United Nations Governance of Postconflict Societies

2001 ◽  
Vol 95 (1) ◽  
pp. 76-85 ◽  
Author(s):  
Michael J. Matheson

Since the end of the Cold War a decade ago, the United Nations has exercised authority in significant new ways to address various aspects of resolving conflicts and dealing with their consequences. These new approaches have included the use offeree to end interstate and internal violence, the resolution of boundary issues and other disputes that might prolong the conflict, the elimination of threatening weapons capabilities, the prosecution of violations of international humanitarian law, and the compensation of victims of the conflict. These actions have been taken either with the consent of the state or states involved, or pursuant to the authority of the Security Council under Chapter VII of the UN Charter, or both.

2018 ◽  
Vol 40 (1) ◽  
pp. 97-115
Author(s):  
Mariana Pimenta Oliveira Baccarini

Abstract This article analyses attempts to reform the United Nations Security Council from a historical-institutional perspective. It argues that the possibilities for reform have suffered from a ‘lock-in’ effect that has rendered the UN resistant to change. On the other hand, the UN decision-making process has evolved since its establishment, especially since the end of the Cold War, in response to new power aspirations, making it more representative and legitimate. The Security Council has also undergone continuous informal reform that has allowed it to adapt to new times.


Author(s):  
Maria Fernanda Affonso Leal ◽  
Rafael Santin ◽  
David Almstadter De Magalhães

Since the first peacekeeping operation was created until today, the UN has been trying to adapt them to the different contexts in which they are deployed. This paper analy- ses the possibility of a bigger shift happening in the way the United Nations, through the Security Council, operates their Peacekeeping Operations. The change here ad- dressed includes, mainly, the constitution of more “robust” missions and the newly introduced Intervention Brigade in the Democratic Republic of Congo. By presenting three missions (UNEF I, UNAMIR and MONUSCO) deployed in different historic periods, we identified various elements in their mandates and in the way these were established which indicate a progressive transformation in the peacekeeping model since the Cold War - when conflicts were in their majority between States – until present days, when they occur mostly inside the States.


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).


Author(s):  
María José Cervell Hortal

The concept of nuclear nonproliferation was coined in a formal way at the beginning of the 1960s, though the Treaty on the Non-Proliferation of Nuclear Weapons, or Non-Proliferation Treaty (NPT), signed in 1968, would be the text that would consolidate it. After the bombing of Hiroshima and Nagasaki in 1945, humanity was conscious of the danger of these weapons, and nuclear proliferation turned into one of the main problems of the Cold War period; their control and the implementation of strategies to limit them have become a priority since then. During the Cold War, nuclear weapons and deterrence policy were crucial elements in the peaceful coexistence of the two power blocs, and the initiatives to control them grew, as both countries were conscious of the danger that this accumulation could cause. The NPT created two categories of states: the “officially” nuclear ones, which could maintain their weapons (China, France, the United Kingdom, the Soviet Union, and the United States) and the nonnuclear ones, which were not allowed to acquire or develop them. Two more concepts emerged: vertical proliferation (that of the five official nuclear states) and horizontal proliferation (that of the states that had nuclear weapons but rejected to be a NPT party). Other treaties—multilateral, regional, and bilateral—which also sought to control the nuclear proliferation (see Treaties and Agreements Preventing Nuclear Weapons Proliferation) were subsequently added. The end of the Cold War did not eliminate the danger. In fact, the Security Council considered in 1992 (Document S/23500, 31 January) that the proliferation of nuclear weapons “constitutes a threat for the international peace and security” (p. 4) that permitted it to activate, if necessary, chapter VII of the United Nations (UN) Charter and all the consequences derived from it. With the new millennium, the United Nations Secretary-General described mass destruction arms (nuclear included) as one of the threats to peace and security in the 21st century (see United Nations General Assembly 2005, cited under Security Council, General Assembly, and Secretary-General, para. 78). Nowadays, the nuclear question is still of great relevance. The nuclear problems in the 21st century’s international society are wide and varied and include states that withdrew the NPT (North Korea), states that fail to comply with it (Iran), states that have not yet ratified it (Israel, India, Pakistan), and non-state actors (such as terrorist groups), which are more and more interested in the wide destructive power of nuclear weapons. The adoption of the Treaty on the Prohibition of Nuclear Weapons of 7 July 2017 was a significant step, but the low number of state accessions shows that nuclear weapons are still a relevant threat.


1997 ◽  
Vol 37 (321) ◽  
pp. 675-683
Author(s):  
Cécile Aptel

The International Criminal Tribunal for Rwanda was created on 8 November 1994 by the United Nations Security Council, of which it is a subsidiary body. Its task is to help restore and maintain peace and bring about national reconciliation by trying persons allegedly responsible for acts of genocide and other grave breaches of international humanitarian law committed in Rwanda and Rwandan citizens suspected of committing such acts and violations in the territory of neighbouring States between 1 January and 31 December 1994.


1994 ◽  
Vol 88 (4) ◽  
pp. 784-805 ◽  
Author(s):  
M. Cherif Bassiouni

Throughout modern history, there have only been three internationally established commissions to investigate war crimes and prepare for eventual prosecutions before international and national judicial bodies: the 1919 Commission on the Responsibilities of the Authors of the War and on Enforcement of Penalties for Violations of the Laws and Customs of War (1919 Commission), the 1943 United Nations War Crimes Commission (UNWCC), and the Commission of Experts established pursuant to Security Council Resolution 780 (1992) to investigate violations of international humanitarian law in the former Yugoslavia (Commission of Experts). Even though there are no connections among the three bodies, there is enough historical precedential value in the first two as the antecedents of the Commission of Experts to warrant a brief examination.


Author(s):  
Nigel D. White

Peacekeeping is a development of the Cold War and a creation largely of the United Nations. The deployment of such forces was not envisaged by the UN Charter of 1945, but peacekeeping has proved vital in securing a minimum level of peace and security in trouble spots around the world. Although new in its day, the “traditional” type of peacekeeping force first deployed in Suez in 1956 reflected traditional, or classical, principles of international law in that it was based on the consent of the host state or states, and even though it appeared to constitute military intervention, its respect for sovereignty was reflected in the neutrality of such forces. The trinity of peacekeeping principles of consent, impartiality, and nonuse of aggressive force very much reflected those fundamental principles of international law—of sovereignty, nonintervention, and nonuse of force found in Article 2 of the UN Charter. However, Article 2 (paragraph 7) and Chapter VII (Article 42) of the UN Charter both recognize that the UN Security Council (UNSC) has exceptional powers to undertake enforcement action, which has led to, on occasions, peacekeeping forces being given more coercive mandates. The dialectic between consensual peacekeeping and its more belligerent variant was established as early as the second full peacekeeping force in the Congo in 1960–1964, and it is currently back on the agenda as the United Nations struggles to implement the “protection of civilians” agenda through coercive mandates given to UN forces. Coercive mandates mean that peacekeepers are increasingly crossing the line to become war fighters, or “combatants” in the language of international humanitarian law, causing confusion as to the legal status of peacekeepers, who are traditionally not seen as legitimate targets; indeed, attacks on them remain prohibited. Even consensual post–Cold War peacekeeping has moved away considerably from the traditional buffer forces of the Cold War, evolving in the early 1990s toward complex civilian-military operations designed to build the peace as well as to keep it, and including within its structure military, police, humanitarian, and other civilian elements. A vast amount of literature exists on peacekeeping, a significant part of which is listed in the Oxford Bibliographies in International Relations article “Peacekeeping” by Erik K. Rundquist. The focus here is on the legal aspects of peacekeeping, and the overlap with the bibliography by Rundquist is kept to a minimum.


Author(s):  
Coralie Pison Hindawi

This chapter examines how the Security Council used its powers under Chapter VII of the United Nations Charter to react to threats to the peace, breaches of the peace, or acts of aggression by Iraq against Kuwait. With the invasion and annexation of Kuwait in August 1990, Iraqi decision makers had to expect an international reaction. However, they surely could not anticipate that this move would place Iraq in the shadow of Chapter VII's enforcement measures for the two decades to come. This chapter explains how Iraq's invasion of Kuwait became a perfect opportunity to demonstrate the potential of the resurrected UN collective security system. It argues that rather than being reborn in Iraq after its demise during the Cold War, the UN collective security system was in fact buried again in Iraq as the Chapter VII regime became a trap from which the country had no chance to escape.


2009 ◽  
Vol 27 (2) ◽  
pp. 347
Author(s):  
Joelle A. Martin ◽  
Robert M. Young

During its 1999-2000 term on the United Nations Security Council, Canada helped launch the Council’s “Protection of Civilians in Armed Conflict” agenda. This aimed to reduce civilian war casualties through better respect for international humanitarian law [IHL]. This article reviews the agenda’s origins and evolution ten years on. The authors focus on Canada’s contributions in increasing the Council’s efforts to protect civilians, with three main assertions. First, Canada had a key role in creating and promoting the agenda, an important IHL initiative. Second, the agenda is well established in the Council’s work, but needs further effort to ensure greater impact in specific situations. Third, Canada could develop the agenda and improve respect for IHL if it joins the Security Council for the 2011-2012 term, picking up its “unfinished business” from its last Council term.Pendant son mandat de 1999-2000 au Conseil de Sécurité de l’ONU, le Canada a aidé à lancer le programme « La protection des civils dans les conflits armés » du Conseil. Le but était de réduire le nombre de victimes civiles de la guerre en faisant respecter davantage le droit international humanitaire [DIH]. Cet article passe en revue l’origine du programme et son évolution après dix années. Les auteurs portent leur attention sur les contributions du Canada pour augmenter les efforts du Conseil en vue de la protection des civils, en faisant trois affirmations principales. D’abord, le Canada a joué un rôle-clé dans la création et la promotion du programme, une initiative importante de DIH. Deuxièmement, le programme est bien établi au sein du travail du Conseil, mais nécessite des efforts additionnels afin d’assurer plus d’impact dans des situations particulières. Troisièmement, le Canada pourrait développer le programme et améliorer le respect du DIH s’il devient membre du Conseil de Sécurité pour 2011- 2012 lui permettant de reprendre ses « affaires inachevées » lors de son dernier mandat au Conseil.


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