The use of force in order to preserve peace by the United Nations.

Introduction Naturally human beings are bound to have conflicts and disagreements which consequently threaten social peace within the societies they reside in. On a higher scale, sovereign states are bound to encounter problems which may vary from and are not limited to geographical boundaries, trade, natural resources and technological innovations. The UN was established after the Second World War (1945) to minimise and solve these problems in the best possible peacekeeping missions (UN Charter, Article 1:1). Peacekeeping missions involve military personnel without enforcement powers to maintain and restore international peace (Findlay, 2002). Needless to mention, the use of force has been one such solution lest peaceful means turn out to be futile. This essay will thus refute the need to resort to the use of force by the UN to bring about global peace. Force as defined by the UN Charter The UN Charter reads in Article 2:4 that “all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political 21 | Page
independence of any state, or in any other manner inconsistent with the purposes of the United Nations”. From this article, it is not stated explicitly what force is and should be. However, history has shown through passed resolutions where the use of force was used that it implies economic sanctions, travelling prohibitions and declaring war over the perpetrators. Grounds for the use of force Chapter 7: Article 41 states that “the Security Council may decide what measures, not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the UN to apply such measures. These may include interruption of economic relations and of rail, sea, air, communication and the severance of diplomatic relations”. 11 Some member states or non-members have in some instances given a blind eye to the measures stated above hence triggering Article 42 of the same Chapter that “Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of members of the United Nations”. www.un.org. Low and behold, some countries like the US have resorted to the use of force over other states hiding behind Article 51 which states that "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against a state." For example the invasion of Iraq and Afghanistan with the USA being cynical of the existence and manufacturing of WMD in these countries. Refuting points There is a greater need to highlight that Chapter1: Article 2.3 of the UN charter clearly state that “Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered”. Thus the use of force is inconsistent with what the UN purports to, unless the use of guns and armoured vehicles to preserve peace is seen as peaceful by certain individuals within the structures of the UN. As much as the super powers of the UN wouldn’t like to admit it, the truth is that they have a huge influence as to when and where to use force in order to uphold global peace. Their interests are always at forefront. The United States and the Western countries are very 11 www.un.org. 22 | Page
interested in strengthening their political, economic and cultural influence both in Afghanistan and in the Central Asian countries and will seek to be a major force in the distribution and consumption of energy and other natural resources in the region 12 . Some countries have in the past gone against the resolutions made by the UN and were never responded to with the use of force. As an example, South Africa resisted UN condemnation of apartheid over decades. This clearly shows that there are other means of bringing peace as led by famous and influential men like Nelson Mandela and Mahatma Gandhi. However, these can be too slow and ineffective 13 . The Council has repeatedly issued unclear and unimplementable mandates which have failed to mention what chapter of the UN Charter an operation was being authorized under, resorted to neutral terms such as ‘all necessary means’ to convey the possibility that force might be used and abused the concept of deterrence. The Security Council’s mandates have left force commanders and their peacekeepers vulnerable and in some cases mortally endangered, Rwanda being the worst example due to the resistance of the perpetrators 14 . The use of force by the UN to preserve peace is also a wrong thing to do taking in to account that fighting, displacement and suffering of the ordinary civilians is inevitable when force is used to preserve peace e.g.in Syria people 92,901 have died since the conflict started 15 , more than 6 million Syrians have been displaced by the three-year-old war, four times the number of just a year ago 16 . The implication that can be drawn from the displacement of people is that families have split, children have lost their parents and relatives and husbands have lost wives. From research 17 “the secretaries-general, although they are the commanders-in-chief of UN military forces…have been essentially militarily illiterate. While some have made courageous decisions regarding the use of force, they have mostly, like the Security Council itself, failed to ensure that they were provided with a range of military advice, instead acting on instinct and the advice of a select few” (p.352). The only assumption that can be deduced from the above citation is that the secretary generals mostly rely on the permanent members to make decisions on the use of force. Giving them the huge task of being commanders in chief of the 12 Gusev (2012) 13 O’Neil (1997). 14 Finlay (2002). 15 Koerth-Baker (2013). 16 www.bbc.co.uk 17 Finlay (2002). 23 | Page
UN forces notwithstanding their lack of military experience is suicidal and shows little regard for human life by the UN. Article 23:1 in actual fact comprises the principles of equality among member states to the effect that there are those labelled as permanent members and the select few from the general assembly to make up the Security Council. It goes on to mention that the selected members of the Security Council will be done on equitable geographical distribution. My belief is that using geographical distribution as criteria is immaterial because what is of security concern to South Africa may not necessarily be of concern to Botswana or Lesotho. Thus everybody should have a say in the decisions that so much affect the people of this interconnected world in trying to bring global peace. Innocent civilians and peacekeepers have lost their lives in the process of using force to bring about world peace. According to The Foreign Minister of the Russian Federation, there is a common argument that have been deployed recently to prove that the use of force was the most effective method to address problems, although all experience of such interventions had demonstrated that it was ineffective, meaningless and destructive 18 . It is not only the human life lost in this case, but the vegetation and infrastructure too. Conclusion It goes without saying that the use of force by the UN to bring about world peace and order is rather wrong. Article 41, 42 and 51 which pave way for the use of force to bring world order are not in sync with Article 33 wherein countries shall resort to negotiation, mediation, judicial settlement and arbitration. Moreover, the use of force results in loss of lives, hunger, and poverty, displacement of people and destruction of property.

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