembly is auxiliary yet pivotal in the peace and security setup by promoting diplomacy, facilitating dialogue, and adopting soft law resolutions representing international community will. The General Assembly can also under its ‘Uniting for Peace’ resolution (1950) recommend to member states measures of collective action when the Security Council is rendered inert through the exercise of the veto power.
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International Court of Justice:
The ICJ, also informally referred to as the World Court, settles legal disputes between states and provides advisory opinions on international legal questions. Though its role in peace and security is very much limited compared to that of the Security Council, it still creates a habitat for the peaceful resolution of disputes and further development of the body of international law.[3]
Mechanisms of UN Peace and Security
UN employs a variety of mechanisms for conflict prevention, conflict management, and conflict resolution. These include preventive diplomacy, peacekeeping, sanctions, and peacebuilding.
- Preventive Diplomacy
Preventive Diplomacy refers to actions that are involved to prevent disputes from turning into a conflict and also prevent the escalation of conflicts that have already broken out. It often involves settling disputes through negotiation between conflicting parties offering good offices for this purpose or sending an envoy to facilitate dialogue.
- Peacekeeping Operations
The wearing of the blue helmet is the most visible manifestation of the role of the UN in maintaining international peace. These missions have a mandate to be deployed in conflict zones, mainly to enforce ceasefires, protect civilians, and provide an environment for peace negotiations. Peacekeeping forces consist of troops from member states and often assume a neutral posture.
Core Principles of the UN in Maintaining Peace and Security
The three principles consent of the parties, impartiality, and non-use of force-embody the basic structure for UN peacekeeping operations. They aim to support peacekeeping missions by furthering conflict resolution without any bias in Favor of or against one of the conflicting parties while respecting the sovereignty of the state concerned. The following discussion examines the intricacies of these three principles:
- Consent of the Parties
Consent is an acknowledgment; this enjoyment of consent is supplied by accompanying parties to any interposition which usually (but not always) will consist of a host country and some conflicting parties, permitting the UN peace-keeping exercise at the locality of conflict resolution. Consent is crucial for allowing the peacekeeping mission to act in a cooperative environment. When the conflicting parties all agree on the presence of UN peacekeepers, this means that they are already willing to settle for negotiations, reconciliation, and peaceful resolution of the conflict. The consent also allows the mission in the host country to act with legitimacy without necessarily infringing on the host country’s sovereignty.[4]
Example: The UN Transitional Authority in Cambodia (UNTAC), deployed in 1992-1993, was an example of a peacekeeping operation effectively working with the consent of the conflicting parties. Because of the parties’ consent, it would be possible for UNTAC to assist with disarmament and run elections.
- Impartiality
This implies that the UN peacekeepers remain neutral and do not take sides in a conflict, never giving preference to any party. Their mission is to carry out their mandates fairly and in such a way as to allow peace and security to be installed, devoid of any interests of one party against another. Inherent in impartiality is the assumption that a conflict party will place its trust in other parties to the conflict in any given scenario. Thus, the absence of impartiality that may contribute to the peacekeepers’ failure to uphold their mandate would generally render the mission’s legitimacy questionable. Whether the mission personnel are devoid of bias would help ensure that there exists a safe and fair environment for negotiating and or implementing peace agreements.
Example: It was felt that there was a certain uncertainty of neutrality regarding the UN Protection Force deployment in the Bosnian War, while the peacekeepers failed to protect civilians during the siege of Sarajevo and the Srebrenica massacre, where they were accused of not having done enough to prevent acts of violence. A major difficulty faced by the mission was how to effectively balance neutrality and protection thereof.
- Non-use of Force
The non-use of force means armed forces are not allowed to exercise military force against any other for any reason, except by validly acting in self-defence against an attack. That is to say, the operation enjoys a peacekeeping nature contrasting with peace enforcement, where far more aggressive military actions become permissible. Non-use of force means the peacekeeper-often and application of an armed force- is more likely to remain disbelieved and part of neither party involved in the conflict. Emphasis is put on the role of the UN as that of a facilitator of peace rather than that of an enforcer against military means. Peacekeepers are much more concerned with monitoring ceasefires, protecting civilians, and fencing conflicts than embarking on defensive manoeuvres.
Example: The UN Peacekeeping Mission in South Sudan (UNMISS) is one such peacekeeping operation in which the use of force has been authorized to protect civilians under imminent threat. The mandate permits peacekeepers to use force beyond self-defence, in order for them to take much-needed and decisive action that can prevent the catastrophe of large-scale violence and humanitarian crises.
Sanctions imposed by UN
The UNSC has the power to impose sanctions on a country or group using it as a coercive tool that does not involve force. These measures come in different forms such as: economic sanctions, arms embargos, travel bans and freezing assets etc. [5]
Sanctions are intended to force the parties involved to respect international law or peace agreements. Examples of UN sanctioned groups or countries are as follows: –
- Sanctions against North Korea for its nuclear program
- Sanctions against individuals and groups in Sudan for war crimes during the Darfur conflict
- Sanctions against Iran due to concerns over its nuclear activities.
Peacebuilding and the Commission formed by UN
The concept of peacebuilding emerged in the 90s as a way to address the root causes of conflict and promote a durable peace post the end of hostilities. Peacebuilding consists of institution-building, reconciliation processes and good governance among other things.
UN Peacebuilding Commission – The UN Peacebuilding Commission was established in 2005 with the aim of ensuring the international community’s support for countries emerging from conflict and of preventing their backsliding into conflict. Its efforts have so far been concentrated on countries such as Sierra Leone and Liberi are a few examples of the UN being successful in maintaining peace and security.[6]
Successes of the UN in Maintaining Peace and Security
The United Nations has played a central role in resolving conflicts and maintaining peace in various parts of the world. The following are some of the most exemplary cases:
- The independence of Namibia (1989): One of the primary success stories of UN peacekeeping came in 1989 with the transition of Namibia from South African control to independence. The UNTAG (United Nations Transition Assistance Group) worked to organize elections, monitor protests, control the withdrawal of South African forces, and ensure that Namibia made a peaceful transition to sovereignty.
- Cambodia (1991-1993): The self-determination referendum in East Timor (1999) Interesting that Indonesia didn’t stand in the way Resolution 745 of East Timor was approved for referendum.
- El Salvador Peace Accords: The government of El Salvador and FMLN (Farabundo Martí National Liberation Front) peace accords were mediated by the United Nations, thus putting an end to a 12-year civil war. The successful peace process under UN supervision produced democratic reforms and disarmament.
Challenges Faced by the UN in Peace and Security
While the UN has had successes, it remains faced with some tough challenges in the maintenance of general international peace and security, because of the complexity inherent in modern conflicts and the limitations of its organizational structure.[7]
- Veto Power and Deadlock in the Security Council:
The veto power of the five permanent members of the UNSC often leads to deadlock on key issues. This is apparent in conflicts where the national interests of P5 members are in direct concern, such as the Syrian Civil War, where the vetoes of Russia and China have effectively blocked several resolutions against actions taken by the Assad regime. Similarly, the Israeli-Palestinian conflict has seen several resolutions blocked by the United States. The veto power restricts the capacity of the UN to undertake definitive action in situations of gruesome human rights violations and breaches of peace whenever members of the P5 are in contestation and this has been charged to be weak and ineffective on the part of the Organisation.
- Resource and Financial Constraint:
Numerous peacekeeping missions are inadequately funded and are limited in resources. Underfunding of peacekeeping operations leads to operational challenges such as inadequate troop, lack of equipment, and delays in deployment. For example, this led to the waning peacekeeping efforts of the UN during the Rwandan Genocide (1994).
- Complexity of Modern Conflicts:
Most today’s conflicts have nonlinear characteristics in that state and ethnic insurgences are often part of them, and are therefore, difficult to resolve traditionally through peacekeeping. Countries like Syria, Libya, and Yemen have involved numerous state actors rather than just a single government, as well as non-state actors, each of which are supported by different external powers, thus further hampering the UN’s efforts to mediate in these crises.
- Sovereignty vs. Humanitarian Intervention:
More particularly, the United Nations faces the challenge of upholding the principle of non-interference in the internal affairs of member states as enshrined in the UN Charter and dealing with scenarios of gross human rights abuse or humanitarian emergencies. This dichotomy is reflected in the concept of ‘Responsibility to Protect’ that has many times been invoked but has faced paralysis because of fears about intervention and the sanctity of sovereignty.
Conclusion
The United Nations (UN) has been instrumental in the promotion of international peace and security since the organization came into being in 1945. It resolve all conflicts that arise and address them through diplomacy and cooperation even with new emerging issues. Over the years, there are areas where the organization has been relatively successful especially in decolonization, mediation of peace settlements, engaging in peace enforcement by sending troops, and helping war-torn countries to construct a lasting peace. Yet, the function of the United Nations is not without serious detractors as it has to contend some difficult and competing realities, such as international relations theory practice, available resources, and most importantly the current trends in conflict. The UN’s accomplishments in mediating conflict and maintaining peace demonstrate how essential multilateralism is to diplomacy. The peacekeeping operations (PKOs) established frameworks for post-conflict recovery, proving that with political will and adequate resources, the UN can restore stability and prevent the recurrence of conflict. Only through these changes can the UN continue to fulfil its mandate of preventing war and fostering global peace.
References
- https://www.un.org/en/our-work/maintain-international-peace-and-security
- https://www.drishtiias.com/daily-updates/daily-news-editorials/peacebuilding-through-the-united-nations
- https://www.e-ir.info/2020/11/08/how-successful-has-the-un-been-in-maintaining-international-peace-and-security/#google_vignette
[1] S.C. Res. 1706, 3, U.N. Doc. S/RES/1706 (Aug. 31, 2006)
[2] U.N. Charter art. 39, 41, 42
[3] Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004 I.C.J. 136
[4] B. Simma et al., The Charter of the United Nations: A Commentary 145 (3d ed. 2012)
[5] B. Simma et al., The Charter of the United Nations: A Commentary 145 (3d ed. 2012)
[6] Jean-Marie Guéhenno, The United Nations and International Security: Peacekeeping in the 21st Century, 16 Fordham Int’l L.J. 350, 352 (2006)
[7] Gareth Evans, The Responsibility to Protect: Ending Mass Atrocity Crimes Once and for All, 4 Global Responsibility to Protect 432, 436 (2012)