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General UN Principles
• Collective security, requiring commitment and participation from all member states.
o In the Cold War era, conflicts with no clear superpower agenda were often not accorded the same attention
by the superpowers. With the lack of initiation from first tier powers, there were at best small-scaled efforts
for non-Cold War conflicts. (eg. Cyprus)
o Yet, this bipolar world, while tense, was stable, where both superpowers actively took up mandate of
leadership for most international conflicts.
o In the post Cold War era, with the fall of the Soviet Union ushering in a unipolar world, this had been largely
unstable and unpredictable. With the initial wave of US enthusiasm for Peacekeeping dying out after Somalia,
post Cold War UN missions had suffered greatly.
• Maintenance of international peace through respect of sovereignty and condemnation of hostilities.
• All councils can only make stances and recommendations. Only the UNSC is allowed to impose sanctions and lawful
actions in which all countries involved must abide by.
o The General Assembly and International Court of Justice relies on the UNSC to enforce its ‘verdicts’ with its
legally binding force.
General Assembly
Strengths Limitations
Sets international values and principles the international Not legally binding – inability to legally enforce its
community can agree with and abide by. recommendations through force and legality. It also took
• UN Charter Chapter 4 Article 11: ‘Consider and secondary precedence to the Security Council.
make recommendations on principles of co- • UN Charter Chapter 4 Article 12: ‘Cannot
operation.’ recommend or discuss issues dealt by the SC,
• UN Charter Chapter 4 Article 13: ‘Initiate studies unless requested to do so.’
and make recommendations to promote
international co-operation in areas of politics,
economic, social, health, educational, human
rights and fundamental freedoms.’
Able to have the final decision over the UN’s administrative Unable to enforce any concrete action without backing of
matters, giving it the authority to shape UN agenda. superpowers / subservient to superpower interests
• Decides the admission of new members into the • While the GA is able to vote the Secretary-
United nations General, the candidature list is first VETOed by
• Appoints the Secretary-General into office the Security Council.
• Decides the UN budget and its allocations • USA funding holds 30% of entire UN budget, in
which enforces US influence over member states
in the GA. The GA was paralysed and left with no
choice to abide by US wishes when the US
refused to pay its regular contributions to the UN
budget in 1985.
Able to take command of peacekeeping missions when the This authority was largely still up to the discretion of the
Security Council is paralyzed (UNSC Resolution 377A), Cold War superpowers to transfer the matter to the UN.
allowing for more effective and efficient course of action to
be taken by second tier powers
All member states have ‘equal’ say as each member state Diversity in membership especially in later years where
is entitled to all voting procedures. Especially in the later newly independent states joined with national interests of
years of the UN, there was an ability to remain impartial socio-economic building as priority.
from superpower interests due to the large diversity of • Resolution 1514 ‘Declaration on the Granting of
membership and the rise of regional blocs independent of Independence to Colonial Countries and People’
superpower interests / spheres of influence. passed in 1960 that legitimised all anti-colonial
• By 1971, USA no longer had enough influence to struggles.
stop the GA vote that authorised VETO to be • The GA made the UN Conference on Trade and
granted to PRC in the UNSC, nor did it have Development a permanent subsidiary organ of
enough influence to stop the passing of Zionism the GA in 1964 to serve the economic needs of
as a form of racial discrimination. the developing countries. This saw proposals
such as the “New International Economic Order”
to solve third world trade problems.
Consensus building became difficult to achieve with
increasingly diversified membership.
• Rise of Afro-Asian bloc, along with OPEC, Latin
American bloc and the Western European bloc.
UNSC Resolution 377A – ‘Uniting for Peace Resolution’
• Allowed the General Assembly to discuss and make recommendations on international peace and security in
the event that the SC fails to exercise its primary responsibility in doing so, with full authority to take legal
action and utilise armed forces if necessary. The General Assembly becomes centre-stage in the handling of
the crisis and takes over the function of the UNSC, especially when the General Assembly was able to take a
more impartial stance as compared to the Security Council polarised by superpower conflict.
• However, this resolution was drafted as a result of superpower rivalry, with the USA enacting this to
overcome the Soviet VETO in the Security Council over the Korean War, showing that without superpower
intervention, the amplification of the role of the General Assembly would not have happened.
• Superpower interests could still be served through the General Assembly due to superpower clout over blocs
of member states in the General Assembly, essentially causing the General Assembly to be subservient to
superpower interest and not entirely their own political will.
• 377A was born out of the Cold War and hence very influenced by the changing Cold War context and thawing
and deterioration of superpower relationships. Its importance varied in accordance to whether the
superpowers felt it was in their interest to sideline the UNSC or the UNGA. The onset of Détente and the
eventual end of the Cold War saw the demise in the importance of the General Assembly as the superpowers
were able to work together in the UNSC.
• Resolution 377A was only employed several times, such as in the Korean War and the Suez Crisis. Both were
examples of the GA being a resounding success. Yet, there was a constant superpower influence over the
conflict resolution negotiations and solutions in both crises.
o Suez Crisis: USA and USSR played critical roles in mobilising their allies in the General Assembly to
propose solutions to the crisis by mobilising and encouraging second tier powers to take initiative,
and also exerted pressures on Britain and France by condemning their aggression.
o Korean War: USA played heavy role in shaping the course of action – contributing 90% of
peacekeeping troops to the UNC and General McArthur commanding the UNC.
Strengths Limitations
Legally binding – internationally recognised to be the Polarised by VETO, a structural flaw that leaves the
policing body to condemn aggression through legal council vulnerable to superpower interests and changing
action, military mobilisation and economic sanctions. Cold War context.
• An especially potent problem in the Cold War,
where the USA and USSR had frequently
employed their VETO rights to block UN action
that ran against their interests.
Keeps P5 entrenched in commitment to the UN by P5 hold disproportionate amount of influence over other
ensuring their interests are preserved with heavy influence member states, rendering all efforts of the council void
in the council. should superpowers evoke VETO rights.
• Especially pertinent after the 1970s, where the
pick up of the pace of decolonisation meant that
superpower influence over the General Assembly
was diluted.
Strengths Limitations
Able to tailor the focus of the UN onto specific issues, Often subjected to harsh critic from superpowers and
including structural reforms and new directions. restricted in ability to manoeuvre out of fear of upsetting
superpower interests. The Secretary-General functions well
when supported by BOTH superpowers simultaneously.
‘Good offices’ and use of neutrality to act as unbiased Vague job scope means the role of the Secretary-General
mediator in brokering resolution to conflicts. is very dependent on personal agency.
• The Secretary-General is first approved by the Security Council and hence subjected to VETO, making the
office of Secretary-General very dependent on superpower interests and favour. Hence, the success of an
incumbent Secretary-General depended heavily on his ability to navigate through superpower diplomacy.
• The Secretary-General rarely can successfully function individually, requiring co-operation from the
General Assembly and the Security Council to work cohesively to solve the crisis at hand.
Event Impediment
Congo Crisis UN recognition of Mobutu-Kasa-vubu regime, limiting of resources reaching Lumumba’s troops and harsh arrests
on Tshombe’s governors was a key sign that the UN was not clear on what action was ideal to take in unifying the
country and could not take effective action by maintaining a neutral stance. It instead was rendered ineffective,
both internationally by compromising neutrality and risking its reputation and locally by seeding discord amongst
fragmented Congo population.
Somalia Crisis There was a potent UN failure to accurately gauge the magnitude of the conflict and the corresponding strategy
to tackle it due to the very foreign and new kind of intrastate conflict of anarchy emerging in Somalia.
o Underestimated the size of the threat, with an initial proposal of a 50 men observer force.
o The proposed UNOSOM I only had 500 troops to advance humanitarian causes with no mandate for the
use of force. With almost 1.5 million people facing starvation and the never-ending siege of warlords on
UN supplies with troops unable to defend or fight back, such as Aydeed’s siege over Pakistani troops
guarding UN food supplies in Mogadishu, there was a clear inadequacy of too small a peacekeeping
force working on too weak a mandate.
o The UN had continued to refrain from political and military intervention into Somalia, choosing to stick to
the narrow mandate of humanitarian aid through UNOSOM I and UNITAF. This is despite the inability to
engage in humanitarian efforts if the civil war was not first addressed. Only in UNOSOM II was the
mandate of the UN expanded to include forcing the disarmament and ceasefire of Aydeed.
Rwanda The UN had dragged its feet into intervening into Rwanda, with the consistent trend of having too late and too
Genocide little a response. This meant that international will stood still and effectively saw the genocide occur to
completion, with little to no attempts to manage the situation.
Cambodian The fluctuating and polarised stances of the local actors, including Prince Sihanouk, the Khmer Rouge and the
Crisis State of Cambodia had made it difficult for the UNTAC to establish a long-term political solution.
Furthermore, the Khmer Rouge was engaging in genocide activities and crimes against humanity, which further
complicated the situation.
Also, there was confusion on which local authority the UN should be accountable to: the local Vietnam puppet
regime or the CGDK government in exile.
Yugoslavia Lack of central government made it difficult for the UN to maintain neutrality or gain consent, with UN
incompetency further exacerbated by tense ethnic divisions amongst Serbs, Muslims and Bosnians. The lack of
mandate to use force, with preference to broker peace agreements with the Serbs / Milosevic despite the failure
of the Three-Fold Agreement, also meant that local violence continued.
Counter-example:
East Timor The lack of pre-existing localised conflict and the lack of any form of political system prior to UN involvement
gave the UN full sovereign control over East Timor, which simplified the local political situation as the UN did not
have to face complexities in neutrality or in gaining consent since there was none to be compromised to begin
with.
Lack of international commitment
• In light of repeated UN failures, the US had a change in heart and had switched the focus of its foreign
policy to unilaterally withdraw all troops from UN activities.
• Likewise, many countries started to prioritise their national interests and preservation of troops’ lives
over UN missions. This led to exponential decrease in involvement of troops, hence impacting negatively
the ability of the UN in consolidating troops for peacekeeping operations.
• This weakness in military presence almost ensured the capacity and impact of the UN in the conflict would
be minimal since little could be enforced of enough weight to challenge hostile parties.
• The lack of international commitment was most prominent in domestic conflicts, where local events would
have little interest or impact on international stakeholders.
Event Impediment
Cyprus Countries like France and the USSR had refused to provide financial or resource help to the UN, viewing the
Cyprus issue as a domestic conflict rather than an international one that warranted their attention. Also, Cyprus
was not in the geopolitical or Cold War interests of the superpowers. However, it is critical to recognise how even
with the lack of initiation of the P5, the UNFICYP had still managed to carry out its necessary action.
Other UN members were initially unwilling to commit their troops due to the parallel occurrence of the Congo
Crisis, which saw many casualties as a result of peacekeeping.
Somalia Crisis 18 American lives lost in Black Hawk Down had altered the face of peacekeeping permanently as the UN reduced
presence in Somalia, with the Americans pulling out all troops in UNOSOM II by December 1994 and the UNSC
voting unanimously to withdraw from Somalia by March 1995.
This also had a multiplier effect on all other crises that followed. US lack of involvement had a multiplier effect on
the rest of the member states who followed suit to the change in US foreign policy.
Rwanda Crisis It took 5 months for the UN to assemble a 2,548 strong troop for UNAMIR I, which was too little to exert any force
enough intimidation to combat radical efforts at genocide. In fact, Belgium and Pakistan, the only two countries
who contributed, had only intended to commit 400 troops initially. This was further reduced to 27 lightly armed
personnel after local aggressors killed 10 Belgian peacekeepers. UNAMIR could not have coped with 2 million
refugees, 2 million internally displaced citizens and 800,000 dead.
The UN continued to drag its feet, only forced to respond to the humanitarian crisis after 200,000 Rwandans
were already killed in the genocide, through UNAMIR II. Yet, it took the UN another 6 months for 5,500 strong
troop for UNAMIR II to rebuild Rwanda, in which the genocide and damage was already done. Its impact then
remained very limited as it had idly allowed for the conflict to occur.
The United States even went as far as to avoid using the term ‘genocide’ to describe the Rwandan Crisis, so as to
avoid the need for UN commitment to Rwanda.
Cambodia The international community dragged its feet on Cambodia, with a somewhat unwilling attitude to be involved in
Cambodia’s domestic affairs:
o Did not stop the atrocities committed by the Khmer Rouge, with a genocide killing 2 million Cambodians
o Did not stop the Vietnamese invasion into Cambodia, apart from the passing of several UNGA resolutions
put up by ASEAN members in the 1970s
o Only engaged in efforts in 1991, upon the end of the Cold War ending Soviet support for Vietnam
Yugoslavia Lack of international commitment, coupled with US isolationist stance, led to the UN only being able to consolidate
10% of the targeted 14,000 troops for UNPROFOR. This led to the need for the UN to collaborate with NATO.
Evolution and Effectiveness of UN Mandate
• Due to increasing complexities in the development of the conflict, the UN mandate in its peacekeeping
troops often was revised to better equip the troops with more leeway to enact action. However, this
sometimes was not the case.
• The UN Mandate often is severely restricted by its inability to breech neutrality and its non-use of force,
whereby only under special circumstances can the UNSC invoke troops with rights to use all force
necessary. This severely limited UN ability to deal with violence and hostilities.
Congo Crisis Able to evolve its mandate to meet the changing needs UNOC’s mandate was vague and was interpreted
of the situation on the ground in Congo, strengthening differently by the GA, SG and local leaders.
its ability to manoeuvre in the violent conflict.
UNOC’s original mandate was to facilitate peace with
This saw the expansion with the UNSC Resolution 169 neutrality and non-use of force. However, Lumumba
that called for the SG to take vigorous action. This led wanted to use ONUC to suppress Katanga’s secession
to U Thant engaging in Operation UNOKAT, which and expressed his sentiments to the local UN
allowed for ONUC to use of ‘all force necessary’ to representative, to which broke both the UN’s neutral
force Tshombe to disarm, and Operation Grand Slam in stance and its non-use of force. This was eventually
the use of extreme military force that compelled achieved in Operation Morthor, where UN
Tshombe to surrender. representative O’Brien had authorised the arresting of
leaders to end the secession. This broke the original
mandate of ONUC to remain isolated from internal
party politics.
Event Limitations
Korean War The US was often accused of using the UN as a means to advance its own Cold War policies. Besides pushing for
the United Nations Command multilateral effort, the US also had acted unilaterally in:
o Deploying US troops from Japan to Osan in July 1950 before UN intervention in the Korean Peninsular
o Deploying the US 7th Fleet to the Korean Peninsula
Lebanon War Beyond endlessly VETOing any and all resolutions that went against the interests of Israel in the UNSC, the US
took matters into their own hands to broker their own peace in the Lebanon War by creating the Multinational
Force in Lebanon comprising of Western allies.
o MNF had marginalised the work of UNFIL with its stronger mandate and more aggressive leadership.
o The MNF had allowed for continued Israeli occupation of Lebanon, while also served US-Israel interests
in removing 7,500 Palestinian fighters related to the PLO from Beirut to preserve Israel’s security
concerns.
Yugoslavia In the UN-NATO collaboration, the NATO made it very clear that it was not under UN direction, viewing its role
most robustly as a multilateral military intervention. NATO engaged in air strikes against Bosnian Serbs, which
contradicted instructions given by the UNSC.
The UNSC had used its VETO against NATO resolutions very frequently, due to the clashing of UN’s peacekeeping
stance with NATO’s military interventionist stance.
First Gulf War The US had very strong interests in the conflict, and hence engaged belligerently on a dominating, unilateral
policy advancing its own political agenda in Kuwait against Iraq. This more often than not saw the US overtly
dominating and controlling UN course of action, and often saw the US engaging in unilateral action.
US unilateral action:
o Unilateral launch of Operation Desert Shield, where 230,000 American troops were sent to Saudi Arabia
to deter any further invasion by Iraq into the territory its regional neighbours.
o Unilateral launch of Operation Desert Storm on 15th February 1991 in US military action against Iraq to
force Iraqi withdrawal from Kuwait.
o President Bush authorised a doubling of US troops to Iraq and Kuwait even before the deadline for Iraqi
withdrawal on 15 January 1991 could come to fruition.
Cold War interests also meant that some crises had more attention and
therefore more effective resolution than others.
UN International Laws
Characteristics of International Law
• International Law is discussed and agreed upon by consensus building amongst UN member states.
o Consensus building allows member states to exert indirect moral pressures on those who
breech these laws to conform to international standards.
o However, this may lead to a biased nature of conventions in only representing views of the
majority and neglecting the objections of the minorities.
• Disputed nature of international law due to the inherent considerations of national interests impeding
the formation of an international consensus on a complete definition of international problems.
o This undermines the effectiveness of international law by undermining its credibility. This then
makes it difficult for the UN to enforce these laws and see its abidance by it from the
international community.
o International Law often is only able to react to existing problems rather than pre-empting
them, limiting its effectiveness.
• Requires external enforcement by the UNSC.
o Although signing the UN Charter binds all 192-member states to be subjected to the rules
defined in the UN Charter, this does not guarantee that all countries will abide by it.
o All punishments for breeches of international law and rulings by the International Court of
Justice need to be enforced by the Security Council if the state does not accept them willingly.
UN Organs of International Law
Effective Limitations
General Assembly Ability to conduct research and shed attention on Non-binding nature prevents its
areas of concern pertinent to international co- recommendations and resolutions as being
operation. This allows the arrangement of accepted as international law.
research and technical expertise to be made o Dependent on the voluntary abidance of
available to the UN for further development. member states to the General Assembly’s
o Article 13 of Chapter 4 of UN Charter: GA resolutions.
shall initiate studies and make o Upon ratification, these recommendations
recommendations for the purpose of become legally binding. BUT ratification is a
promoting international co-operation. voluntary process that member states must
o Setting up of the General Assembly Sixth be willing to take up.
Committee to make concrete
recommendations from legal advisors to
member states, creating a basis for
development of future international laws.
o Creation of special committees to examine
specific legal matters, such as SPECPOL and
DISEC.
International Law Does research and formulates information critical
Commission for the development of international law to be
sent to the General Assembly for further
consideration.
o Convention on the non-navigational uses of
international watercourses in 1997
o Convention of the Law of Treaties between
states and international organisations or
between international organisations adopted
in 1986.
Strengths Limitations
1948 Genocide Responded quickly to the calls from Cuba, India and The ICC and Special Tribunals could
Convention Panama to consider genocide after the horrors of the be exploited as political tools to
(71% ratification) Holocaust in WWII. It was also a confirmatory codification of advance Western agenda, evident in
a well-established international norm that genocide was not its selective usage of it with only
to be tolerated and was a gross act of a breech of human criminals from African states tried.
rights.
Even though genocide was an
The Convention on the Prevention and Punishment of the internationally recognised crime and
Crime of Genocide was adopted in 1948 only after two the convention had been up since
years of discussions. 1948, the UN could not prevent
future episodes of genocide in
Addressed a pressing concern that only states and not Rwanda, Bosnia, Cambodia etc.
individuals can be persecuted for the conduction of
genocide. Cumbersome process that would take
o Creation of Special Tribunals in Rwanda and Yugoslavia up to decades for research, fact
o Creation of the International Criminal Court check and for a fair verdict to be
issued.
Allowed the resolution of intra-state conflicts where o Criminal Tribunal for
governments embarked on genocides on its own people. Yugoslavia started in 1993
but is only due to complete
its mandate by 2014,
costing $271 million.
o Perceived biasness in
charging Serbians and not
Albanians for the conflict.
UN Convention on the Consistent attempt to address a pertinent area of need UNCLOS was non-binding and
Law of the Seas stemming from territorial, economic and defence concerns. depended heavily on the willingness
(UNCLOS) o Three conferences were held in a span of three of countries to ratify and abide by its
decades to improve UNCLOS. recommendations.
Enforcement
Limitations
1948 Genocide The rulings of the ICC and Special Tribunals were not legally binding. The verdicts were to be willingly
Convention acted upon by the states in which the crime happened to ensue punishment.
UNCLOS Newly independent states, which only participated as clients in UNCLOS I and II, were not legally
bounded to abide by the conventions established in UNCLOS I and II. This created ambiguities as to
the jurisdiction and the universality of UNCLOS I and II and whether UNCLOS could be enforced onto
them.
UNCLOS was only successful in managing international relations but could not force countries to
abide by its principles.
o South China Sea dispute: China reclamation of land to form ‘islands’ to lay claims using UNCLOS
on the surrounding waters of these islands
Laws against The UN is not an international policing body that could punish terrorists who breeched these
International international protocols, depending heavily on the states themselves to do so.
Terrorism
Strengths Limitations
Corfu Channel Able to determine an impartial ruling that
(1946) recognised the rights and the wrongs of both
parties in the case.
[Albania and UK] o Ruled that Albania was responsible for
compromising the right to innocent passage,
but its sovereignty was infringed by further
actions of the British.
o Ruled that Britain was responsible for
infringing Albania’s sovereignty, but should
receive reparations for its damages.
Both parties accepted the rulings very readily
and the dispute was ended.
Anglo-Icelandic The ICJ had ruled that it had jurisdiction to rule The ICJ’s legitimacy and reputation was
Cod Wars over the case brought to its attention by the undermined by the refusal of a small power like
(1958 to 1974) United Kingdom, despite Iceland’s refusal to Iceland to confer jurisdiction of the issue to the
confer jurisdiction to the ICJ. ICJ. This set a precedence of other states’
[Iceland and UK] behaviour towards the ICJ.
o Even after the ICJ’s ruling of its jurisdiction,
Iceland had not complied, with its absence
from hearings and refusal to co-operate.
Strengths Limitations
Corfu Channel Did not require help from the GA or SC to enforce Could not enforce or speed up the repayment of
(1946) the rulings as both parties had voluntarily the 850,000-pound compensation Albania had
[Albania and UK] accepted the ICJ ruling. to pay the United Kingdom.
Namibia’s There was a clear alignment and co-operation Entirely dependent on GA and SC to mount
Independence between the GA, SC and ICJ to ensure that the international pressures on South Africa and
(1950 to 1966) issue would be resolved with proper verdicts. force its compliance to withdraw from Namibia.
o 1971 ICJ Advisory Opinion was reinstated
[South Africa and with SC Resolution 276, where the SC took The ICJ was limited entirely by the lack of South
Namibia] active steps to enforce ICJ’s ‘rulings’. Africa’s active referring of the case to the ICJ for
o Increased pressure from the GA saw the jurisdiction.
gradual breaking of diplomatic relations
between member states and South Africa in
1962. This was followed by further action in
1968 to recognise Namibia as an
independent country and call upon the SC.
o SC adopted sanctions against South Africa
and through Resolution 566 called for an
arms embargo against South Africa in 1985.
Phreah Vihear The ICJ could act independently from the GA and Thailand only accepted the 1962 ICJ ruling upon
Temple SC despite discrepancies over its ruling. international pressures that forced it to withdraw
(1962) its claims of the ICJ’s bias against Thailand.
[Cambodia and
Thailand]
Iran Hostage Strong dependence on the SC to enforce the
Crisis ICJ’s rulings against Iran.
(1979 to 1981) o SC passed unanimous resolutions, such as
Resolution 457 to call for the release of the
[Iran and USA] hostages and Resolution 461 to continue
condemning Iran.
Nicaragua The ICJ’s rulings could not be enforced upon
(1984) American unwillingness to accept it due to the
VETO rights the Americans held in SC.
[Nicaragua and o USA hence was not required to stop aid to
USA] the Contras and did not have to pay
reparations to Nicaragua.