Peacekeeping, the General Assembly, and the Secretariat in International Peace and Security

Peacekeeping Operations

• Peacekeeping operations are not specifically mentioned in the UN Charter. They are absent from both Chapter VI (Pacific Settlement of Disputes) and Chapter VII (Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression).

• Peacekeeping is considered a solution created by the UN itself to address threats to international peace and security that were not originally envisaged by the drafters of the UN Charter.

• The concept has been termed a "Chapter six and a half" measure. This signifies that it does not fall squarely under the peaceful settlement of disputes in Chapter VI, nor does it constitute the enforcement actions found in Chapter VII.

• The primary purpose of traditional peacekeeping is to keep the peace, not to enforce it.

• Unlike enforcement under Article $42$, which relies on troops from member states or regional organizations authorized by the Security Council, a peacekeeping operation is under the direct control of the United Nations.

Traditional Principles and Evolving Roles of Peacekeeping

• Historically, peacekeeping did not involve the use of force. Its functions were limited to:

  • Monitoring ceasefires.

  • Monitoring the withdrawal of forces from designated areas.

  • Providing reassurance to parties that ceasefire obligations would be respected.

• Traditionally, peacekeeping was guided by three key principles:

  • Consent of the Parties: All involved parties must consent to the UN mandate and the presence of the mission.

  • Impartiality: Peacekeeping operations must remain neutral and not take sides in the dispute.

  • Non-use of Force (except in self-defense): Force is only permitted to defend members of the peacekeeping operation.

• There has been an evolution in the spectrum of peacekeeping tasks:

  • Light-Touch Monitoring: Small-scale forces monitoring ceasefires, such as the mission in the Golan Heights between Israel and Syria.

  • Transitional Administration: The UN may serve as an administration for locations where government control is absent or non-existent following a conflict. Specific examples include Kosovo and Semoleste (Timor-Leste).

• The attitude toward the use of force has expanded. Modern mandates may include:

  • Ensuring the demilitarization of safe areas.

  • Protecting persons residing in demilitarized areas from armed attack.

  • Ensuring the delivery of humanitarian assistance.

  • Monitoring and enforcing no-fly zones (e.g., in Bosnia and Herzegovina).

Global Trends and Trends and Logistics in Peacekeeping

• Reliance on peacekeeping has expanded significantly since the end of the Cold War in the $1990s$, following a relative plateau during the Cold War era.

• As of $2015$, the core of peacekeeping operations has been concentrated in Sub-Saharan Africa.

• Missions are closed once their mandates are fulfilled, with the Security Council deciding on renewals at specific intervals.

• Long-standing missions include:

  • The mission in Cyprus (UN FIL).

  • United Nations Military Observer Group in India and Pakistan (UNMOGIP), established in $1949$.

• Contributor Dynamics:

  • The UN has no standing army; it relies on member states for personnel.

  • According to $2022$ data, the majority of troop-contributing countries are developing nations.

  • Western states contribute relatively few troops; France and Spain are noted as exceptions with small contributions.

  • This has created a controversy regarding the "division of labor," where developed countries provide the majority of funding while developing countries provide the personnel.

The Role of the UN General Assembly (GA)

• Structure of the GA:

  • Function: The parliamentary body of the United Nations.

  • Membership: Includes all $193$ UN member states.

  • Democracy: Viewed as the most democratic organ because every state has one vote and there is no veto power.

• Subsidiary Role for Peace and Security:

  • While the Security Council has original/primary responsibility (referenced as Article $29$ in the lecture), the GA has powers under Articles $11$ and $14$.

  • Article $11$: The GA can discuss and make recommendations on questions relating to the maintenance of international peace and security brought before it by member states or other organs.

  • Article $14$: The GA can recommend measures for the "peaceful adjustment of any situation" that is likely to impair general welfare or friendly relations, including violations of the Charter. This power is broader as it is not limited strictly to "threats to peace."

• Judicial Confirmation:

  • Certain Expenses Case ($1962$ Advisory Opinion): The International Court of Justice (ICJ) confirmed the Security Council's role is primary but not exclusive. The GA can authorize peacekeeping with the consent of states involved.

  • SC Exclusive Competence: The Security Council retains exclusive competence for coercive enforcement actions under Chapter VII. The GA cannot force states to implement its decisions.

Relationship and Conflicts Between the GA and Security Council

• Article $12$ Constraint:

  • Article $12$ states that the GA cannot make recommendations regarding a dispute if the Security Council is currently exercising its functions regarding that same dispute, unless requested by the Security Council.

• Practice of Parallelism:

  • In practice, the GA and SC have frequently considered the same issues simultaneously.

  • Wall Advisory Opinion ($2004$): Requested by the GA concerning the legal consequences of the construction of a wall in occupied Palestinian territory.

  • Israel challenged this request as ultra vires (beyond powers) citing Article $12$ and the Security Council's active engagement with the Palestinian question.

  • The ICJ ruled the GA request was consistent with Article $12$. The Court noted an increasing tendency for the bodies to deal with matters in parallel. The SC typically focuses on peace and security, while the GA takes a broader view (humanitarian, social, and economic consequences).

Resolution 377: Uniting for Peace

• Origin and Historical Context:

  • Adopted on $11/03/1950$ in response to the Korean crisis.

  • The Soviet Union was boycotting the Security Council because Taiwan held the China seat instead of Beijing.

  • While Russia (the Soviet Union) was absent, the SC passed resolutions on the Korean crisis. Upon Russia's return, further action was blocked by vetoes.

• The Mechanism of Resolution $377$:

  • Provides that if the Security Council, due to a lack of unanimity among permanent members (veto), fails to exercise its primary responsibility during a threat to peace, breach of peace, or act of aggression, the General Assembly shall consider the matter immediately.

  • The GA aims to make appropriate recommendations to members for collective measures.

• Limitations of Uniting for Peace:

  • The GA cannot adopt binding actions; it can only make recommendations.

  • It cannot authorize forcible measures akin to Article $42$, as the only exceptions to the Article $2$, paragraph $4$ prohibition on the use of force are self-defense and SC-authorized collective security.

• Application and Examples:

  • Used recently regarding the situation in Ukraine when the Security Council was deadlocked.

  • Measures include: allocating UN funds for mitigation, establishing investigative mechanisms, calling for ceasefires and withdrawals, or setting up peacekeeping with state consent.

The UN Secretariat and Secretary General

• Secretariat definition: The international civil service or "UN bureaucracy."

• Functions of the Secretary General:

  • Leading the Secretariat.

  • Article $99$ Power: The Secretary General can bring matters to the attention of the Security Council (rarely used in practice).

  • Prevention and Resolution: A large portion of work involves prevention and informal conflict resolution through "good offices," mediation, lobbying, and diplomacy (often performed "behind the scenes").

Recap and Preparation

• The UN system constrains the use of force through collective security, primarily via the Security Council (Chapter VII).

• Peacekeeping and roles played by other organs (GA, Secretariat) provide additional tools for international stability.

• Supplemental Material: A podcast from the Security Council Report ($20$ - $25$ minutes) provides an overview of the Security Council's expected challenges in $2026$, highlighting shifts caused by conflicts such as US-Israel-Iran tensions.