Cold War Peacekeeping
As earlier said, peacekeeping operations, are not, strictly speaking, provided for in the UN Charter which is the basis for the existence of the organization. Then it becomes important to check out where the UN has got its authority to engage in several peace keeping operations it is engaging in now.
“The technique of peacekeeping is a distinctive innovation by the United Nations. The Charter does not mention it. It was discovered, like penicillin. We came across it, while looking for something else, during an investigation of the guerrilla fighting in northern Greece in 1947.”
Peacekeeping was scrutinised in the Certain Expenses Case, an advisory opinion of the International Court of Justice (ICJ), and was confirmed as a legitimate tool
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They can also appear to have been set up within a Chapter VII framework but operate as if they were formed under Chapter VI. In other words the legal underpinning of their establishment may have no effect on their operation.
In some of its forms peacekeeping is conducted on the basis of a recommendation of the
General Assembly and not by the Security Council. Historically this has occurred because the Security Council has been unable for political reasons to agree to establish an operation. When the General Assembly recommends a peacekeeping operation it only has the power to establish it under Chapter VI. Most commonly since the end of the Cold War peacekeeping has been a tool of the Security Council.
Peacekeeping has been argued to be an implied power of the UN derived from Article 1, which states that the primary purpose of the UN is to maintain international peace and security . The International Court of Justice supported this In the Reparations Case. There, the ICJ stated that ‘the Organisation must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication as being essential to it in the course of its
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However, Featherston’s point is well made in terms of the realities of peace enforcement operations as part of the peacekeeping continuum. The Australian Joint Standing Committee seems to have adopted a military definition of peace enforcement accepting the Department of Defence’s submission that:
Peace enforcement operations are a form of combat, armed intervention, or the threat of armed intervention, that is pursuant to international licence authorising the coercive use of military power to compel compliance with international sanctions or resolutions – the primary purpose of which is the maintenance or restoration of peace under conditions broadly accepted by the international community.
Enforcement is generally defined as a; coercive operation carried out to restore peace in a situation of chaos or between belligerent parties who may not all consent to
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