Introduction

The question of command and control of UN and other multi-national operations is one of the more serious issues confronting the formation of international forces. Command of UN forces is fraught with difficulties arising from both subjective human factors and objective legal constraints. This chapter examines these and related issues with particular reference to the Lebanon (UNIFIL), Somalia (UNOSOM II) and Kosovo (UNMIK/KFOR) operations. The problems encountered at an international level often have their origins in municipal law and the national policy of contributing states. For example, under Canadian law, at no stage in any international operation is national command of Canadian Forces to be handed over to a foreign commander. Yet it is axiomatic that unity of command is a necessary component for the success of any military force, including international UN forces. The submission of national contingents serving in UN forces to foreign command is unavoidable in multi-national UN forces. In theory, the command structure of such forces is straightforward, but in practice this is seldom the case. A mechanism to overcome the difficulties created has been described as follows:

Resolution 794 (1992) of 3 December 1992

The Security Council,

Reaffirming its resolutions 733 (1992) of 23 January 1992, 746 (1992) of 17 March 1992,751 (1992) of 24 Apri1 1992, 767 (1992) of 27 July 1992 and 775 (1992) of 28 August 1992,

Recognizing the unique character of the present situation in Somalia and mindful of its deteriorating, complex and extraordinary nature, requiring an immediate and exceptional response,

Determining that the magnitude of the human tragedy caused by the conflict in Somalia, further exacerbated by the obstacles being created to the distribution of humanitarian assistance, constitutes a threat to international peace and security,

Gravely alarmed by the deterioration of the humanitarian situation in Somalia and underlining the urgent need for the quick delivery of humanitarian assistance in the whole country,

Noting the efforts of the League of Arab States, the Organization of African Unity, and in particular the proposal made by its Chairman of the Assembly of Heads of State and Government of the Organization of African Unity, at the forty-seventh regular session of the General Assembly for the organization of an international conference on Somalia, and the Organization of the Islamic Conference and other regional agencies and arrangements to promote reconciliation and political settlement in Somalia and to address the humanitarian needs of the people of that country,

Commending the ongoing efforts of the United Nations, its specialized agencies and humanitarian organizations and of non-governmental organizations and of States to ensure delivery of humanitarian assistance in Somalia, […]

Resolution 1244 (1999) of 10 June 1999

The Security Council,

Bearing in mind the purposes and principles of the Charter of the United Nations, and the primary responsibility of the Security Council for the maintenance of international peace and security,

Recalling its resolutions 1160 (1998) of 31 March 1998, 1199 (1998) of 23 September 1998, 1203 (1998) of 24 October 1998 and 1239 (1999) of 14 May 1999,

Regretting that there has not been full compliance with the requirements of these resolutions,

Determined to resolve the grave humanitarian situation in Kosovo, Federal Republic of Yugoslavia, and to provide for the safe and free return of all refugees and displaced persons to their homes,

Condemning all acts of violence against the Kosovo population as well as all terrorist acts by any party,

Recalling the statement made by the Secretary-General on 9 April 1999, expressing concern at the humanitarian tragedy taking place in Kosovo,

Reaffirming the right of all refugees and displaced persons to return to their homes in safety,

Recalling the jurisdiction and the mandate of the International Tribunal for the Former Yugoslavia,

Welcoming the general principles on a political solution to the Kosovo crisis adopted on 6 May 1999 (S/1999/516, annex 1 to this resolution) and welcoming also the acceptance by the Federal Republic of Yugoslavia of the principles set forth in points 1 to 9 of the paper presented in Belgrade on 2 June 1999 (S/1999/649, annex 2 to this resolution), and the Federal Republic of Yugoslavia's agreement to the paper, […]

Introduction

There are as many contrasts as there are comparisons in the forms of peacekeeping adopted to deal with the conflicts that arose in Lebanon, Somalia and Kosovo. In the case of Lebanon, UNIFIL emerged as a result of difficult negotiations that required a compromise by the parties to the conflict. Its survival in what were often difficult circumstances is testimony to the professionalism of those charged with implementing the mandate, rather than reflective of the merit of the mandate itself. By contrast, the UN operations in Somalia were bolder, more costly and, initially, less contentious. In Kosovo, the response of the international community arose from the aftermath of an eleven-week NATO air campaign against Yugoslav and Serbian security forces. Although a relatively small geographical area, this province of Serbia (formerly the Federal Republic of Yugoslavia) presented a range of complex problems that exist to this day, especially in relation to the question of its future status. As in the case of Somalia, it is difficult to ascertain any national interest or motivation in intervening. The situation that arose in Kosovo during 1999 also demonstrated the powerlessness of the UN. Ensuring compliance with Security Council resolutions can be problematic at any time, but in this instance neither China nor Russia was willing to authorise the use of force against Serbia. This is the Achilles' heel in the UN system of collective security.

Introduction

This quote may seem at first to be somewhat out of place in a chapter dealing with UN peacekeeping and related military activity. Yet recent UN operations have had more in common with the operation conducted in Korea, or the enforcement measures carried out in the Congo during the 1960s, than with the more traditional peacekeeping prevalent during the 1970s and 1980s. When one looks at the actual combat engaged in by the United States Rangers in Mogadishu during their attempt to capture one of the leading warlords, General Aideed, or the coalition forces during the Gulf wars of 1991 and 2003, then Dunant's scenario may not be so far from the reality for the soldiers involved at first hand.

This chapter examines the applicability and relevance of international humanitarian law (humanitarian law) and international human rights law to all types of military action undertaken by or on behalf of the UN. Owing to the controversy surrounding action by UNOSOM forces in Somalia, the question of respect for the principles of humanitarian law by UN forces has been the subject of controversy and debate.