Wednesday 7 December 2016

CONFLICT RESOLUTION THROUGH UNITED NATIONS (UN) L#10

CONFLICT RESOLUTION THROUGH UNITED NATIONS (UN)

At the end of World War II, the victorious Allies created a system of international organizations roughly combined under the support of a central structure, the United Nations. Some of the organizations, like the International Labour Organization (ILO) and the International Court of Justice, were continuations of earlier bodies that had been part of the League of Nations. The United Nations itself was viewed as the successor to the League of Nations, and its primary political bodies were the General Assembly, in which all members participated, and the Security Council, on which the major powers served as permanent members with veto power along with rotating participation by other member states. The primary organization for conflict resolution was the Security Council. Economic, Health, Social and Cultural matters were handled by separate agencies that had varying degrees of autonomy. In the second half of the twentieth century, the United Nations was an active global political force with an important role in a number of areas, including conflict resolution, negotiations, creating multilateral military responses to aggression and organizing peacekeeping forces to help stabilize conflict situations. In addition, the International Court of Justice provided an effective forum for resolving disputes involving international law. In these activi.
Conflict resolution performs a healing function in societies. It provides opportunity for the examinations of alternative pay-offs in a situation of positioned disagreements, and restores normalcy in societies by facilitating discussions and placing parties in conflicts, institution, in which they can choose alternative positive decision to resolve differences.
Due to the complexities of modern societies, conflicts tend to become internationalized that supranational and regional bodies and organizations have to walk in, which gave rise to other “neutral tools of conflict resolution techniques or modes: peace-making, good offices, mediation, negotiation and conciliation and peace-keeping”.
Efforts to bring about socio-political change in the early 1990s employed several Track One conflict resolution approaches – the use of military force, diplomatic and economic coercion and negotiation. For example, in the Rwandan conflict, the negotiation process was conducted under the auspices of the Arusha Peace Talks which was the predominant official conflict resolution strategy used between 1992 and 1994. Although the negotiations culminated in a comprehensive power sharing agreement, known as the Arusha Peace Accords, the ink was hardly dry before a full scale genocide erupted in Rwanda before the United Nations intervened to quell the conflict. 

United Nations' Conflict Resolution:

UN Conflict resolution Concepts, Terminologies, Processes and Procedures Conflict resolution between parties can be attained in various ways – they could be concluded, regulated consciously or voluntarily imposed by one party or another.  If in a conflict situation, one party uses force to submit another, it may be termed as “crime against humanity, genocide or war crime”, depending on the type of force used. On the other hand, conflict resolution could be attained through non-violent and voluntary means. This is usually as a result of compromise between the conflicting parties. This involves a negotiated settlement which could benefit all parities involved. Mediation is also a way to resolve international disputes peacefully. The mediator presides over or participates in joint negotiations with the States in dispute or discusses the problem with them separately. In the course of such discussions, he may make proposals or suggestions covering questions of procedure or the whole or part of the subject matter of the dispute. His suggestions may be of an interim or final character. If the mediation is successful, a proposal emerges which is acceptable to all the parties to the dispute. Some time UN also Provide the services of a mediator in a conflict. The primary objective and function of the UN is the mainatance of peace in the whole world.
Article 1 of the United Nations Charter provides the following purposes and principles of the United Nations:
·         To maintain international peace and security, and to that end to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.
·         To develop friendly relations among nations based on respect for the principle of equal right and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.
·         To achieve international cooperation (economic, social, cultural or humanitarian character), and in promoting and encouraging respect for human rights and  for fundamental freedoms for all without distinction as to race, sex, language or religion; and
·         To be a center for harmonizing the actions of nations in the attainment of these common ends.
Article 2 of the United Nations, provides that the organization and its members, in pursuit of the purposes stated in Article 1, shall act in accordance with the following principles:
·         The organization is based on the principles of sovereign equality of all its members.
·         All members in order to ensure all of them the right and benefit resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
·         All members shall settle their international disputes by peaceful means and in such a manner that international peace, security and justice are not endangered.
·         All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations.
·         All members shall give the United Nations every assistance in any action it takes in accordance with the present Charter and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
·         The organization shall ensure that states which are not members of the United Nations act in accordance with these principles so far as may be necessary for the maintenance of international peace and security.
In spite the above objectives, it is worthy to mention that there are five of its principal organs which the United Nations has involved in settling international conflicts by peaceful means in such a manner that international peace and security are not endangered. These five principal organs are:
·         The General Assembly
·         Security Council 
·         International Court of Justice 
·         The Secretariat which is usually through the Secretary-General and 
·         Such subsidiary organs as may be found necessary may be established in accordance with the Charter.
Consequently, as a means of maintaining international peace and security, the United Nations usually adopts the juridical or non-juridical techniques. The non-juridical mode includes the use of any of the following techniques: to call upon the parties; discussion, good offices mediation and conciliation, Commission of inquiry; Resolution and Recommendation; Preventive Diplomacy; and Arbitration. While the juridical modes involves the settlement of dispute through legal process.
The U.N. Charter did not supplant the individual states' obligation to settle their disputes through the means of their choice. Article 33 of the United Nation Charter specifically provides that the parties to a dispute shall first of all seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their own choice. If the parties fail to observe their obligation or are not successful in settling their disputes through any of these traditional methods of peaceful settlement, they can have recourse to the United Nations.

Security Council to settle conflicts

·         To call upon parties to settle conflicts through pacific means of their choice.
·         To investigate conflicts which may lead to international friction or a situation     which may give rise to a conflict.
·         To recommend appropriate procedures or methods of adjustment at any stage of the conflict or situation, if it is likely to endanger international peace and security.
·         To recommend to the parties to refer legal disputes to International Court of Justice (ICJ).
·         To recommend such terms of settlement as it may consider appropriate.
·         To make recommendations with a view to pacific settlement if so requested.
·         To create peacekeeping force if the dispute or situation results in the breach of peace in so doing, Security Council acts under Art.36(2) and Art. 37(2) of the Charter.
·         To act under Chapter VII if the dispute or situation develops into breach of peace or acts of aggression or to enforce its recommendations under Chapter VI if parties fail to observe and the dispute or situation becomest hreat to peace.
When a conflict or matter is brought before the Security Council, it may first investigate it under Article 34 of the United Nations' Charter in order to determine whether the continuation of such a conflict or matter is likely to endanger international peace and security. In the process of investigation or enquiry, it may gather relevant facts and information and procure documents and evidence. In order to determine the nature of conflict, it can examine all such materials. For this purpose, it can appoint a sub-committee or an investigation commission.
When good offices efforts fail to bring about fruitful results, the United Nations has invoked the method of mediation. In this procedure, the mediator actively participates with the parties in the negotiation of settlement. He may offer concrete proposals on substantive questions of the dispute. This method was adopted in the Palestine case where the U.N. General Assembly had appointed Bernnadottee and later Dr. Ralph Bunche as mediator; and in the Kashmir case, Sir Owen Dixin of Australia and later Dr. Frank Graham of U.S. were appointed as mediator by the Security Council.

International Court of Justice to settle conflicts

According to Chapter One of the Statute of the International Court of Justice, the Court consists of 15 judges elected by the General Assembly of the United Nations and its Security Council for nine years.
Chapter Two of Statute of the International Court of Justice had defined the Competence of the Court as following:
·         The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.
·         The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
i.                    the interpretation of a treaty;
ii.                  any question of international law;
iii.                the existence of any fact which, if established, would constitute a breach of an international obligation;
iv.                the nature or extent of the reparation to be made for the breach of an international obligation.
And Article 38, which Stated that
·         The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
i.                    international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
ii.                  international custom, as evidence of a general practice accepted as law;
iii.                the general principles of law recognized by civilized nations;
The above two Articles represented the foundation for the Court in dealing with international disputes.
In general and through the review of the Statute of the International Court of Justice, we can defined the jurisdiction of the Court in two parts:
First: Jurisdiction (Judgment):
Court will hear disputes between States submitted to each other, and does not consider any issues raised from individuals or any public or private bodies, and the Court shall consider any issue or dispute whatever the significance or gravity of its own, but must be presented by the two opposing sides together; in addition the court's jurisdiction is optional.
Second: The advisory opinion:
Bodies that have the right to request an advisory opinion or legal advice is the General Assembly of the United Nations and the Security Council only. As stated in Article 96 of the Charter of the United Nations, branches of the United Nations or its specialized agencies can request advisory opinions from the International Court of Justice with respect to any matter of its competence, if permitted by the Assembly.
Consequently, the Court has a double role:
·         To settle international disputes in accordance with international law the legal disputes submitted to it by States, and
·         To give advisory opinions on legal questions referred to it by duly authorized international organs and agencies.

The ICJ and the International Disputes

The ICJ is often thought of as the primary means for the resolution of disputes between States, and in fact the Court is well-recognized for its significant contribution to the development of international law.
Only States (States Members of the United Nations and other States which have become parties to the Statute of the Court or which have accepted its jurisdiction under certain conditions) may be parties to contentious cases.
The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways:
  • by entering into a special agreement to submit the dispute to the Court;
  • by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a dispute of a given type or disagreement over the interpretation or application of the treaty, one of them may refer the dispute to the Court;
  • through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. A number of these declarations, which must be deposited with the United Nations Secretary-General, contain reservations excluding certain categories of dispute.
So far as the parties to the case are concerned, a judgment of the Court is binding, final and without appeal," and "by signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the International Court of Justice in a case to which it is a party".
Moreover if either party fail "to perform the obligations incumbent upon it under a judgment rendered by the Court", the Security Council may be called upon to "make recommendations or decide upon measures" if the security council deems such actions necessary
For example, in Nicaragua v. United States the United States of America had previously accepted the Court's compulsory jurisdiction upon its creation in 1946 but withdrew its acceptance following the Court's judgment in 1984 that called on the United States to "cease and to refrain" from the "unlawful use of force" against the government of Nicaragua. In a split decision, the majority of the Court ruled the United States was "in breach of its obligation under customary international law not to use force against another state" and ordered the US pay reparations.


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