Međunarodne organizacije i Međunarodne organizacije i mirovne operacijemirovne operacije

(UN SC Case Study 1993)(UN SC Case Study 1993)veleposlanikveleposlanik Neven Pelicarić Neven Pelicarić

Savjetnik za vanjsku politiku Savjetnik za vanjsku politiku

predsjednika Vlade Republike Hrvatske predsjednika Vlade Republike Hrvatske

Pravni fakultet Sveučilišta u Zagrebu Pravni fakultet Sveučilišta u Zagrebu, , 19 2014prosinca19 2014prosinca

SSustav ustav UNUN-a-a

MMandat VS andat VS UNUNMandateMandateThe The UN Charter established six main organs of the United Nations, including established six main organs of the United Nations, including

the Security Council. It gives primary responsibility for maintaining the Security Council. It gives primary responsibility for maintaining international peace and security to the Security Council, which may meet international peace and security to the Security Council, which may meet whenever peace is threatened.whenever peace is threatened.

According to the Charter, the United Nations has four purposes:According to the Charter, the United Nations has four purposes: to maintain international peace and security; to maintain international peace and security; to develop friendly relations among nations; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for to cooperate in solving international problems and in promoting respect for

human rights; human rights; and to be a centre for harmonizing the actions of nations.and to be a centre for harmonizing the actions of nations.

All members of the United Nations agree to accept and carry out the decisions All members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make of the Security Council. While other organs of the United Nations make recommendations to member states, only the Security Council has the recommendations to member states, only the Security Council has the power to make decisions that member states are then obligated to power to make decisions that member states are then obligated to implement under the Charter. implement under the Charter.

Actions of the UN SCActions of the UN SCMaintaining Peace and SecurityMaintaining Peace and SecurityWhen a complaint concerning a threat to peace is brought before it, the When a complaint concerning a threat to peace is brought before it, the

CouncilCouncil’’s first action is usually to recommend that the parties try to reach s first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may:agreement by peaceful means. The Council may:

set forth principles for such an agreement; set forth principles for such an agreement; undertake investigation and mediation, in some cases; undertake investigation and mediation, in some cases; dispatch a mission; dispatch a mission; appoint special envoys; or appoint special envoys; or request the Secretary-General to use his good offices to achieve a pacific request the Secretary-General to use his good offices to achieve a pacific

settlement of the dispute.settlement of the dispute.When a dispute leads to hostilities, the CouncilWhen a dispute leads to hostilities, the Council’’s primary concern is to bring s primary concern is to bring

them to an end as soon as possible. In that case, the Council may:them to an end as soon as possible. In that case, the Council may: issue ceasefire directives that can help prevent an escalation of the issue ceasefire directives that can help prevent an escalation of the

conflict; conflict; dispatch military observers or a peacekeeping force to help reduce dispatch military observers or a peacekeeping force to help reduce

tensions, separate opposing forces and establish a calm in which peaceful tensions, separate opposing forces and establish a calm in which peaceful settlements may be sought.settlements may be sought.

Actions of the UN SC (2)Actions of the UN SC (2)

Beyond this, the Council may opt for enforcement measures, Beyond this, the Council may opt for enforcement measures, including:including:

economic sanctions, arms embargoes, financial penalties economic sanctions, arms embargoes, financial penalties and restrictions, and travel bans; and restrictions, and travel bans;

severance of diplomatic relations; severance of diplomatic relations; blockade; blockade; or even collective military action. or even collective military action.

A chief concern is to focus action on those responsible for the A chief concern is to focus action on those responsible for the policies or practices condemned by the international policies or practices condemned by the international community, while minimizing the impact of the measures community, while minimizing the impact of the measures taken on other parts of the population and economy.taken on other parts of the population and economy.

Powers of the UN SCPowers of the UN SCFunctions and PowersFunctions and PowersUnder the Under the United Nations Charter, the functions and powers of the Security , the functions and powers of the Security

Council are:Council are: to maintain international peace and security in accordance with the to maintain international peace and security in accordance with the

principles and purposes of the United Nations; principles and purposes of the United Nations; to investigate any dispute or situation which mightlead to international to investigate any dispute or situation which mightlead to international

friction; friction; to recommend methods of adjusting such disputes or the terms of to recommend methods of adjusting such disputes or the terms of

settlement; settlement; to formulate plans for the establishment of a system to regulate armaments; to formulate plans for the establishment of a system to regulate armaments; to determine the existence of a threat to the peace or act of aggression and to determine the existence of a threat to the peace or act of aggression and

to recommend what action should be taken; to recommend what action should be taken; to call on Members to apply economic sanctions and other measures not to call on Members to apply economic sanctions and other measures not

involving the use of force to prevent or stop aggression; involving the use of force to prevent or stop aggression; to take military action against an aggressor; to take military action against an aggressor; to recommend the admission of new Members; to recommend the admission of new Members; to exercise the trusteeship functions of the United Nations in "strategic to exercise the trusteeship functions of the United Nations in "strategic

areas"; areas"; to recommend to the to recommend to the General Assembly the appointment of the the appointment of the

Secretary-General and, together with the Assembly, to elect the Judges of and, together with the Assembly, to elect the Judges of the the International Court of Justice..

UN SC Resolution 713 (1991)UN SC Resolution 713 (1991)

The Security Council,The Security Council,Conscious of the fact that Yugoslavia has welcomed the Conscious of the fact that Yugoslavia has welcomed the convening of a Security Council meeting through a letter convening of a Security Council meeting through a letter conveyed by the Permanent Representative of conveyed by the Permanent Representative of Yugoslavia to the President of the Security Council Yugoslavia to the President of the Security Council (S/23069),(S/23069),Having heard the statement by the Foreign Minister of Having heard the statement by the Foreign Minister of Yugoslavia,Yugoslavia,Deeply concerned by the fighting in Yugoslavia which is Deeply concerned by the fighting in Yugoslavia which is causing a heavy loss of human life and material causing a heavy loss of human life and material damage, and by the consequences for the countries of damage, and by the consequences for the countries of the region, in particular in the border areas of the region, in particular in the border areas of neighbouring countries,neighbouring countries,

Concerned that the continuation of this situation constitutes a threat to international peace and security,

Recalling its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security,

/.../

6.       Decides, under Chapter VII of the Charter of the United Nations, that all States shall, for the purposes of establishing peace and stability in Yugoslavia, immediately implement a general and complete embargo on all deliveries of weapons and military equipment to Yugoslavia until the Security Council decides otherwise following consultation between the Secretary-General and the Government of Yugoslavia;

Vance PlanVance Plan

/23280, S Annex III/23280, S Annex III

 1. A United Nations peace-keeping operation in Yugoslavia would be an interim arrangement to create the conditions of peace and security required for the negotiation of an overall settlement of the Yugoslav crisis. It would not prejudge the outcome of such negotiations.

 2. The operation would be established by the United Nations Security Council, acting on a recommendation by the Secretary-General. Before making such a recommendation, the Secretary-General would need to be satisfied that a11 concerned in the conflict were, in a serious and sustained way, abiding by the arrangements, including an unconditional cesse-fire, agreed at Geneva on 23 November 1991. /.../

3. The military and police personnel required for the operation would be contributed, on a voluntary basis in response to a request from the Secretary-General, by the Governtnents of Member States of the United Nations. The contributing States would be approved by the Security Council, on the recommendation of the Secretary-General after consultation with the Yugoslav Parties.



7. United Nations troops and police monitors would be deployed in certain areas in Croatia, designated as "United Nations Protected Areas". These areas would be demilitarised; armed forces in them would be either withdrawn or disbanded. The role of the United Nations troops would be to ensure that the areas remained demilitarised and that persons residing in them were ' protscted from fear of armed attack. The role of the United Nations police monitors would be to ensure that the local police forces carried out their duties without discriminating against persons of any nationality or abusing anyone's human rights. As the United Nations Force assumed its responsibilities in the United Nations Protected Areas (UNPAs), all JNA forces deployed elsewhere in Croatia would be relocated outside that republic, The United Nations Force would also, as appropriate, assist the humanitarian agencies of the United Nations in the return of all displaced persona who so desired to their homes in the UNPAs.

8. The UNPAs would be areas in Croatia in which the Secretary-General judged that special arrangements were required during an interim period to ensure that a lasting cease-fire was maintained. They would be areas in which Serbs constitute the majority or a substantial minority of the population and where inter-communal tensions have led to armed conflict in the recent past. As already stated, the special arrangements in these areas would be of an interim nature and would not prejudge the outcome of political negotiations for a comprehensive settlement of the Yugoslav criais.

The headquartars of the Force would be located atBanja Luka, with sub-offices at Belgrade and Zagreb.

To carry out the functions described above, ths Force would require approrimately 10 infantry battalions, 100 military observers and 500 police monitors, /.../ This would indicate a strength of somewhat over 10,000 persons.

Operation „BLUFFOperation „BLUFF””

using a bluff to puruse state using a bluff to puruse state policy at the international policy at the international

levellevel

UNSC Resolution 769 UNSC Resolution 769 (1992)(1992)

PP ath to the resolution ath to the resolution

Secretary General ReportsSecretary General Reports

( /23513) S UNPAs at present would continue not to be( /23513) S UNPAs at present would continue not to be subject to the laws and institutions of the Republic of subject to the laws and institutions of the Republic of Croatia during an interim period and pending a Croatia during an interim period and pending a political setllement political setllement

( /24353) ( S The Croatian requests to establish control( /24353) ( S The Croatian requests to establish control ) of its international borders are legitimate and appear ) of its international borders are legitimate and appear , to be justified it would be incompatible with the Plan , to be justified it would be incompatible with the Plan , - , for Croatia to re establish its laws immigration and , - , for Croatia to re establish its laws immigration and

.custom authorities .custom authorities , If UNPROFOR would be given customs authority it , If UNPROFOR would be given customs authority it

would have to include controls established by the would have to include controls established by the ( sanctions established by the SC on FRY Serbia and ( sanctions established by the SC on FRY Serbia and

).Montenegro).Montenegro

Letter by CroatiaLetter by Croatia

( /24353) , S In our view the suggested( /24353) , S In our view the suggested extension of the mandate should be extension of the mandate should be

viewed as a temporary solution for viewed as a temporary solution for the control of UNPA boundaries where the control of UNPA boundaries where

they coincide with the international they coincide with the international , borders of the Republic of Croatia , borders of the Republic of Croatia

until the conditions for their full until the conditions for their full control by the Croatian authorities are control by the Croatian authorities are.fulfilled.fulfilled

RResolution 769esolution 769

The Security Council,Reaffirming its resolution 743 (1992) and all subsequent resolutions relating to the United Nations Protection Force (UNPROFOR),Having examined the report of the Secretary-General of 27 July 1992 (S/24353 and Add.1) in which the Secretary-General recommended certain enlargements in the mandate and strength of UNPROFOR,Taking note of the letter dated 7 August 1992 from the Deputy Prime Minister of the Republic of Croatia to the President of the Security Council (S/24390, annex),1.       Approves the Secretary-General's report;2.       Authorizes the enlargements of UNPROFOR's mandate and strength recommended by the Secretary-General in that report;3.       Reiterates its demand that all parties and others concerned cooperate with UNPROFOR in implementing the mandate entrusted to it by the Security Council;4.       Condemns resolutely the abuses committed against the civilian population, particularly on ethnic grounds, as referred to in paragraphs 14-16 of the above-mentioned report of the Secretary-General.

UNSC Resolution 815 (1993)UNSC Resolution 815 (1993)

5.       Supports the Co-Chairmen of the Steering 5.       Supports the Co-Chairmen of the Steering Committee of the International Conference on the Committee of the International Conference on the Former Yugoslavia Former Yugoslavia in their efforts to help to in their efforts to help to define the future status of those territories define the future status of those territories comprising the United Nations Protected Areas comprising the United Nations Protected Areas (UNPAs), (UNPAs), which are integral parts of the territory which are integral parts of the territory of the Republic of Croatiaof the Republic of Croatia,, and demands full and demands full respect for international humanitarian law, and in respect for international humanitarian law, and in particular the Geneva Conventions, in these particular the Geneva Conventions, in these Areas;Areas;

UNSC Resolution 820 (1993)UNSC Resolution 820 (1993)

12. 12. Decides that import to, export from and Decides that import to, export from and trantranssshipment through the shipment through the United Nations United Nations Protected Areas in the Republic of Croatia Protected Areas in the Republic of Croatia and and those areas of the Republic of Bosnia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb Herzegovina under the control of Bosnian Serb forces, with the exception of essential forces, with the exception of essential humanitarian supplies including medical supplies humanitarian supplies including medical supplies and foodstuffs distributed by international and foodstuffs distributed by international humanitarian agencies, humanitarian agencies, shall be permitted only shall be permitted only with proper authorization from the Government of with proper authorization from the Government of the Republic of Croatia the Republic of Croatia or the Government of the or the Government of the Republic of Bosnia and Herzegovina respectively;Republic of Bosnia and Herzegovina respectively;

UNSC Resolution UNSC Resolution 869(1993)869(1993)

30 1993September30 1993September

The Security Council,

Reaffirming its resolution 743 (1992) and all subsequent resolutions relating to the United Nations Protection Force (UNPROFOR),

Reiterating its determination to ensure the security of UNPROFOR and its freedom of movement for all its missions, and to these ends, as regards UNPROFOR in the Republic of Croatia and in the Republic of Bosnia and Herzegovina, acting under Chapter VII of the Charter of the United Nations,

1.       Decides to extend UNPROFOR's mandate for an additional period terminating on 1 October 1993;

2.       Decides to remain actively seized of the matter.

UNSC Resolution UNSC Resolution 870(1993)870(1993)

1 1993October1 1993October

The Security Council,

Reaffirming its resolution 743 (1992) and all subsequent resolutions relating to the United Nations Protection Force (UNPROFOR),

Reiterating its determination to ensure the security of UNPROFOR and its freedom of movement for all its missions, and to these ends, as regards UNPROFOR in the Republic of Croatia and in the Republic of Bosnia and Herzegovina, acting under Chapter VII of the Charter of the United Nations,

1.       Decides to extend UNPROFOR's mandate for an additional period terminating on 5 October 1993;

2.       Decides to remain actively seized of the matter.

UNSC Resolution 871 UNSC Resolution 871 (1993)(1993)

4 1993October4 1993October

The Security Council,

Reaffirming its resolution 743 (1992) and all subsequent resolutions relating to the United Nations Protection Force (UNPROFOR),

Reaffirming also its resolution 713 (1991) and all subsequent relevant resolutions,

Having considered the report of the Secretary-General of 20 September 1993 (S/26470 and Add.1),

Having also considered the letter of the Minister for Foreign Affairs of the Republic of Croatia dated 24 September 1993 (S/26491, annex),

Deeply concerned that the United Nations peace-keeping plan for the Republic of Croatia (S/23280, annex III), and all relevant Security Council resolutions, in particular resolution 769 (1992) , have not yet been fully implemented,