Medunarodne organizacije i mirovne operacije (UN SC Case Study 1993)

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Medunarodne organizacije i mirovne operacije(UN
SC Case Study 1993)

• veleposlanik Neven Pelicaric
• Savjetnik za vanjsku politiku
• predsjednika Vlade Republike Hrvatske
• Pravni fakultet Sveucilišta u Zagrebu, 19
  prosinca 2014

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Sustav UN-a
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Mandat VS UN

• Mandate
• The UN Charter established six main organs of the
  United Nations, including the Security Council.
  It gives primary responsibility for maintaining
  international peace and security to the Security
  Council, which may meet whenever peace is
  threatened.
• According to the Charter, the United Nations has
  four purposes
• to maintain international peace and security
• to develop friendly relations among nations
• to cooperate in solving international problems
  and in promoting respect for human rights
• and to be a centre for harmonizing the actions of
  nations.
• All members of the United Nations agree to accept
  and carry out the decisions of the Security
  Council. While other organs of the United Nations
  make recommendations to member states, only the
  Security Council has the power to make decisions
  that member states are then obligated to
  implement under the Charter.

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Actions of the UN SC

• Maintaining Peace and Security
• When a complaint concerning a threat to peace is
  brought before it, the Councils first action is
  usually to recommend that the parties try to
  reach agreement by peaceful means. The Council
  may
• set forth principles for such an agreement
• undertake investigation and mediation, in some
  cases
• dispatch a mission
• appoint special envoys or
• request the Secretary-General to use his good
  offices to achieve a pacific settlement of the
  dispute.
• When a dispute leads to hostilities, the
  Councils primary concern is to bring them to an
  end as soon as possible. In that case, the
  Council may
• issue ceasefire directives that can help prevent
  an escalation of the conflict
• dispatch military observers or a peacekeeping
  force to help reduce tensions, separate opposing
  forces and establish a calm in which peaceful
  settlements may be sought.

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Actions of the UN SC (2)

• Beyond this, the Council may opt for enforcement
  measures, including
• economic sanctions, arms embargoes, financial
  penalties and restrictions, and travel bans
• severance of diplomatic relations
• blockade
• or even collective military action.
• A chief concern is to focus action on those
  responsible for the policies or practices
  condemned by the international community, while
  minimizing the impact of the measures taken on
  other parts of the population and economy.

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Powers of the UN SC

• Functions and Powers
• Under the United Nations Charter, the functions
  and powers of the Security Council are
• to maintain international peace and security in
  accordance with the principles and purposes of
  the United Nations
• to investigate any dispute or situation which
  mightlead to international friction
• to recommend methods of adjusting such disputes
  or the terms of settlement
• to formulate plans for the establishment of a
  system to regulate armaments
• to determine the existence of a threat to the
  peace or act of aggression and to recommend what
  action should be taken
• to call on Members to apply economic sanctions
  and other measures not involving the use of force
  to prevent or stop aggression
• to take military action against an aggressor
• to recommend the admission of new Members
• to exercise the trusteeship functions of the
  United Nations in "strategic areas"
• to recommend to the General Assembly the
  appointment of the Secretary-General and,
  together with the Assembly, to elect the Judges
  of the International Court of Justice.

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UN SC Resolution 713 (1991)

• The Security Council,
• Conscious of the fact that Yugoslavia has
  welcomed the convening of a Security Council
  meeting through a letter conveyed by the
  Permanent Representative of Yugoslavia to the
  President of the Security Council (S/23069),
• Having heard the statement by the Foreign
  Minister of Yugoslavia,
• Deeply concerned by the fighting in Yugoslavia
  which is causing a heavy loss of human life and
  material damage, and by the consequences for the
  countries of the region, in particular in the
  border areas of neighbouring countries,

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Concerned that the continuation of this situation
constitutes a threat to international peace and
security, Recalling its primary responsibility
under the Charter of the United Nations for the
maintenance of international peace and
security, /.../ 6.       Decides, under Chapter
VII of the Charter of the United Nations, that
all States shall, for the purposes of
establishing peace and stability in Yugoslavia,
immediately implement a general and complete
embargo on all deliveries of weapons and military
equipment to Yugoslavia until the Security
Council decides otherwise following consultation
between the Secretary-General and the Government
of Yugoslavia
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Vance Plan

• S/23280, Annex III

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????? 1. A United Nations peace-keeping operation
in Yugoslavia would be an interim arrangement to
create the conditions of peace and security
required for the negotiation of an overall
settlement of the Yugoslav crisis. It would not
prejudge the outcome of such negotiations. ? 2.
The operation would be established by the United
Nations Security Council, acting on a
recommendation by the Secretary-General. Before
making such a recommendation, the
Secretary-General would need to be satisfied that
a11 concerned in the conflict were, in a serious
and sustained way, abiding by the arrangements,
including an unconditional cesse-fire, agreed at
Geneva on 23 November 1991. /.../
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3. The military and police personnel required
for the operation would be contributed, on a
voluntary basis in response to a request from the
Secretary-General, by the Governtnents of Member
States of the United Nations. The contributing
States would be approved by the Security Council,
on the recommendation of the Secretary-General
after consultation with the Yugoslav Parties.
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7. United Nations troops and police monitors
would be deployed in certain areas in Croatia,
designated as "United Nations Protected Areas".
These areas would be demilitarised armed forces
in them would be either withdrawn or disbanded.
The role of the United Nations troops would be to
ensure that the areas remained demilitarised and
that persons residing in them were ' protscted
from fear of armed attack. The role of the United
Nations police monitors would be to ensure that
the local police forces carried out their duties
without discriminating against persons of any
nationality or abusing anyone's human rights. As
the United Nations Force assumed its
responsibilities in the United Nations Protected
Areas (UNPAs), all JNA forces deployed elsewhere
in Croatia would be relocated outside that
republic, The United Nations Force would also, as
appropriate, assist the humanitarian agencies of
the United Nations in the return of all displaced
persona who so desired to their homes in the
UNPAs.
?????????????
?????????????
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8. The UNPAs would be areas in Croatia in which
the Secretary-General judged that special
arrangements were required during an interim
period to ensure that a lasting cease-fire was
maintained. They would be areas in which Serbs
constitute the majority or a substantial minority
of the population and where inter-communal
tensions have led to armed conflict in the recent
past. As already stated, the special arrangements
in these areas would be of an interim nature and
would not prejudge the outcome of political
negotiations for a comprehensive settlement of
the Yugoslav criais. The headquartars of the
Force would be located at Banja Luka, with
sub-offices at Belgrade and Zagreb. To carry out
the functions described above, ths Force would
require approrimately 10 infantry battalions, 100
military observers and 500 police monitors, /.../
This would indicate a strength of somewhat over
10,000 persons.
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Operation BLUFF

• using a bluff to puruse state policy at the
  international level

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UNSC Resolution 769 (1992)

• Path to the resolution

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Secretary General Reports

• (S/23513) UNPAs at present would continue not to
  be subject to the laws and institutions of the
  Republic of Croatia during an interim period and
  pending a political setllement
• (S/24353) The Croatian requests (to establish
  control of its international borders) are
  legitimate and appear to be justified, it would
  be incompatible with the Plan for Croatia, to
  re-establish its laws, immigration and custom
  authorities.
• If UNPROFOR would be given customs authority, it
  would have to include controls established by the
  sanctions established by the SC on FRY (Serbia
  and Montenegro).

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Letter by Croatia

• (S/24353) In our view, the suggested extension of
  the mandate should be viewed as a temporary
  solution for the control of UNPA boundaries where
  they coincide with the international borders of
  the Republic of Croatia, until the conditions for
  their full control by the Croatian authorities
  are fulfilled.

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Resolution 769
The Security Council, Reaffirming its resolution
743 (1992) and all subsequent resolutions
relating to the United Nations Protection Force
(UNPROFOR), Having examined the report of the
Secretary-General of 27 July 1992 (S/24353 and
Add.1) in which the Secretary-General recommended
certain enlargements in the mandate and strength
of UNPROFOR, Taking note of the letter dated 7
August 1992 from the Deputy Prime Minister of the
Republic of Croatia to the President of the
Security Council (S/24390, annex), 1.      
Approves the Secretary-General's report 2.      
Authorizes the enlargements of UNPROFOR's mandate
and strength recommended by the Secretary-General
in that report 3.       Reiterates its demand
that all parties and others concerned cooperate
with UNPROFOR in implementing the mandate
entrusted to it by the Security Council 4.      
Condemns resolutely the abuses committed against
the civilian population, particularly on ethnic
grounds, as referred to in paragraphs 14-16 of
the above-mentioned report of the
Secretary-General.
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UNSC Resolution 815 (1993)

• 5.       Supports the Co-Chairmen of the Steering
  Committee of the International Conference on the
  Former Yugoslavia in their efforts to help to
  define the future status of those territories
  comprising the United Nations Protected Areas
  (UNPAs), which are integral parts of the
  territory of the Republic of Croatia, and demands
  full respect for international humanitarian law,
  and in particular the Geneva Conventions, in
  these Areas

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UNSC Resolution 820 (1993)

• 12. Decides that import to, export from and
  transshipment through the United Nations
  Protected Areas in the Republic of Croatia and
  those areas of the Republic of Bosnia and
  Herzegovina under the control of Bosnian Serb
  forces, with the exception of essential
  humanitarian supplies including medical supplies
  and foodstuffs distributed by international
  humanitarian agencies, shall be permitted only
  with proper authorization from the Government of
  the Republic of Croatia or the Government of the
  Republic of Bosnia and Herzegovina respectively

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UNSC Resolution 869(1993)

• 30 September 1993

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The Security Council, Reaffirming its resolution
743 (1992) and all subsequent resolutions
relating to the United Nations Protection Force
(UNPROFOR), Reiterating its determination to
ensure the security of UNPROFOR and its freedom
of movement for all its missions, and to these
ends, as regards UNPROFOR in the Republic of
Croatia and in the Republic of Bosnia and
Herzegovina, acting under Chapter VII of the
Charter of the United Nations, 1.       Decides
to extend UNPROFOR's mandate for an additional
period terminating on 1 October 1993 2.      
Decides to remain actively seized of the matter.
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UNSC Resolution 870(1993)

• 1 October 1993

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The Security Council, Reaffirming its resolution
743 (1992) and all subsequent resolutions
relating to the United Nations Protection Force
(UNPROFOR), Reiterating its determination to
ensure the security of UNPROFOR and its freedom
of movement for all its missions, and to these
ends, as regards UNPROFOR in the Republic of
Croatia and in the Republic of Bosnia and
Herzegovina, acting under Chapter VII of the
Charter of the United Nations, 1.       Decides
to extend UNPROFOR's mandate for an additional
period terminating on 5 October 1993 2.      
Decides to remain actively seized of the matter.
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UNSC Resolution 871 (1993)

• 4 October 1993

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The Security Council, Reaffirming its
resolution 743 (1992) and all subsequent
resolutions relating to the United Nations
Protection Force (UNPROFOR), Reaffirming also
its resolution 713 (1991) and all subsequent
relevant resolutions, Having considered the
report of the Secretary-General of 20 September
1993 (S/26470 and Add.1), Having also considered
the letter of the Minister for Foreign Affairs of
the Republic of Croatia dated 24 September 1993
(S/26491, annex), Deeply concerned that the
United Nations peace-keeping plan for the
Republic of Croatia (S/23280, annex III), and all
relevant Security Council resolutions, in
particular resolution 769 (1992) , have not yet
been fully implemented,
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