Professional Documents
Culture Documents
Project Assignment
Submitted
By
L. Ashish Kumar
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RESEARCH METHODOLOGY
The method of research which is followed for the project is a non-doctrinal. The research
includes gathering the data from the existing information like referring the books related to
the topic, articles etc., relating to the topic available online.
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INTRODUCTION
The memories of Nazi atrocities, flagrant violation of human rights, loss of lives of millions
of innocent people and unprecedented devastation caused during the Second World War were
fresh in the minds of the framers of the Charter of United Nations. Though the League of
Nations as an institution failed to preserve as against external aggression, the territorial
integrity and existing political independence of all members of the league1 and consequently
failed to prevent the breaking of the Second World War, yet the statesmen of the world still
had faith in international organisation. Even during the Second World War, they had started
endeavours to establish another International Organisation. Indeed they ultimately succeeded
in establishing the United Nations on the basis of the United Nations Charter which was
adopted and signed at Sanfrancisco on 25th June, 1945. After having been ratified by five
permanent members and majority of other states, the U.N. Charter came into force on 24th
October, 1945. Born as a result of the experiences of a devastating war that witnessed Nazi
atrocities, flagrant violation of human rights and death of millions of innocent people, it was
quite natural for the framers of the Charter to have determined to save succeeding generations
from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind,
and to re-affirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small and for these
ends to unite our strength to maintain international peace and security and to ensure, by the
acceptance of principles and the institution of methods, that armed force shall not be used
save in the common interest and to have resolved to combine our efforts to accomplish these
aims.2
1
Article 10 of the Covenant of the League of Nations.
2
Preamble of the UN Charter.
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ROLE OF PRINCIPAL ORGANS
There are six principle organs of the United Nations namely The General Assembly, The
Security Council, The Economic and Social Council, The International Trusteeship System
and The Trusteeship Council, The Secretariat and The International Court of Justice.
The provisions of the U.N. Charter relating to maintenance of international peace and
security are contained in Articles 24 to 32 of Chapter V. Article 33 to 38 of Chapter VI
entitled Pacific Settlement of Disputes and Articles 39 to 51 of Chapter VII entitled
Action with Respect to Threats of the Peace, Breaches of the Peace, and acts of
Aggression.
The Security Council may investigate any dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether the continuance
of the dispute or situation which is likely to endanger the maintenance of International Peace
and Security.3 Any member of the United Nations may bring any disputes, or any situation of
the nature referred above, to the attention of the Security Council.4 The Security Council
may, at any stage of a dispute of the nature referred to in Article 33 of a situation of like
nature, recommend appropriate procedures of methods of adjustment. In making
recommendations under this provision, the Security Council should also take into
consideration that legal disputes as a general rule be referred by the parties to the
International Court of Justice in accordance with the provisions of the statue of the Court.5
Without pre-judice to the provisions of Articles 33 to 37, the Security Council may if all the
parties to any dispute so request make recommendations with a view to a pacific settlement
of the dispute.6
3
Article 34 of The U.N. Charter.
4
Article 35 of The U.N. Charter.
5
Article 36 of The U.N. Charter.
6
Article 37 of The U.N. Charter.
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Role of General Assembly-
Next to the Security Council, the General Assembly is the important principal organ of the
U.N. concerning the maintenance of international peace and security. This is because of the
obvious reason that the General Assembly is the most democratic and representative principal
organ of the United Nations. Every member State of the U.N. is represented in this august
body7 and each State has one vote.8 Article 11 specifically provides that the General
Assembly may consider the general principle of cooperation in the maintenance of
international peace and security, including the principles governing disarmament and the
regulation of armaments, and make any recommendations with regard to such principles to
the Members or to the Security Council or both. Further, the General Assembly may discuss
any question relating to the maintenance of international peace and security brought before it
by any Member of the United Nations, or by the Security Council, or by a State which is not
a member of the U.N. in accordance with Article 35, paragraph 2. Beside this, the General
Assembly may call the attention of the Security Council to situations which are likely to
endanger international peace and security.
Role of Secretary-General-
Article 99 of the U.N. Charter provides that the Secretary-General may bring to the attention
of the Security Council any matter which in his opinion may threaten the maintenance of
international peace and security. Since it involved expression of his opinion, in past
Secretary- General hardly ever used this provision. They feared that they might not become
centre, of conflict between great powers. In 1990s however, the situation has changed and
new role envisaged and Secretary General to take initiatives and to perform a very active
role. The provisions of Article 99 will therefore assume significance and may be
implemented properly.
Article 52 to 54 of the U.N. Charter deal with Regional Arrangements. These Articles
envisage a definite role for the maintenance of international peace and security. For example,
Article 53 provides that the Security Council shall, where appropriate, utilize regional
arrangements or agencies for enforcement action under the control, authority and supervision.
7
Article 9.
8
Article 18.
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But because of distrust and conflict among great powers, they escaped control and authority
of the Security Council. Due to end of cold war and the emergence of U.S. as the sole super
power, the situation has changed in 1990s.
In 2002, UN Mission in East Timor (UNMISET) was started with an objective to help East
Timor, the newly formed independent country in taking overall operational responsibilities.
Military and police forces from contributing nations were put under control of the Special
Representative of the Secretary-General. Following a progress report submitted by the
Secretary-General in 2003, the initial 12 month mandate was extended into two years,
subsequently extended to 20 May 2005, after which it was replaced by United Nations Office
in Timor Leste (UNOTIL).10
In 2004, UN Operation in Burundi (ONUB) was started with an objective to assist in bringing
national reconciliation and lasting peace among Burundians as provided in Arusha Pact.
Having determined that the situation in Burundi continued to constitute a threat to
international peace and security in the region and acting under Chapter VII of the UN
Charter, the Security Council, by its resolution 1545 of 21 May 2004, decided to establish the
United Nations Operation in Burundi (ONUB) in order to support and help to implement the
efforts undertaken by Burundians to restore lasting peace and bring about national
reconciliation, as provided under the Arusha Agreement. ONUB successfully completed its
9
http://www.google.com/hostednews/afp/article/ALeqM5g8zhQBHg9NbA1Idm0nUHowoFZgNg (accessed on
29-10-2013).
10
http://www.etan.org/et2005/may/08/00unmiset.htm (accessed on 29-10-2013).
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mandate on 31 December 2006. It was succeeded by the United Nations Integrated Office in
Burundi (BINUB), established by Security Council resolution 1719 of 25 October 2006.11
In 2005, UN Mission in the South Sudan (UNMISS) was started with an objective to assist in
implementing peace agreement between Sudan Government and the Sudan People's
Liberation Movement. The Security Council extended the Mission until 15 July 2014 so that
it can continue to assist the world's youngest country in consolidating peace and security and
helping to establish conditions for development. The Council reiterated its call on the
Government of South Sudan to take greater responsibility for the protection of its civilians
and in this respect encourages greater cooperation with UNMISS. It also demanded that the
Government and all relevant parties cooperate fully in the deployment, operations, and
monitoring, verification, and reporting functions of UNMISS, particularly by guaranteeing
the safety, security and unrestricted freedom of movement of UN personnel, as well as of
associated personnel throughout the country.14
In 1999 the UN Security Council adopted resolution 1279 establishing the United Nations
Organisation Mission in the Democratic Republic of the Congo known by its French
acronym, MONUC. In 2000, the Security Council expanded MONUCs mandate by adopting
resolution 1291, which tasked peacekeepers with overseeing the Lusaka Ceasefire Agreement
11
http://www.un.org/en/peacekeeping/missions/past/onub/ (accessed on 29-10-2013).
12
http://www.un.org/en/peacekeeping/missions/minustah/ (accessed on 29-10-2013.
13
http://www.betterworldcampaign.org/un-peacekeeping/missions/haiti.html (accessed on 29-10-2013).
14
http://www.un.org/apps/news/story.asp?NewsID=45393 (accessed on 29-10-2013).
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of 1999. The UN expanded the missions mandate again in 2004 by including Chapter VII of
the UN Charter, enabling the mission to use force to protect civilians. In May 2010,
resolution 1925 marked a new phase for the mission by changing the name to the United
Nations Organisation Stabilization Mission in the Democratic Republic of Congo
(MONUSCO). In 2011, the UN Security Council passed Resolution 1991 which demanded
that all armed groups cease all forms of violence and violation of human rights. In June, 2012
the mandate was renewed which emphasized security reform, consolidation of State authority
and the eradication of violence in the eastern provinces. In March 2013, the Security Council
adopted Resolution 2098, authorizing an Intervention Brigade and extending the missions
mandate until March 31, 2014.15
15
http://www.betterworldcampaign.org/un-peacekeeping/missions/democratic-republic-of-congo.html
(accessed on 29-10-2013).
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transfer of sovereignty should be effected. Both Dutch and Indonesians implemented these
far-reaching agreements in good faith and thus the Republic of Indonesia was born.16
In 1956, the Suez Canal became the focus of a major world conflict. The canal represents the
only direct means of travel from the Mediterranean to the Indian Ocean, making it vital to the
flow of trade between Asia, the Middle East, Europe, and the U.S. Normally, free passage
was granted to all who used the canal, but Britain and France desired control of it, not only
for commercial shipping, but also for colonial interests. The Egyptian government had just
been taken over by Gamal Abdel Nasser, who felt the canal should be under Egyptian
control. The United States and Britain had promised to give aid to Egypt in the construction
of the High Dam in the Nile. This aid was retracted however, and in retaliation Nasser
nationalized the canal. He intended to use the funds raised from the operation of the canal to
pay for the Dam. Angry British and French politicians joined forces with Israel, a long time
enemy of Egypt, in an attack against Nasser. The Israeli army marched toward the canal on
October 29, 1956. Britain and France reinforced the Israelis, and the joint effort defeated the
Egyptian army quickly. Within ten days, British and French forces had completely occupied
the Suez region. Egypt responded by sinking 40 ships in the canal, blocking all passage. The
United States opposed this action as a violation of the principle of self-determination. The
American delegation at the United Nations voted in favour of a General Assembly resolution
calling for an immediate ceasefire and the withdrawal of the invading troops. Great Britain,
France and Israel eventually accepted these terms. In March 1957, under the supervision of a
U.N. police force, the Suez Canal was cleared of wreckage and opened to shipping. The
canal was returned to Egypt, and reparations were paid by Egypt under the supervision of the
World Bank. Overall the actions of Britain and France served to draw Nasser and Egypt into
further relations with the USSR. The fight over the canal also laid the groundwork for the Six
Day War in 1967 due to a lack of a peace settlement following the 1956 war.17
On June 25, 1950, the Democratic People's Republic of Korea (North Korea) launched a
surprise attack on South Korea. People in South Korea were unaware of the upcoming attack
on that morning, which started a war that would kill more than 3,000,000 lives. Seoul, the
capital of South Korea was quick to be captured by the North Korean troops, due to the fact
that the attack had been unaccounted for. The war had begun with North Korean leader Kim
16
Palmers & Perkins: International Relations. 3rd Edition, at p.no: 329.
17
http://novaonline.nvcc.edu/eli/evans/his135/Events/suez56.htm (accessed on 1-11-2013)
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II Song's desire to unify the peninsula under Communist rule. Before World War II, the
peninsula had been one country. The UN decided to draw a line between the 38th parallel to
avoid a conflict between the US and the Soviet. However, with the Soviets occupying the
northern side and the US troops occupying the southern side, the two sides became
increasingly different in their governing systems. South Korea was aided by the UN troops
and the US troops, led under McArthur. North Korea held out for as long as they could, then
turned to the People's Republic of China for aid. When the UN and US troops had managed
to push the DPRK troops up to the border between Manchuria and North Korea, a desperate
Kim II Song turned to the Chinese. With the use of thousands of foot soldiers, the Chinese
were able to push the UN and US troops back to the 38th parallel. The result was a three-year
war in the peninsula, the war ending in 1953 with an armistice.18
The rival claims of Jews and Arabs have created a dilemma of infinite complexity. The
Palestine question was first brought by Great Britain on April 2, 1947, in a letter requesting
the Secretary General to call a special session of the general Assembly to create and instruct a
special committee to prepare recommendations for the future government of Palestine. A first
special session convened on April, 28, 1947. The United Nations Special Committee on
Palestine (UNSCOP) held its first meeting at Lake Success on May 26 and concluded its
report on August 31. On November 29, the General Assembly adopted by the required two
thirds vote the plan for the partition of Palestine. For once the United States and Russia had
agreed on a major political issue. Both supported the partition plan. Jewish leaders hailed the
action of the Assembly as a great victory, but Arab spokesmen warned that such a plan would
never be accepted, and the increasing tempo of violence in the Holy Land gave weight to
their warnings. On April 17 the Security Council requested all the groups in Palestine to
desist from acts of violence and on April 23 it established a truce Commission. After the
expiration of British Mandate on May 14, 1948, the new state of Israel was proclaimed and
again hostilities were renewed and attempts were made for invasion of the holy Land by
Egyptian troops. Cease fire orders were issued by Security Council. Israel was admitted to the
United Nations as the 59th member in spite of bitter opposition of the Arab states. Lengthy
negotiations between Israel and the Arab states were conducted and it resulted in four general
armistice agreements.19
18
Supra note 16, p.no:334-338.
19
Ibid., p.no: 332-334.
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CONCLUSION
The U.N.O. came into existence because the major powers of the world were tired of war and
desired for lasting peace. Though it has not solved all the conflicts, the U.N.O. is a very
useful body with a good record of achievements. It has served as an international forum
where leaders of all countries can meet one another, have close personal contacts and free and
frank exchange of views. This world organisation has not succeeded in all cases, but it has
definitely prevented many local and small quarrels turning into world wars. It has succeeded
in creating an atmosphere in which no nation can preach openly the philosophy of war. On
many occasions it has prevented outbreak of large-scale fighting by its timely intervention.
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BIBLIOGRAPHY
BOOKS SOURCES:
International Law And Human Rights: S. K. Kapoor, 18th Ed, Published By Central
Law Agency, Printed at Arjun Printers, Lucknow.
Palmers & Perkins: International Relations. 3rd Edition, Published by A.I.T.B.S.
Publishers, India.
WEB SOURCES:
http://www.etan.org.
http://www.betterworldcampaign.org.
http://novaonline.nvcc.edu.
http://www.un.org
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