Peace over justice: Developing a framework for UN peacekeeping operations in internal conflicts

Global Governance

Volumn 5, Issue 1, 1999, Pages 63-81

  Bratt, Duane ^a  

^a UNIVERSITY OF CALGARY   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0033247942     PISSN: 10752846     EISSN: None     Source Type: Journal    
DOI: 10.1163/19426720-005-01-90000004     Document Type: Article

References (77)

1. Somalia was a complex case because there was no functioning government that could grant or deny consent to the peacekeeping operation. UN Doc S/24868, 30 November 1992.
2. This definition is consistent with the approach taken in United Nations, The Blue Helmets: A Review of Peacekeeping Operations, 3d ed. (New York: UN Department of Public Information, 1996), pp. 3-8.
3. See the 1949 resolution on The Essentials of Peace Resolution, UN General Assembly, Resolution 290 (1 December 1949); the 1965 Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States, and the Protection of their Independence and Sovereignty, UN General Assembly, Resolution 2131 (1965); the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, UN General Assembly, Resolution 2625 (24 October 1970); and the 1986 decision of the International Court of Justice, in Nicaragua v. United States of America, ICJ Reports (1986), p. 14.
4. The most significant of these was the 1948 Universal Declaration of Human Rights. Besides the Universal Declaration, the General Assembly adopted additional conventions that expressed the importance of human rights. Three examples, from among many, were the Convention on the Prevention and Punishment of the Crime of Genocide (1949), the International Covenant on Economic, Social, and Cultural Rights (1966), and the International Covenant on Civil and Political Rights (1966). For more information on the development of the human rights regime both inside and outside the UN, see Dorothy W. Jones, Code of Peace: Ethics and Security in the World of the Warlord States (Chicago: University of Chicago Press, 1991).
5. For a contrary interpretation that argues that peace requires justice and vice versa, see Bruno Simma, ed., The Charter of the United Nations: A Commentary (Oxford: Oxford University Press, 1995), pp. 49-56.
6. Jarat Chopra and Thomas G. Weiss, "Sovereignty Is No Longer Sacrosanct: Codifying Humanitarian Intervention," Ethics and International Affairs 6 (1992): 100.
7. Bruce Dorminey, "Boutros-Ghali Assesses Highs, Lows of Term as UN Secretary-General," The Globe and Mail (Toronto), 24 February 1997, p. A22.
8. Robert Johansen, "The Future of United Nations Peacekeeping and Enforcement: A Framework for Policymaking," Global Governance 2, no. 3 (Sept.-Dec. 1996): 307.
9. Hedley Bull, conclusion to Bull, ed., Intervention in World Politics (Oxford: Clarendon Press, 1984), p. 186.
10. Shahram Chubin, "The South and the New World Order," The Washington Quarterly 16, no. 4 (autumn 1993): 88. Also see Dorinda G. Dallmeyer, "National Perspectives on International Intervention: From the Outside Looking In," in Donald C. F. Daniel and Bradd C. Hayes, eds., Beyond Traditional Peacekeeping (New York: St. Martin's Press, 1995), pp. 20-39.
11. Shahram Chubin, "The South and the New World Order," The Washington Quarterly 16, no. 4 (autumn 1993): 88. Also see Dorinda G. Dallmeyer, "National Perspectives on International Intervention: From the Outside Looking In," in Donald C. F. Daniel and Bradd C. Hayes, eds., Beyond Traditional Peacekeeping (New York: St. Martin's Press, 1995), pp. 20-39.
12. James O. C. Jonah, "Humanitarian Intervention," in Thomas G. Weiss and Larry Minear, eds., Humanitarianism Across Borders: Sustaining Civilians in Times of War (Boulder: Lynne Rienner, 1993), p. 69.
13. Phyllis Bennis, Calling the Shots: How Washington Dominates Today's U.N. (New York: Olive Branch Press, 1996), p. 84, quoted in David N. Gibbs, "Is Peacekeeping a New Form of Imperialism?" International Peacekeeping 4, no. 1 (spring 1997): 122-128.
14. Phyllis Bennis, Calling the Shots: How Washington Dominates Today's U.N. (New York: Olive Branch Press, 1996), p. 84, quoted in David N. Gibbs, "Is Peacekeeping a New Form of Imperialism?" International Peacekeeping 4, no. 1 (spring 1997): 122-128.
15. Official of the Department of Peacekeeping Operations, interviewed in confidence by the author, New York, 9 November 1994. Also see Terry Terriff and James F. Keeley, "The United Nations, Conflict Management and Spheres of Interest," International Peacekeeping 2, no. 4 (winter 1995): 510-535.
16. Mark Huband, "When the Yanks Go Home," Africa Report (September-October 1993): 19.
17. Boutros Boutros-Ghali, Supplement to an Agenda for Peace: Position Paper of the Secretary-General on the Occasion of the Fiftieth Anniversary of the United Nations, UN Doc A/50/60, S/1995/1 (January 1995), par. 41.
18. "UNOSOM Operation Criticised," International Peacekeeping News (8 May 1995), http://csf.colorado.edu/dfax/ipn/ipn09.htm#T-0053.
19. Samuel M. Makinda, "Sovereignty and International Security: Challenges for the United Nations," Global Governance 2, no. 2 (May-Aug. 1996): 158.
20. Pierre Lizée, "The Challenge of Conflict Resolution in Cambodia," Canadian Defence Quarterly, 22, no. 1 (September 1993): 42.
21. Gerald B. Helman and Steven R. Ratner, "Saving Failed States," Foreign Policy 89 (winter 1992-1993): 3.
22. Steven E. Goldman, "A Right of Intervention Based upon Impaired Sovereignty," World Affairs 156, no. 3 (winter 1994): 125.
23. Jack Donnelly, "Human Rights, Humanitarian Crisis, and Humanitarian Intervention," International Journal 48, no. 4 (autumn 1993): 635.
24. Jarat Chopra, "The Peace-Maintenance Response," Security Dialogue 28, no. 2 (June 1997): 186.
25. Jarat Chopra, "The Space of Peace-Maintenance," Political Geography 15, nos. 3-4 (March-April 1996): 335-357. Also see the special issue on peace-maintenance operations, Global Governance 4, no. 1 (Jan.-Apr. 1998), subsequently published in book form as Jarat Chopra, ed., The Politics of Peace-Maintenance (Boulder: Lynne Rienner, 1998).
26. Jarat Chopra, "The Space of Peace-Maintenance," Political Geography 15, nos. 3-4 (March-April 1996): 335-357. Also see the special issue on peace-maintenance operations, Global Governance 4, no. 1 (Jan.-Apr. 1998), subsequently published in book form as Jarat Chopra, ed., The Politics of Peace-Maintenance (Boulder: Lynne Rienner, 1998).
27. Jarat Chopra, "The Space of Peace-Maintenance," Political Geography 15, nos. 3-4 (March-April 1996): 335-357. Also see the special issue on peace-maintenance operations, Global Governance 4, no. 1 (Jan.-Apr. 1998), subsequently published in book form as Jarat Chopra, ed., The Politics of Peace-Maintenance (Boulder: Lynne Rienner, 1998).
28. Chopra, "The Space of Peace-Maintenance," pp. 340-341.
29. For critiques of the morality and feasibility of peace-maintenance, see Duane Bratt, "Rebuilding Fractured Societies," Security Dialogue 28, no. 2 (June 1997): 173-176; Bratt, "Critiquing Peace-Maintenance," in Chopra, The Politics of Peace-Maintenance, pp. 123-134.
30. For critiques of the morality and feasibility of peace-maintenance, see Duane Bratt, "Rebuilding Fractured Societies," Security Dialogue 28, no. 2 (June 1997): 173-176; Bratt, "Critiquing Peace-Maintenance," in Chopra, The Politics of Peace-Maintenance, pp. 123-134.
31. Mary Nemeth, "Somali Fiasco," Maclean's (26 July 1993): 20.
32. Cedric Thornberry, "Peacekeepers, Humanitarian Aid, and Civil Conflicts," Journal of Humanitarian Assistance, http://www-jha.sps.cam.ac.uk/a/a017.htm posted on 15 September 1995, par. 5.
33. For an excellent analysis of the hostage taking in Bosnia, see Michael Wesley, "Blue Berets or Blindfolds? Peacekeeping and the Hostage Effect," International Peacekeeping 2, no. 4 (winter 1995): 457-482.
34. For an excellent study on humanitarian and military cooperation, see Hugo Slim, "The Stretcher and the Drum: Civil-Military Relations in Peace Support Operations," International Peacekeeping 3, no. 2 (summer 1996): 123-140.
35. Deborati G. Sapir and Hedwig Deconnick, "The Paradox of Humanitarian Assistance and Military Intervention in Somalia," in Thomas G. Weiss, ed., The United Nations and Civil Wars (Boulder: Lynne Rienner, 1995), p. 167.
36. Hugo Slim, "Military Humanitarianism and the New Peacekeeping: An Agenda for Peace?" Journal of Humanitarian Assistance, http://www-jha.sps.cam.ac. uk/a/a015.htm, posted on 22 September 1995, par. 11.
37. Quoted in ibid., par. 11.
38. Marrack Goulding, "The Use of Force by the United Nations," International Peacekeeping 3, no. 1 (spring 1996): 12.
39. Karl Th. Birgisson, "United Nations Peacekeeping Forces in Cyprus," in William J. Durch, ed., The Evolution of UN Peacekeeping: Case Studies and Comparative Analysis (New York: St. Martin's Press, 1993), p. 234.
40. See Thomas G. Weiss, "Military-Civilian Humanitarianism: The 'Age of Innocence' Is Over," International Peacekeeping 2, no. 2 (summer 1995): 170; Thornberry, "Peacekeepers, Humanitarian Aid, and Civil Conflict," par. 41.
41. See Thomas G. Weiss, "Military-Civilian Humanitarianism: The 'Age of Innocence' Is Over," International Peacekeeping 2, no. 2 (summer 1995): 170; Thornberry, "Peacekeepers, Humanitarian Aid, and Civil Conflict," par. 41.
42. UN Doc S/1995/444, 30 May 1995. Also see Thornberry, "Peacekeepers, Humanitarian Aid, and Civil Conflict," par. 43.
43. Larry Minear and Thomas G. Weiss, Humanitarian Politics, Headline Series no. 304 (Ithaca, N.Y.: Foreign Policy Association, 1995), p. 42.
44. Republic of Bosnia and Herzegovina, Ambassador and Permanent Representative to the UN, Muhamed Sacirbey, Statement (29 June 1993). Bosnian Muslim officials interviewed in confidence by the author, New York, 15 November 1994.
45. Weiss, "Military-Civilian Humanitarianism," p. 166.
46. Quoted in Larry Minear, "The Evolving Humanitarian Enterprise," in Weiss, The United Nations and Civil Wars, p. 98.
47. David Rieff, "The Illusions of Peacekeeping," World Policy Journal 11, no. 3 (fall 1994): 12.
48. "Dutch Inquiry into PK [Peacekeeper] Misconduct," International Peacekeeping News (May 1995), http://csf.colorado.edu/dfax/ipn/ipn09.htm#T-0091.
49. It is not just the peacekeeping force that can be damaged. For example, the murder and torture of Somali civilians by members of the Canadian Airborne Regiment, which led to a full-scale public inquiry, greatly damaged the reputation of the entire Canadian military. For more information on this issue, see Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Dishonoured Legacy: The Lessons of the Somalia Affair (Ottawa: Minister of Public Works and Government Services, 1997).
50. Nick Warner, "Cambodia: Lessons of UNTAC for Future Peacekeeping Operations," paper presented at international seminar on UN Peacekeeping at the Crossroads, Camberra, Australia, 21-24 March 1993, p. 10, quoted in Trevor Findlay, Cambodia: The Legacy and Lessons of UNTAC, SIPRI Research Report no. 9 (Oxford: Oxford University Press, 1995), pp. 139-140.
51. Nick Warner, "Cambodia: Lessons of UNTAC for Future Peacekeeping Operations," paper presented at international seminar on UN Peacekeeping at the Crossroads, Camberra, Australia, 21-24 March 1993, p. 10, quoted in Trevor Findlay, Cambodia: The Legacy and Lessons of UNTAC, SIPRI Research Report no. 9 (Oxford: Oxford University Press, 1995), pp. 139-140.
52. "UNOSOM Operation Criticised."
53. "Cambodian Minister Criticises UNTAC Operations," International Peacekeeping News (11 January 1995), http://csf.colorado.edu/dfax/ipn/ipn05. htm#T-0101.
54. The UN's Code of Conduct for Blue Helmets is listed in UN Chronicle, no. 3 (fall 1997): 39-40.
55. Findlay, Cambodia: The Legacy and Lessons of UNTAC, p. 139.
56. Quoted in Michael P. Scharf, "Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?" Texas International Law Journal 31, no. 1 (winter 1996): 3.
57. "UNOSOM Operation Criticised."
58. Walter Clarke and Jeffrey Herbst, "Somalia and the Future of Humanitarian Intervention," Foreign Affairs 75, no. 2 (March-April 1996): 79.
59. Quoted in Eva Bertram, "Reinventing Governments: The Promise and Perils of United Nations Peace Building," Journal of Conflict Resolution 39, no. 3 (spring 1995): 398.
60. Chopra, "The Space of Peace-Maintenance," p. 339.
61. See Johansen, "The Future of United Nations Peacekeeping and Enforcement," pp. 324-325; Scharf, "Swapping Amnesty for Peace," pp. 1-41.
62. See Johansen, "The Future of United Nations Peacekeeping and Enforcement," pp. 324-325; Scharf, "Swapping Amnesty for Peace," pp. 1-41.
63. Michael Walzer, "The Politics of Rescue," Dissent (winter 1995): 36.
64. Laurence Martin, "Peacekeeping as a Growth Industry," The National Interest 32 (summer 1993): 7.
65. Charles Boyd, "Making Peace with the Guilty: The Truth About Bosnia," Foreign Affairs 74, no. 5 (September-October 1995): 29.
66. Quoted in David Rieff, "The Humanitarian Trap," World Policy Journal 12, no. 4 (winter 1995/96): 9.
67. Timothy D. Mak, "The Case Against an International War Crimes Tribunal for the Former Yugoslavia," International Peacekeeping 2, no. 4 (winter 1995): 555-556. However, Anthony D'Amato argues that the threat of a war crimes tribunal could be used as a "bargaining chip" to bring an end to the fighting. Anthony D'Amato, "Peace vs. Accountability in Bosnia," American Journal of International Law 88, no. 3 (July 1994): 504.
68. Timothy D. Mak, "The Case Against an International War Crimes Tribunal for the Former Yugoslavia," International Peacekeeping 2, no. 4 (winter 1995): 555-556. However, Anthony D'Amato argues that the threat of a war crimes tribunal could be used as a "bargaining chip" to bring an end to the fighting. Anthony D'Amato, "Peace vs. Accountability in Bosnia," American Journal of International Law 88, no. 3 (July 1994): 504.
69. 60 Minutes, CBS Television, 9 October 1994.
70. See the UN's special report on the conflict between UNOSOM II and the Somalia National Alliance, UN Doc S/1994/653, 1 June 1994.
71. Oliver Schuett, "The International War Crimes Tribunal for the Former Yugoslavia and the Dayton Peace Agreement: Peace Versus Justice?" International Peacekeeping 4, no. 2 (summer 1997): 91-114.
72. Jeff Sallot, "When Options Aren't Enough," The Globe and Mail (Toronto), 29 July 1992, p. A1.
73. Interviewed in confidence by the author, New York, 9 November 1994.
74. For more information on PDD-25, see Victoria Holt, Briefing Book on Peacekeeping: The U.S. Role in United Nations Peace Operations, 2d ed. (Washington, D.C.: Council for a Livable World Education Fund, 1995), pp. 17-19.
75. Quoted in Minear and Weiss, Humanitarian Politics, p. 36.
76. Quoted in Canada, Towards a Rapid Reaction Capability for the United Nations (Ottawa: Government of Canada, 1995), p. 7.
77. Thomas G. Weiss, "Triage: Humanitarian Intervention in a New Era," World Policy Journal 11, no. 1 (spring 1994): 67.