THE ROLE OF UNITED NATIONS AND REGIONAL ORGANIZATIONS IN RESOLVING DISPUTES IN INTERNATIONAL LAW: A CASE STUDY OF CONGO
ABSTRACT
The devastating consequences of World War II prompted the establishment of the United Nations, with the primary goal of preserving international peace and security. The United Nations Security Council is responsible for maintaining international peace and security under Article 24 of the UN Charter.
Similarly, regional organizations are required by Article 33 of the UN Charter to assist the UNSC in maintaining peace and security in their respective regions. In order to achieve this goal, regional organizations, particularly the United Nations, have established various peacekeeping operations over the years to resolve the Congo conflict, which appears to be intractable.
This study is important because it adds to our understanding of how most international disputes arise and devolve into violent stages due to poor management. The states and the world at large stand to benefit from this work as well, because the regional and international peace that this work aims to achieve will undoubtedly ensure sound international relations and, as a result, save future generations from the scourge of war, which has caused untold suffering on two separate occasions.
Congo is one African country that has been engulfed in conflict since the 1960s, with what began as a struggle for political power devolving into civil wars and communal violence for decades, nearly causing the state’s disintegration and spreading to neighboring states. From the 1960s to the year 2000, Congo was engulfed in various forms of internal conflict, exacerbated by multiple external interventions and fueled by all parties’ desire to gain control of the country’s natural resources.
The Congo conflict began as a result of the void left by the abrupt departure of the colonial powers, Belgium, from the Congo, effected ostensibly by a UN-inspired wave of decolonization that resulted in the political independence of many African countries.
The departure of the colonial power was followed by a barracks mutiny sparked by a pay raise demand. Belgian paratroopers were dispatched to quell the mutiny and protect their citizens in the Congo. The Congolese government requested assistance, resulting in a fight between the President (Kasavubu) and the Prime Minister (Lumumba), who dismissed each other in a struggle for supremacy.
Under the guise of the United Nations Operation in the Congo, the UN quickly deployed its first peacekeeper in Africa in the Congo (ONUC). In his proposal to the UN Security Council to establish an operation group, the Secretary-General recommended steps for maintaining order in the country and protecting life.
He goes on to say that if the UN acts as proposed, the Belgian government will be forced to withdraw. “ The purpose of this research is to look into the role of the United Nations and regional organizations in resolving the Congo conflict.
The study concludes, primarily through doctrinal research, that the UN peacekeeping operations in Congo have not been very successful for a variety of reasons, the most significant of which was the peacekeepers’ involvement in
Congo’s internal politics. In doing so, the peacekeepers collaborated with major powers to advance their strategic objectives, while regional organizations such as the A.U. remained passive participants in the conflict. As a result, the study recommended that the UN and regional organizations be more robust and proactive in order to fulfill their responsibility to maintain international peace and security.
CHAPITRE ONE
INTRODUCTION
1.1 THE STUDY’S BACKGROUND
The international political climate is currently fraught with unresolved inter-state and intra-state disputes, many of which stem from simple suspicion, mistrust, political and economic rivalry, and territorial competition. Disputes, if not carefully monitored and peacefully resolved, may (as they have) lead to armed conflicts – conflicts that have had devastating effects not only on the disputants but also on the international community.
To that end, the international community has always prioritized the preservation of international peace and security. States have signed a number of multilateral treaties, beginning with the 1899 Hague Convention for the Pacific Settlement of International Disputes, which was revised by the second Hague Peace Conference in 1907, with the goal of resolving their disputes and differences peacefully[1].
This was also the primary motivation for the establishment of the League of Nations in 1919 and the United Nations (UN) in 1945.
Since its inception, the United Nations has been charged with ensuring global peace and security. The drafters of the UN Charter envisioned an organization that would address the entire spectrum of conflict management and resolution, from preventive measures to ad hoc crisis responses, to long-term stabilization of conflict areas, with the goal of saving future generations from the scourge of war, which has caused untold suffering on two separate occasions[2].
To that end, the Charter requires the parties to any dispute that threatens international peace and security to resolve it peacefully, whether through negotiations, inquiry, mediation, conciliation, good office, or adjudication, or any other peaceful means of their choosing. Alternatively, recourse should be had to regional arrangements or agencies. If this fails, the UN is allowed to intervene to consider the dispute and make recommendations[3].
[1] Collier, J., and Lowe, v. The Settlement of Disputes in International Law, Cambridge (1999), available at www. https://sitesgoogle.com/site/walidabdulrahim/home/my-studies-in-english/14-peaceful-settlement-of-disputes, accessed on June 5th, 2013 at 9.00pm.
[2] E. Osmancavusoglu, “Challenges to UN Peacekeeping Operations in the Post-Cold War Era,” Journal of International Affairs, (1999-2000), VOL. 4 p.4.
[3] United Nations Charter, 1945, Articles 1 (1) and 33 (1).
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