1. Legal Framework of Peace Operations
Major Dan Tran Legal Training Officer

2. Introduction Peacekeeping was pioneered and developed by the UN
63 UN peace operations to date

3. That concludes our presentation on the changes to the summary discipline system.
There is a brochure re the changes by the door - If you did not collect one on the way in, please take one when leaving.
Are there any final questions?

4. History of peacekeeping: six phases
: observer missions
: first “golden age”
- first armed peacekeeping operations
- UNEF I became the prototype
: first lull
: second ‘golden age’
- numbers increased; nature of conflicts and missions changed
- “sub-contracted” peace operations

5. History of peacekeeping (cont’d)
: second lull for UN peacekeeping
- but NATO, OSCE, CIS and ECOWAS stepped into the breach
1999-present: the pendulum swings back
- 13 new UN operations since 1999…
- …as well as many non-UN operations (large and small)

6. Peacekeeping today
Today, about 93,500 uniformed personnel in UN missions, plus 21,000 civilians
About 84,000 in non-UN operations (mainly NATO in Afghanistan and Kosovo)

7. However …
That concludes our presentation on the changes to the summary discipline system.
There is a brochure re the changes by the door - If you did not collect one on the way in, please take one when leaving.
Are there any final questions?

8. United Nations Peacekeeping
Peacekeeping not mentioned in UN Charter.
Nor is ‘Peace Enforcement’ or ‘Peace Operation’

9. How are they created? UN peace ops Regional/Coalition peace ops
By consent
By binding Security Resolution
Regional/Coalition peace ops
Regional arrangements

10. How are they created? Legal Authority
Chapter VI Pacific Settlement of Disputes
Chapter VII Action with Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression
United Nations peacekeeping is a unique and dynamic instrument developed by the Organization as a way to help countries torn by conflict create the conditions for lasting peace. The first UN peacekeeping mission was established in 1948, when the Security Council authorized the deployment of UN military observers to the Middle East to monitor the Armistice Agreement between Israel and its Arab neighbours. Since then, there have been a total of 63 UN peacekeeping operations around the world.
The term "peacekeeping" is not found in the United Nations Charter and defies simple definition. Dag Hammarskjöld, the second UN Secretary-General, referred to it as belonging to "Chapter Six and a Half" of the Charter, placing it between traditional methods of resolving disputes peacefully, such as negotiation and mediation under Chapter VI, and more forceful action as authorized under Chapter VII.
Over the years, UN peacekeeping has evolved to meet the demands of different conflicts and a changing political landscape. Born at the time when the Cold War rivalries frequently paralyzed the Security Council, UN peacekeeping goals were primarily limited to maintaining ceasefires and stabilizing situations on the ground, so that efforts could be made at the political level to resolve the conflict by peaceful means.  Those missions consisted of military observers and lightly armed troops with monitoring, reporting and confidence-building roles in support of ceasefires and limited peace agreements.
With the end of the Cold War, the strategic context for UN peacekeeping dramatically changed, prompting the Organization to shift and expand its field operations from “traditional” missions involving strictly military tasks, to complex “multidimensional” enterprises designed to ensure the implementation of comprehensive peace agreements and assist in laying the foundations for sustainable peace. Today’s peacekeepers undertake a wide variety of complex tasks, from helping to build sustainable institutions of governance, to human rights monitoring, to security sector reform, to the disarmament, demobilization and reintegration of former combatants.  
The nature of conflicts has also changed over the years. Originally developed as a means of dealing with inter-State conflict, UN peacekeeping has been increasingly applied to intra-State conflicts and civil wars. Although the military remain the backbone of most peacekeeping operations, the many faces of peacekeeping now include administrators and economists, police officers and legal experts, de-miners and electoral observers, human rights monitors and specialists in civil affairs and governance, humanitarian workers and experts in communications and public information.
UN peacekeeping continues to evolve, both conceptually and operationally, to meet new challenges and political realities. Faced with the rising demand for increasingly complex peace operations, the United Nations in the past few years has been overstretched and challenged as never before. The Organization has worked vigorously to strengthen its capacity to manage and sustain field operations and, thus, contribute to the most important function of the United Nations – maintaining international peace and security.

11. How are they created? Regional Arrangements
Chap VIII, Art 52: “Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action (However this is subject to other provisions of the Charter)

12. Classic Peacekeeping: Chapter VI
Principles
Consent
Impartiality
Limited Use of Force
Missions include:
monitoring elections
acting as a presence
establishing civil administration
Hammerskjold – Peacekeeping belongs in mythical Chapter six and a half.
Post Cold war enthusiasm for coercive peacekeeping
Agenda for Peace – Limitations of peacekeeping recognized, ‘hitherto’ consent necessary.
Peace Enforcement – Grey Area Operation

13. Peace Enforcement: Chapter VII
Security Council powers to deal with Threats to the Peace, Breaches of the Peace and Aggression
Consent
Impartiality
Limited Use of Force

14. Regional and Subregional arrangements
Eg. African Union: Protocol Relating to the Establishment of the Peace and Security Council of the African Union
N.B. (eg EU/ASEAN in Aceh)

15. MANDATE INTERPRETATION
The mandate will have specified tasks but also implied tasks eg UNSCR 1244 (1999) - Kosovo: “Ensuring public safety and order”. What is reasonable and necessary to carry out this task?
One implication of been given a ‘task’ is that you are also given the authority to carry out that task
NB: Interpretation of the mandate does not IHL or other relevant applicable law eg International Human Rights law - (“…all measures necessary”!)

16. MANDATE REALITIES Unclear and lack detail.
Do not easily translate into military guidance for peace operators on the ground.
Are difficult to change and changes causes difficulties.

17. The UN General Assembly
Powers are limited to recommendations (Articles 10-14)
Can the UN General Assembly establish a peacekeeping operation? YES
Uniting for Peace resolution (1950 re Korea)
Used to authorize UNEF I (1956) and ONUC (1960)

18. Certain Expenses Case ICJ – 1962.
Funding for Congo & Middle East missions.
Peacekeeping within power of Security Council and General Assembly though only SC can oblige action.
ICJ found authority for peacekeeping within Articles 10 (GA may make recommendations) and 14 (GA may make recommendations for peaceful adjustment) both in Chapter IV .

19. Defining Peace Operations
Multiple terms -
mil. liaison/obs. missions
Conflict prevention
Peacemaking interpositional forces
Peace support
regional missions Peace enforcement
Peace making
Peacekeeping
Peace-building Humanitarian missions
None of the classification schemes are commonly agreed or ideal

20. The Spectrum of peace and security activities.
That concludes our presentation on the changes to the summary discipline system.
There is a brochure re the changes by the door - If you did not collect one on the way in, please take one when leaving.
Are there any final questions?

21. Defining Peace Operations
Three different types (but these categories are not airtight by any means):
Conflict Prevention/Peacemaking
Peacekeeping Operations
- “Traditional” Peacekeeping Operations
- Peace Enforcement Operations
Peacebuilding
Operations in Support of Diplomatic Efforts = Preventive Diplomacy, Peacemaking Peace Building
Preventive Diplomacy
Preventive diplomacy involves diplomatic actions taken in advance of a predictable crisis to
prevent or limit violence. In more tense situations, military activities may support preventive
diplomacy. Such support may include preventive deployments, other shows of force, or higher
levels of readiness. The objective is to demonstrate resolve and commitment to a peaceful resolution
while underlining the readiness and ability of the US to use force if required.
Preventive deployment is the deployment
Peacemaking
Peacemaking is a process of diplomacy,mediation, negotiation, or other forms of peaceful
settlement that end disputes and resolve the issues that led to conflict. Military activities that
support peacemaking include military-to-military relations and security assistance operations.
Other military activities, such as exercises and peacetime deployments, may enhance the diplomatic
process by demonstrating the engagement of the US abroad. These
Peace Building
Peace building consists of postconflict actions, primarily diplomatic, that strengthen
and rebuild civil infrastructures and institutions in order to avoid a return to conflict. It also
includes mechanisms that advance a sense of confidence and well-being and support economic
reconstruction. Military as well as civilian involvement is normally required. Peace building
activities include restoring civil authority, rebuilding physical infrastructures, and reestablishing
commerce, schools, and medical facilities. The most extensive peace-building effort in history
took place in Europe and Asia in the post-World War II era when the US and its allies
assisted nations in those continents devastated by a decade of war. Military support to diplomacy also includes assistance in selected areas such as the conduct of elections and plebiscites and demobilization
of former belligerent parties. Nation assistance is another activity of support to diplomacy. It may
occur prior to or after a conflict, although the UN term pertains primarily to postconflict activities.
Brahimi Report, paras

22. Pre-conflict
Peacemaking addresses conflicts in progress and usually involves diplomatic action to bring hostile parties to a negotiated agreement.
Conflict prevention involves the application of structural or diplomatic measures
to keep intra-state or inter-state tensions and disputes from escalating
into violent conflict.
Conflict prevention Ideally, it should build on structured early warning, information gathering and a careful analysis of the factors driving the conflict.
Conflict prevention activities may include the use of the Secretary-General’s “good offices,” preventive deployment or confidence-building
Measures
The United Nations Secretary-General, upon the request of the Security Council or the General Assembly or at his her own initiative, may exercise his or her “good offices” to facilitate the resolution of the conflict. Peacemakers may also be envoys, governments, groups of states, regional organizations or the United Nations. Peacemaking efforts may also be under-

23. Peacekeeping
“Military operations undertaken with the consent of all major parties to a dispute, designed to monitor and facilitate implementation of an agreement and support diplomatic efforts to reach a long-term political settlement.”
Joint Pub
Classic Example: MFO in the Sinai
Actions:
Observe and monitor truces and cease-fires
report and monitor on withdrawal of parties, DMZs – not getting in the middle – but still act as a trigger by reporting timely agression
supervise ceasefiress, refugee camps, arms control agreements
negotiate, mediate, liasion

24. ‘Traditional’ peacekeeping
Mainly based on UN Charter Chapter VI
Prototype: UNEF I (Suez Crisis)
Guiding principles:
- consent
- impartiality
- non-use of force except in self-defense
monitor a cease-fire, troop withdrawal and/or buffer zone

25. Peacekeeping Missions
verify compliance
cease-fires/withdrawals
primarily unarmed
investigate/report violations
lightly armed
Current examples:
UNDOF (Syria, Golan Heights), UNFICYP (Cypress)

26. Peace Enforcement
“Application of military force, or threat of its use, normally pursuant to international authorization, to compel compliance with resolutions or sanctions designed to maintain or restore peace & order.”
Joint Pub
The US definition of Peace Enforcement is the application of military force, or the threat of its use, normally pursuant to international authorization, to compel compliance with resolutions or sanctions designed to maintain or restore peace & order.
Peace enforcement operations are conducted under the authority of Chapter VII of the UN Charter.
The goal of PEO is to enforce the provisions of a mandate (UNSC) to maintain or restore peace and order. Peace enforcement forces use force or the threat of force to corece or compel compliance with resolutions or sanctions.
In PEO, force is threatened against or applied to belligerent parties to terminate fighting, restore order, and create an environment conducive to resolving the dispute.
Although PEO may require combat, they are not “wars” and may have more restrictive ROE than wars.
Although PEO cannot solve the the underlying problems that caused peaceful relations to dissolve, PEO may help create the conditions in which the process of peaceful resolution of the dispute may proceed.
Peace enforcers generally have full combat capabilities, although there may be some restrictions on weapons and targeting.
The ultimate mesasure of success in PEO is political, not military. Understanding the political objectives and how military operations can support them is therefore critical.
In contrast to Peacekeeping, Peace Enforcement forces do not require consent of the parties to the conflict.
Impartiality is desirrable but may not be attainable, and is not central to achieving success in PEO.
UN Forces in Bosniaa attempted to reamain neutral, but were accused by the Bosnian Serbs of favoring the Bosnian Muslims and Croats.
Possible missions for peace Enforcement include:
protection of humanitarian assistance (UNITAF in Somalia);
Operations to restore order & stability (Operation Uphold Democracy in Haiti)
Enforcement of sanctions;
Exp. :Arms embargo in Somalia, Bosnia, Rwanda, FRY
Guarantee or denial of movement;
Supervision of protected zones;
No fly zones in Bosnia, Iraq
forcible separation of belligerents.

27. Peace enforcement
Mainly based on UN Charter Chapter VII (and Articles 39, 41, 42 and 47)
Enforcement of resolutions against
“breaches of peace and acts of aggression”, ‘as may be necessary to restore or maintain international peace and security.’

28. Peace Enforcement Missions
Forcible Separation of Belligerents
Establish Protected Areas
Enforce Sanctions/ Exclusion Zones
Deny Movement/ Guarantee Movement
Protect Humanitarian Assistance

29. Peace enforcement Use of force is NOT limited to self-defense.
use of force for limited objectives (i.e. not to defeat an enemy or win a war)
PEO may involve use of force to separate / disarm warring factions

30. Peace enforcement
do not depend on full and reliable consent of all the local actors
The operational area will normally include civilians and req. special consideration of :
Militia groups, threat identification, collateral damage, civilian casualties, etc.
examples include Somalia in early 1990s, Bosnia, East Timor, Sierra Leone, DRC, Haiti, and Darfur

31. Peace keeping or Peace enforcement?
line between PK and peace enforcement (PE) is increasingly blurred
now accepted that PK and PE are on a continuum
today, the line being blurred is between PK/PE on one hand, and war on the other (eg in Afghanistan)

32. Peace-building
PEACE BUILDING - covers post-conflict actions, predominantly diplomatic, economic, legal, and security related, that support political, social, and military measures aimed at strengthening political settlements and legitimate governance and rebuilding governmental infrastructure and institutions. PB begins while PEO or PKO are underway and may continue for years.
Joint Pub

33. Peace building Focus on the implementation of a peace agreement.
Acknowledges that peacekeeping can’t succeed unless accompanied by a viable political process:
keep main parties politically engaged
foster political inclusiveness
Peacebuilding operations are neutral
third-party interventions, in that they do not take sides among the former parties to the conflict when supporting
As the peace
process develops, this neutrality shifts away from a focus on the parties to a neutral guardianship of the peace process.

34. Peace building also firmly consent-based, but more complex
implementation of comprehensive peace agreements
Early examples include Namibia, El Salvador and Mozambique in early 1990s
composed of military, civilian and police performing multiple functions
help to transform a society in hope of doing away with root causes of conflict (eg El Salvador)

35. Peace building Examples: Post civil war conflicts: UNTAC (Cambodia)
UNAMSIL (Sierra Leone)

36. Multidimensional peacekeeping
Nowadays, many operations are partially under Chapter VI and partially Chapter VII, eg
- Haiti (MINUSTAH) and Darfur (UNAMID)
- protection of civilians (Sierra Leone and DRC)
Also regional and subregional arrangements outside of UN structure

39. Brahimi Report Review of UN peacekeeping Conclusions
Use of force remains the foundations of peacekeeping operations
Peacekeepers must be able to defend themselves - ROE must be appropriately robust
Peacekeepers in dangerous situations should not cede initiative to attackers
Peacekeepers should intervene when faced with grievous breaches of humanitarian standards

40. Peacekeeping commonalities
Consent.
Impartiality.
Limited Use of Force.
Legal Authority

41. Peace Operations Publications
Joint Pub Peace Operations
Handbook on UN Multidimensional Peacekeeping Operations (2003)
Multi-disciplinary Peacekeeping: Lessons from Recent UN Experience (1999)
UN Peacekeeping Training Assistance Teams: Advisor’s Guidebook (1996)
UN Peacekeeping Operations: Principles and Guidelines (2008)
UN Peacekeeping Training Manual
An Agenda for Peace 1992
Supplement 1995
Brahimi Report “Report of the Panel on UN Peace Operations”
available at

42. QUESTIONS?