The maintenance of international peace and security represents the primary purpose behind the establishment of the United Nation. It reflects the intentions and desire of it founders who sought to establish an international organization for achieving this end. It is a prerequisite to any other purpose of the United Nations. Without it no friendly relations, no international cooperation, and no harmonization of nation’s action could be achieved. Because of the importance of international peace and security, the founders of the United Nation insisted on it and emphasized it in the preamble and the charter of the organization. They stated all the possible principles, methods and procedures which are to be followed to attain this end.
The theme “We are going to create a collective security system, and this time we are going to make it work” dominated the entire process of planning and formulating the United Nations.
Charter (2) the charter provided a system for the pacific settlement or adjustment of disputes, and the use of collective measures in threat to or breaches of peace and acts of aggression.
The first method provided by the system is that of seeking peaceful settlement or adjustment of disputes and situation by peaceful means listed in the charter. The second method is that of taking collective actions (measures) of a coercive nature for the prevention and removal of threats to the peace and for the suppression of acts of aggression and other breach of the peace. Through these two methods delineated in chapter VI entitled “Pacific settlement of disputes” and chapter VII entitled “Actions with respect to Threats to the peace, breaches of the peace, and act of aggression” of the chapter, the United Nations primarily exercises its role in maintaining international peace and security.
– Pacific Settlement Of Disputes (3)
Chapter VI of the chapter of the United Nations contain the procedures for the pacific settlement of disputes. Article 33 obliges the parties to a dispute, “the continuance of which is likely to endanger the maintenance of international peace and security” to seek a solution by “negotiation, cancellation, arbitration judicial settlement, resort to regional agencies or arrangement, or other peaceful means of their own choice;
(4) under this article, any part to any dispute which is likely to endanger the maintenance of international peace and security is obligated to seek, first of all, a settlement by the traditional peaceful procedures already established in international law.
In the contemplation of the chapter, the first recourse of nations in dispute should be to any of the peaceful methods, in a manner that international peace and security, and justice, are not endangered. This position is justified, first on the grounds that it will relieve the United Nations of the burden of handling too large number of controversies and, on the second, that will minimize the interference of the united nation in the affairs of sovereign.
(5) However, should the parties to a dispute fail to observe their obligation under articles 33 or their attempts be unsuccessful, the United Nations would intervene to consider the matters and to give it recommendations and decisions under the charter. The security council is given the primary responsibility regarding peace and security. Whatever the action taken by the parties, they cannot prejudice the right of the security council to intervene by inter-investigation or recommendation of appropriate procedures or method of adjustment or settlement of any dispute which is likely to endanger international peace and security. The security council is entitled to intervene either by it own initiative (6) upon invitation of any member of the United Nations, (7) upon a call of attention by the General Assembly (8) upon a call of attention by the Secretary General, (9) or upon a complaint for a party to a dispute (10) to discharge its duty for maintaining international peace and security, the security council may follow three courses of action. Firstly, the security council may call upon the parties to a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, to settle their dispute by any of the peaceful means listed in article 33. (11) secondly, it may in case of dispute of the nature referred to in article 33, recommend “appropriate procedure or methods of adjustment” (12) thirdly, it may recommend “terms of settlement as it may consider appropriate”. (13) Although under the charter the security council is given the primary role for maintaining international peace and security. The general assembly may call the attention of the security council to situations which are likely to endanger the maintenance of international peace and security. (14) It may discourse any question relating to the maintenance of international peace and security, and may make recommendations with regards to any dispute or situation to the concerned state or to the security council or to both. (15) It may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, (16) questions, disputes or situation may be brought before the general assembly by the security council (17) by any member of the United Nations (18) or by any state which is a party to a dispute (19). However, the General Assembly is prevented from making any recommendation with regards to any dispute or situation while the security council is exercising it function in respect of it, unless the council so request (20) this is a limitation imposed on the authority the general assembly in making recommendation relating to the maintenance of international peace and security.
In practice with regard to the pacific settlement of disputes (or “Peacemaking” as it may be known), (21) The United Nation has provided various means through which conflicts, disputes, and situations are contained and resolved. (22) The security council has applied all the available diplomatic techniques in various international disputes, in addition to open debate and behind the scenes discussion and lobbying, it has called upon the parties to a dispute to resort to any peaceful means of their own choice to settle their disputes, it has recommended to the parties specific appropriate procedures or method of adjustment. It has recommended to the parties specific appropriate procedures or method of adjustment.
It has recommended to the parties way to resolve their disputes or terms of settlement. (23) it has dispatched special envoys or mission for specific takes such as investigation, fact finding, or negotiation. It has requested the secretary general to assist the parties in reaching a settlement to their disputes, the impartially of the secretary General is one of the United Nations’ assets. The secretary General has taken diplomatic initiatives to encourage and maintain the momentum of negotiations. He has used his “good offices” for mediating, or to exercise “preventive diplomacy”. That is to take actions in order to prevent dispute from arising. To resolve them before they escalate into conflicts or to limit the speed of conflicts when they occur. In many instances, the secretary General has been instructed to avert threats to peace or to secure peace agreements.
To foster the maintenance of peace, the General assembly has held special or emergency special sessions on issues such as disarmament, and the question of Palestine, over years, it has helped promote peaceful relations among nations by adopting declarations on peace, the peaceful settlement of disputes and international co-operation. It has established investigatory organs to examine matters under consideration by it. It has established subsidiary organs for observation, mediation, conciliation and good offices.
Under chapter vi relating the specific settlement of disputes and other articles of charter or the united nations, the security council and General Assembly may exercise their role in maintaining international peace and security by discussions, investigations and recommendations. But the possibility remains that pacific settlement may fail to resolve the disputes which may become so serious as to constitute threats to or breaches of the peace or acts of aggression. In such cases, the United Nations may intervene by taking collective action of coercive nature for the prevention and removal of the consequence of such disputes.
– Collective Enforcement Actions
The method of using collective enforcement (coercive) action by the united nations is provided by chapter vii of the charter and the provisions of the “uniting for peace” resolution (24)
(A) chapter vii of the charter (25)
Chapter vii authorise the security council to deal with threat to the peace, or act of aggression and to collective enforcement actions (measures)in order to maintain or restore international peace and security. The security council under article 39, the first article of chapter vii is given as wide discretion in determining “make recommendations”, or to “decide what measures shall be taken in accordance with articles 41 and 42 to maintain or restore international peace and security”, such a determination under Article 39 is an essential pre-condition to the operation of chapter vii of the charter; the security council cannot exercise its power under this chapter, particularly article 41 and 42 without such a determination made expressly or implicitly.
(B) Uniting for Peace Resolution
The uniting for peace resolution grants the general Assembly the power to act in place of the security council if the latter fails, because of the lack of unanimity of its permanent members, to discharge it primary responsibility in maintaining international peace and security in any case where there appears to be a threat to the peace, breach of the peace or act aggression. (36) under this resolution, the general Assembly may do by recommendation anything the security council may do by decision under chapter vii of the charter.
(C) United Nation Forces
The use of military forces by the united nations for the purpose of maintaining and restoring international peace and security represent the effective measures which may be employed by the organization under the occasions, the united nation has established international military forces.
The U.N force which was established in korea in 1950 was the only force of peace enforcing nature. The united nations electoral assistances important feature in united nation peace operation, in 2005 and 2006, U.N peace- keeping forces supported election in six post conflict countries. Afgharistan, Burundi Haiti, Iraz, Liberia and the democratic republic of the congo-with populations totalling over 120 million.
This was case of unified command in korea (1950-1953). See Abdullarahim, the united nations and the maintenance of international peace and security pp
REFERENCE
Dr. Walid Abdularahim professor of law. Private site for legal research and studies.
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