PeacekeePing Secretary general: the k armiStice arrangementS · Peacekeeping without the...
Transcript of PeacekeePing Secretary general: the k armiStice arrangementS · Peacekeeping without the...
PeacekeePing without the Secretary-general: the korean armiStice arrangementS
BY
Ray Smith
A THESIS PRESENTED IN PARTIAL COMPLETION OF THE REQUIREMENTS OF
The Certificate-of-Training in United Nations Peace Support Operations
Peacekeeping without the Secretary-General:
The Korean Armistice Arrangements
A Thesis
by
Squadron Leader Raymond C. Smith
Royal Australian Air Force
presented in partial completion of the requirements of
The Certificate-of-Training in United Nations Peace Support Operations
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TABLE OF CONTENTS
Table of Contents......................................................................................................................................... ii
List of Illustrations ..................................................................................................................................... iii
List of Abbreviations.................................................................................................................................. iv
Glossary......................................................................................................................................................... v
Abstract........................................................................................................................................................ vi
Introduction.................................................................................................................................................. 1 United Nations Involvement in Korea 1945 to 1950 – Historical context ............................................ 1 The United Nations and the Korean War – the role of the Security Council........................................ 2 The Legal Basis for the Use of Force ...................................................................................................... 3 The Use of Force and US Command and Control .................................................................................. 5 The End of the Korean War ..................................................................................................................... 9
Chapter 2: The Korean War Armistice Agreement ............................................................................ 10 Overview of the Agreement ................................................................................................................... 10 The Military Armistice Commission ..................................................................................................... 11
Chapter 3: Status of the Peacekeepers on the Korean Peninsula ...................................................... 16 United Nations Command: From Peace-enforcers to Peacekeepers ................................................... 19
Chapter 4: Conclusions ............................................................................................................................ 22
Table of International Instruments ........................................................................................................ 24 Security Council Resolutions................................................................................................................. 24 General Assembly Resolutions .............................................................................................................. 24 Economic and Social Council Resolutions ........................................................................................... 24 International Agreements ....................................................................................................................... 24
Table of Cases ............................................................................................................................................ 25
References................................................................................................................................................... 26 Bibliographic........................................................................................................................................... 26 Newspapers ............................................................................................................................................. 27 Internet..................................................................................................................................................... 27
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LIST OF ILLUSTRATIONS
Figure 1: Structure of the Military Armistice Commission 1953-1991. .................................11
Figure 2: Structure of General Officer Talks 1998-...............................................................13
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LIST OF ABBREVIATIONS
Abbreviation CFC [United States – Republic of Korea] Combined Forces Command DMZ Demilitarised Zone DPRK Democratic People’s Republic of Korea KPA Korean People’s Army MAC Military Armistice Commission MDL Military Demarcation Line MFO Multinational Force and Observers ONUC Operation des Nations Unies au Congo ROK Republic of Korea UK United Kingdom of Great Britain and Northern Ireland UN United Nations UNC United Nations Command UNCMAC United Nations Command Military Armistice Commission UNCOK United Nations Commission on Korea UNCURK United Nations Commission for the Unification and Rehabilitation
of Korea UNEF I The First United Nations Emergency Force UNKRA United Nations Reconstruction Agency for the Relief and
Rehabilitation of Korea UNMOGIP United Nations Military Observer Group in India and Pakistan UNSF United Nations Security Force in West New Guinea (West Irian) UNTCOK United Nations Temporary Commission on Korea UNTSO United Nations Truce Supervision Organization US United States of America
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GLOSSARY
General Officers Army officers of the rank of Brigadier General, Major General, Lieutenant General, and General. Includes in this context their Navy and Air Force equivalents (Flag and Air Officers, respectively).
Permanent Five The five permanent members of the United Nations Security Council: China, France, Russia, The United States, and The United Kingdom.
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ABSTRACT
Fifty-five years after the United Nations Security Council authorised a United States-led
coalition to use the United Nations flag in the course of operations against North Korean
forces; and fifty-two years after an Armistice Agreement ended hostilities on the Korean
Peninsula, the UN Flag still flies over the Demilitarised Zone. Since the signing of the
Armistice Agreement, the peace has been kept by a military armistice commission comprised
exclusively of military officers of the former belligerents, under the command and control of
their national governments.
This thesis will examine the history of United Nations involvement in Korea, the enforcement
action by the United Nations Command, and the current peacekeeping machinery on the
Korean Peninsular, assessing its effectiveness in the absence of command and control by the
Secretary-General.
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INTRODUCTION
United Nations Involvement in Korea 1945 to 1950 – Historical context
By the end of the Second World War, Korea had been ruled by a Japanese colonial
administration for 35 years.1 After the Japanese surrender, the United States and the Soviet
Union agreed to the thirty-eighth parallel as the boundary of their respective zones of
occupation on the Peninsula. In the North, the Soviet Union installed a Communist
administration under the leadership of Kim Il-sung, while in the South, the United States
supported Syngman Rhee, a leader of the former Provisional Government in exile.2
In 1947, the United Nations General Assembly established the Temporary Commission on
Korea (UNTCOK) to facilitate Korea-wide elections by 31 May 1948 and consequently
oversee the transfer of power to the newly-elected government. In the event, UNTCOK was
able to function only in the South; elections held south of the thirty-eight parallel on 10 May
1948 were held by the Commission to be valid; and Syngman Rhee became President of the
Republic of Korea on 15 August 1948. On 3 September 1948, the Democratic People’s
Republic of Korea was proclaimed in Pyongyang under the Premiership of Kim Il-sung.3
Subsequently, on 12 December 1948, the United Nations General Assembly established a new
commission, whose mission was to facilitate the unification of Korea, and the withdrawal of
occupation forces. The United Nations Commission on Korea (UNCOK), which included a
number of military observers, did oversee the withdrawal of almost all the US and Soviet
forces, but was unsuccessful in encouraging any moves towards peaceful unification.4
UNCOK, in turn, was replaced by the United Nations Commission for the Unification and
Rehabilitation of Korea (UNCURK) after the outbreak of the war,5 and an additional
commission, the United Nations Reconstruction Agency for the Relief and Rehabilitation of
Korea (UNKRA) was established by the United Nations Economic and Social Council on
1 Japan occupied Korea in 1905 and then annexed it in 1910: Don Oberdorfer, The Two Koreas: a
Contemporary History, New Edition, Basic Books, 2001, p. 5. 2 Robert O’Neill, Australia in the Korean War 1950-53: Volume 1 Strategy and Diplomacy, The
Australian War Memorial and the Australian Government Publishing Service, Canberra, 1981, pp. 6-7. 3 ibid., p. 7-9. 4 ibid., p. 9-10. 5 United Nations General Assembly Resolution 376(V), 7 October 1950.
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7 November 1950, to assume UNCURK’s responsibilities for the conduct of rehabilitation
operations.6 UNCURK was wound up in 1973; UNKRA in 1960.
The United Nations and the Korean War – the role of the Security Council
On 25 June 1950, the Korean People’s Army (KPA) launched an all-out offensive across the
thirty-eighth parallel, invading the Republic of Korea. On the same day, the Secretary-General
of the United Nations, invoking his right under Article 99 of the UN Charter, brought the
outbreak of hostilities to the attention of the Security Council.7 The Secretary General and
consequently the Security Council was able to act swiftly partly due to the completion of a
report on the invasion by two Australian UNCOK Military Observers, Major Peach and
Squadron Leader Rankin, the day before. The report was a key piece of evidence in the
Commission’s advice to the Secretary-General substantiating the allegations that the North
Korean forces had launched a full-scale invasion against defensively deployed South Korean
troops. The Council promptly passed a resolution calling for the immediate cessation of
hostilities and the withdrawal of North Korean forces.8 United Nations Security Council
Resolution 83 explicitly determined that there had been a “breach of the peace”, thereby
implicitly invoking Chapter VII by use of the wording of Article 39 of the United Nations
Charter.9
On 27 June, the Security Council passed an additional resolution, recommending that “the
Members of the United Nations furnish such assistance to the Republic of Korea as may be
necessary to repel the armed attack and restore international peace and security in the area.”10
On the same day, the United States committed air and naval forces to support Republic of
Korea forces; the United Kingdom and Australia quickly followed suit, committing naval
forces in Japanese waters to the conflict on 28 and 29 June, respectively.11 This rapid response
by member nations was made possible by the presence of allied air and naval forces in the
area – mostly on garrison duty in occupied Japan – and by the intense lobbying of the United
6 United Nations Economic and Social Council Resolution 337(XI), 7 November 1950. 7 Trygve Lie, In the Cause of Peace, New York, 1954, p.323-330. 8 United Nations Security Council Resolution 82, Document No. S/1501, 25 June 1950; O’Neill, op. cit. pp.
12-15. 9 Thomas M. Franck, Recourse to Force: State Action Against Threats and Armed Attacks, Cambridge
University Press, Cambridge, 2002, p24. 10 United Nations Security Council Resolution 83, Document No. S/1511, 27 June 1950. 11 Australia committed a squadron of Japan-based fighter-bombers on 30 June 1950: O’Neill, op. cit., p. 53.
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States Government, General MacArthur and the Secretary-General. The raising and deploying
of the large-scale ground forces required for the war took considerably longer.
By 7 July, 52 of the 59 Member States of the UN had showed their support for the United
Nations Security Council Resolutions, with over 30 States offering assistance to the Republic
of Korea, including armed forces, food, medical supplies, transportation and financial
assistance. Simultaneously, France and the United Kingdom jointly sponsored a Security
Council Resolution authorising the creation of a “unified command under the United States of
America”. The resolution recommended that Member States make their forces and other
assistance available to the command, and requested the United States to designate the
commander of such forces. The resolution also authorised the unified command to “use the
United Nations flag in the course of operations against North Korean forces.”12
Within one week, the United States had designated General Douglas MacArthur as
Commander-in-Chief of United Nations Forces in Korea, and the Secretary-General of the
United Nations, Trygve Lie appealed for increased force contributions, particularly ground
forces.13 The UN Flag which had been used by the United Nations Mediator in Palestine was
handed to MacArthur on 14 July 1950.14 The so-called “United Nations Command” was
formally activated by the United States Government on 24 July 1950.
The Legal Basis for the Use of Force
Although the Security Council did not explicitly identify the specific provisions within the
Charter upon which it based its authorisation of the use of force on the Korean Peninsula,
Resolutions 82, 83, and 84 all determined that the attack by the DPRK was a breach of
international peace and security. Such a determination is provided for under Chapter VII,
Article 39 of the United Nations Charter. Article 42 allows the Security Council to use armed
force to restore international peace and security.
Whether or not the action taken in Korea was supported by Article 42 is debateable. Certainly,
actual command and control of these forces by the Security Council, as envisaged by the
Charter, did not occur in Korea, and thirty-nine years after the end of the Korean War it was
12 United Nations Security Council Resolution 84, Document No. S/1588, 7 July 1950. 13 O’Neill, op. cit., p. 63. 14 In-Seop Chung, Korean Questions in the United Nations: Resolutions Adopted at the Principal Organs
of the United Nations with Annotations (1946-2001), Seoul National University Press, Seoul, 2002, p. 257. The flag is now on display at the United Nations Memorial Cemetery Korea, in Busan.
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still possible for the Secretary-General to assert, “The Security Council has not so far made
use of the most coercive of these measures – the action by military force foreseen in Article
42.”15 More recently, however, an eminent panel appointed by the current Secretary-General
felt able to say, “Where enforcement action is required, it has consistently been entrusted to
coalitions of willing states, with the authorization of the Security Council, acting under
Chapter VII of the Charter.”16 Thomas M. Frank has argued that such operations are indeed
Article 42 operations:
There is no reason, however, why the Council’s responses to aggression cannot be understood as a creative use of Article 42. Although the negotiators at Dumbarton Oaks and San Francisco undoubtedly had inferred that Article 42 would operate only in reliance on forces pledged by members under Article 43, The Charter does not make this interdependence explicit. On the contrary, Article 42 fully authorizes the Council to “take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea or land forces of Members of the United Nations.” Textually, Article 42 can stand on its own feet and it may be said to do so as a result of Council practice.17
Although the case of the Korean conflict must be seen in its own unique historical context, the
use of force by “forces of the Members of the United Nations” (using the language of Article
42) at the behest of the Security Council, after a determination of the existence of “a threat to
the peace, a breach of the peace or an act of aggression,” (Article 39), did set an important
precedent. It was followed, for example, in 1966, when the Royal Navy was authorised to use
force in enforcing a blockade of Southern Rhodesia18, and in 1990 when Member States were
authorised to use force to ensure the withdrawal of Iraqi forces from Kuwait.19 Thus, the use
of force by the unified command in the Korean War is best characterised as an example of a
peace enforcement operation authorised by, but not utilising all of, the provisions of Chapter
VII, in the way the framers of the UN Charter intended.20 Longstanding similar “Council
practice” in authorising operations in Kuwait, Somalia, Haiti and the former Yugoslavia has
lent considerable legitimacy to these “coalition of the willing” operations, and it is likely that
15 United Nations, An Agenda for Peace: Preventive diplomacy, peacemaking and peace-keeping, Report
of the Secretary-General, A/47/277 - S/24111, 17 June 1992, para. 42. 16 United Nations, Report of the Panel on United Nations Peace Operations, (Brahimi Report), A/55/305,
S/2000/809, 17 August 2000, para. 53. 17 Thomas M. Franck, Recourse to Force: State Action Against Threats and Armed Attacks, Cambridge
University Press, Cambridge, 2002, pp24-28. 18 United Nations Security Council Resolution 221, 9 April 1966. 19 United Nations Security Council Resolutions 660, 2 August 1990; and 678, 29 November 1990. 20 John Hillen, Blue Helmets: The Strategy of UN Military Operations, 2nd edn, Brassey’s,
Washington, D.C., 2000, p. 226.
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a Security Council Resolution containing both an Article 39 determination, and an
authorisation of the use of “all necessary means” by United Nations Members States, will
increasingly be seen to be a legally sound basis for the use of force in Council-sponsored
enforcement actions.
The use of Article 43 forces as laid out in the United Nations Charter and as envisaged by the
founders of the UN would no doubt confer enormous international legitimacy on any
enforcement operation authorised by the Security Council. Experience has shown however,
that although peacekeeping forces can be effectively managed by the Secretary-General on
behalf of the Council, enforcement operations, as a matter of practicality, seem best to be
commanded and controlled under a lead nation concept.
The Use of Force and US Command and Control
By adopting UNSCR 84, the United Nations had, for the first time in its short history,
authorised the use of large-scale military force to restore international peace and security.
However, although sanctioning the use of force, the organisation itself was unable to control
or manage the conduct or the ensuing combat operations. Once appointed by the Security
Council as the executive agent for the prosecution of the war, the United States essentially
determined the war-time military policies and objectives of the unified command, in the name
of the United Nations, but without any significant involvement of the organisation itself.
According to the then Secretary-General Trygve Lie, he had tried to fashion the Resolution of
7 July 1950 in such a way as to involve himself, as “the executive for the decisions by the
legislative organs of the United Nations” in the coordination of multinational effort and:
to promote continuing United Nations participation in and supervision of the military security action in Korea of a more intimate and undistracted character than the Security Council could be expected to provide.21
In the event, the United States, probably feeling that such supervision would prove
unworkable in the context of large-scale coalition warfare, rejected the proposal. In the minds
of the Americans:
there was never any doubt that a multinational organisation such as the United Nations could be a useful political forum, but could play only a supporting role in military affairs.22
21 Lie, op. cit., p.334. 22 Hillen, op. cit., p.225.
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Furthermore, with the United States providing the bulk of the combat power on the UN side,
that country had too much at stake to do anything other than control the conduct of the war on
behalf of the so-called “free world”, in line with United States’ national interests. The
Republic of Korea, which was not to become a member of the United Nations until
17 September 1991,23 also placed its military forces totally under General MacArthur’s
command on 14 July 1950,24 giving the US command and control of all allied forces, both UN
and non-UN.
The role of the Security Council in supervising the action in Korea was reduced to receiving
periodic reports from the Unified Command, although the Secretary-General did appoint a
personal representative to the Unified Command to maintain liaison with General
MacArthur.25
The Security Council passed additional resolutions on the Korean conflict on 31 July26 and
8 November 1950,27 before voting, on 31 January 1951, “to remove the item … from the list
of matters of which the council is seized.”28 Thus, in the middle of the Korean War, the
Security Council took the surprising step of deciding to ignore it. This can only be understood
in terms of changes in the make-up of the Security Council itself.
The Security Council’s initial prompt and assertive management of the situation on the
Korean peninsula had only been made possible by the absence from the organ’s meetings of
the representative of the Soviet Union between 13 January and 1 August 1950. (The Soviet
Union boycotted the Council over its continued recognition of the nationalist Republic of
China (Taiwan), rather than the communist People’s Republic of China, as the legitimate
incumbent of China’s Security Council seat.) With the return to the Council of the Soviet
Union on 1 August 1950, “[i]t was widely considered that further debates at the [Security
23 The Democratic People’s Republic of Korea also became a Member State on the same day: United Nations
Security Council Resolution 702, Document No S/RES/702, 8 August 1991. 24 Robert O’Neill, Australia in the Korean War 1950-53: Volume 2 Combat Operations, The Australian
War Memorial and the Australian Government Publishing Service, Canberra, 1985, p. 14. Should war break out today, command of all Republic of Korea forces would vest in General MacArthur’s most recent successor as Commander, United Nations Command, US Army General Leon J. LaPorte.
25 Lie, op. cit., p334. 26 United Nations Security Council Resolution 85, Document No. S/1657, 31 July 1950. 27 United Nations Security Council Resolution 88, Document No. S/1892, 8 November 1950. 28 United Nations Security Council Resolution 90, Document No. S/1995, 31 January 1951.
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Council on the Korean Conflict] would be meaningless”,29 and the Security Council
effectively washed its hands of the matter.
The Security Council had entered into the long period, which would last until the end of the
Cold War, when super-power rivalry and the veto power of each of the “Permanent Five”
produced stalemate after stalemate on issues of international peace and security. This failure
of the Security Council to address its responsibilities under the UN Charter, prompted the
General Assembly (at the suggestion of the United States30), on 3 November 1950, to adopt
its “Uniting for Peace” resolution, which asserted the competence of the General Assembly to
deal with matters concerning the maintenance of international peace and security, including
recommending the use of armed force.31
The “Uniting for Peace” resolution was historic because it challenged the Security Council’s
monopoly on issues concerning international peace and security. Article 24 of the United
Nations Charter gives the Council, “primary responsibility for the maintenance of
international peace and security”. This responsibility vests in the Council in order to “ensure
prompt and effective action by the United Nations.” Clearly, in the circumstances outlined
above, the Council was incapable of “prompt and effective” action on the Korea issue, and the
United States sought to explore new ways of initiating United Nations involvement in matters
of international peace and security, in the face of Security Council inaction. The resolution
was later to be used as the basis for the General Assembly Special Emergency Sessions which
led to the establishment of the first United Nations Emergency Force (UNEF I)32, and the
extension of the mandate of the Operation des Nations Unies au Congo (ONUC).33
The competence of the General Assembly to authorise and oversee military operations in the
course of restoring international peace and security was later confirmed by an advisory
opinion of the International Court of Justice which held that the “Charter made it abundantly
29 In-Seop Chung, Korean Questions in the United Nations: Resolutions Adopted at the Principal Organs
of the United Nations with Annotations (1946-2001), Seoul National University Press, Seoul, 2002, p. 262. The People’s Republic of China eventually displaced the Republic of China in 1971: United Nations General Assembly Resolution 2758 (XXVI), 25 October 1971.
30 Co-proposed by Canada, France, Philippines, Turkey, the UK and Uruguay. 31 United Nations General Assembly Resolution 377(V), 3 November 1950. 32 United Nations General Assembly Resolution 998 (ES-I), 4 November 1956. 33 United Nations General Assembly Resolution 1474 (ES-IV), 17 September 1960.
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clear that the General Assembly was also to be concerned with international peace and
security.”34
In fact, during the last two and a half years of the Korean War, while the Security Council
adopted not a single resolution on the Korean Conflict, the General Assembly passed no
fewer than ten resolutions related to the situation on the Peninsula – dealing with: the
intervention of China;35 the establishment of an arms embargo on China and North Korea;36
the unification, rehabilitation and reconstruction of Korea;37 repatriation of prisoners of war;38
recognition of UN soldiers killed in the conflict;39 the exchange by the belligerents of sick and
wounded personnel;40 and allegations of the use of bacteriological warfare by United Nations
forces.41
Throughout the 1950s and 1960s, the position of the Republic of Korea enjoyed the support of
a clear majority of the members of the United Nations, and the General Assembly was able to
continue its proactive involvement in the southern part of the peninsula, passing several
resolutions supporting the work of the United Nations Commission for the Unification and
Rehabilitation of Korea, and deploring the Democratic Peoples’ Republic of Korea’s
antagonistic stance toward the UN. However, by the mid-1970s, the enlargement of the
General Assembly had enabled the DPRK to build its own support base among communist
and “non-aligned” nations, leading finally to a stalemate on Korean issues in the Assembly.
The Assembly eventually washed its hands of “the Korean question” in 1976. Since 1975,
when rival, conflicting resolutions to encourage the negotiation of a peace treaty to replace the
Armistice Agreement failed, no more resolutions on the Korean conflict or armistice have
been passed by the Assembly.42
34 Certain Expenses of the United Nations, Advisory Opinion of 20 July 1962, 1962 ICJ 151; summary at
http://www.icj-cij.org/icjwww/idecisions/isummaries/iceunsummary620720.htm. 35 United Nations General Assembly Resolution 498(V), 1 February 1951. 36 United Nations General Assembly Resolution 500(V), 18 May 1951. 37 United Nations General Assembly Resolutions 507(VI), 5 February 1952; 574(VI), 7 December 1951;
611(VII), 25 November 1952; 701(VII), 11 March 1953. 38 United Nations General Assembly Resolution 610(VII), 3 December 1952. 39 United Nations General Assembly Resolution 699(VII), 5 December 1952. 40 United Nations General Assembly Resolution 705(VII), 18 April 1953. 41 United Nations General Assembly Resolution 706(VII), 23 April 1953. 42 The resolutions themselves actually passed the General Assembly, but as they were inconsistent with one
another, they were destined never to be implemented. United Nations General Assembly Resolution 3390 (XXX) A&B, 18 November 1975; Chung, op. cit., p. 201.
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The End of the Korean War
By July 1951, the Secretary-General of the United Nations, Trygve Lie had proposed the
appointment of a special neutral mediator, responsible to the Security Council, to assist in the
negotiation of an armistice. However, these proposals were strongly opposed by the United
States, were unlikely to have been supported by North Korea, Communist China or the Soviet
Union, and were thus most unlikely to avoid veto in the Security Council. It seems that the
proposals were not formally discussed in the Council, and Lie’s proposals lapsed. It was left
to the United States – with the consent of its allies – to secure agreement to, and then advance
armistice talks.43
Substantive armistice talks began on 27 July 1951, and an armistice was finally concluded on
27 July 1953, a full two years later. Included in the Armistice Agreement was a provision
recommending to the governments concerned that a political conference be held within three
months, to effect the peaceful settlement of the Korean question.44 On 28 August 1953, (while
the Security Council remained mute,) the UN General Assembly adopted a resolution
supporting this provision,45 but a conference dealing with the Korean conflict was not held
until 26 April 1954 in Geneva. By 15 June 1954, the United States and its allies had
abandoned further consideration of an enduring peace treaty at the conference as fruitless. As
a result, the Armistice Agreement has remained the primary mechanism for preserving
security on the Peninsula for over fifty years.
43 O’Neill, op. cit., pp. 240-2. 44 Korean War Armistice Agreement, 27 July 1953, para. 60. 45 United Nations General Assembly Resolution 711(VII), 28 August 1953.
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CHAPTER 2: THE KOREAN WAR ARMISTICE AGREEMENT
Overview of the Agreement
The Korean War Armistice Agreement, comprising a mere five articles and a total of 63
paragraphs is a remarkably concise document to have maintained a cessation in hostilities for
over fifty years. The penultimate paragraph provides that the Agreement “shall remain in
effect until expressly superseded either by mutually acceptable amendments and additions or
by provision in an appropriate agreement for a peaceful settlement at a political level between
both sides.” This means that – legally at least – neither side may unilaterally abrogate or walk
away from the agreement, although the DPRK has purported to do just that on a number of
occasions.
As well as providing for a cessation of hostilities, the Agreement established a system of
peacekeeping machinery including: a military demarcation line (MDL) and a four kilometre
wide demilitarised “buffer” zone (DMZ);46 a prohibition on the introduction of foreign
reinforcements and materiel to the Peninsula;47 a Military Armistice Commission (MAC) to
supervise and maintain the Armistice;48 and a Neutral Nations Supervisory Commission to
monitor the prohibition on foreign reinforcements and armaments, and to assist the MAC in
supervising and maintaining the Armistice.49
It is now well-known that the Demilitarised Zone (DMZ) is something of a misnomer, with
thousands of heavily-armed soldiers facing each other across the MDL. Nevertheless, a
remarkably stable status quo has established itself within the DMZ, and apart from a number
of serious incidents – some costing the lives of soldiers – and many more minor ceasefire
violations committed periodically by both sides, the existence of the buffer zone itself has not
been seriously challenged. Although the provisions for monitoring the introduction of foreign
personnel and materiel proved unworkable, the withdrawal of foreign forces has largely been
achieved, with around 99% of the military personnel on the Peninsula belonging to the armed
forces of the two Koreas.
46 Article 1, Paragraph 1. 47 Article 2, Paragraph 13. 48 Article 2, Paragraph 19. 49 Article 2, Paragraphs 36 & 41.
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The Military Armistice Commission
Much of the responsibility for the maintenance of the Armistice falls to the Military Armistice
Commission. Pursuant to the Armistice Agreement, the MAC is composed of:
ten (10) senior officers, five (5) of whom shall be appointed by the Commander-in-Chief, United Nations Command, and five (5) of whom shall be appointed jointly by the Supreme Commander of the Korean People's Army and the Commander of the Chinese People's Volunteers. Of the ten members, three (3) from each side shall be of general or flag rank. The two (2) remaining members on each side may be major generals, brigadier generals, colonels, or their equivalents.50
Unlike the Armistice Commissions set up after the Arab-Israeli War of 1948,51 the Korean
MAC had no neutral party to act as Chairman (with a casting vote), and so deadlocks between
the two sides were not easily broken.
Immediately after the signing of the Armistice Agreement the structure of the MAC was as
shown in the following diagram:
Figure 1: Structure of the Military Armistice Commission 1953-1991.
The Commander-in-Chief, United Nations Command appointed a US Major General as
Senior Member; with a ROK Major General, a ROK Brigadier General and a British
Brigadier as additional members. The fifth position was to be held, on rotation, by a Colonel
from one of the remaining UNC nations which had supplied combat forces to the Command.
The Supreme Commander of the Korean People's Army (KPA) and the Commander of the
Chinese People's Volunteers (CPV) jointly appointed a KPA Major General as Senior
50 Article 2, Paragraph 20. 51 United Nations, The Blue Helmets: A Review of United Nations Peace-keeping, 3rd edn, United Nations
Department of Public Information, 1996, p. 21.
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Member, with a CPV Major General, a KPA Major General and two KPA Colonels as
additional members.
Between 1953 and 1991, the MAC met 459 times, with thousands of meetings occurring at
the Secretary (Colonel), and Staff Officer levels. Although major, fatal incidents – such as the
1976 “Axe Murder” incident, and the 1984 defection of a Soviet citizen (which resulted in an
exchange of small arms fire in the Joint Security Area at Panmunjom) – continued to occur, a
large scale resumption of hostilities was avoided.
On 25 March 1991, the Commander, United Nations Command appointed a ROK Army
Officer, Major General Hwang Won-tak as the UNC Senior Member of the MAC.52 This was
the first time a ROK Officer had been appointed to this position. The DPRK’s strategy at this
time was to pursue a bilateral peace treaty with the US, while attempting to marginalise the
ROK. The KPA thus refused to accept the credentials of Major General Hwang, and from
May 1992 boycotted the MAC, beginning a period of non-participation in the MAC forum
which has continued ever since.53
By 23 May 1991, the KPA had also ceased any cooperation with the activities of the Neutral
Nations Supervisory Commission. On 3 April 1993, the KPA pressured the Czech Republic to
withdraw from the NNSC, refusing to accept it as the successor state to Czechoslovakia,
which had split into the Czech and Slovak Republics on 1 January 1993. On 28 April 1994,
the KPA purported to withdraw from the Military Armistice Commission altogether, and later
established the “Panmunjom Representative Office” in the place of its MAC delegation.54 On
1 September 1994, at the request of the KPA, the Chinese People’s Volunteers announced the
withdrawal of their delegation from the MAC. After suffering KPA threats and the
withdrawal of all services (including heating) – which the KPA were obliged under the
52 United Nations Command Public Affairs Office, Backgrounder No. 7: The Armistice and the Military
Armistice Commission, January 2000, http://www.korea.army.mil/pao/backgrounder/bg7.htm, downloaded on 9 January 2005.
53 Naewon Press, “Does Pyongyang Really Want Peace,” Vantage Point: Developments in South Korea, Vol. XVIII, No. 8, Seoul, August 1995, pp. 1-6, p. 1.
54 Like the purported withdrawal of the Israelis from the Egypt-Israel Mixed Armistice Commission in1956, the withdrawal of the KPA from the MAC must be regarded as legally ineffective, as unilateral withdrawal is prohibited under the Armistice Agreement: Article V, para. 62.
13
Armistice Agreement to provide – the Polish delegation withdrew, under protest, from the
Joint Security Area on 28 February 1995.55
On 3 July 1995, DPRK Foreign Minister Kim Yong-nam sent a letter to then UN Secretary-
General Boutros Boutros Ghali calling on the United Nations to withdraw permission for US-
led forces to use the UN Flag.56
Ironically, the DPRK continued to press for a DPRK-US bilateral peace treaty, claiming that
the Armistice arrangements had ceased to function because of the US.57
From 1991 until 1998, no talks occurred between General Officers at Panmunjom. In 1998,
talks which included the UNC Military Armistice Commission members (with the exception
of the Senior Member) and the KPA Panmunjom Representative Office delegates began,
dealing with much of the subject matter previously dealt with by the MAC. The structure of
this new forum for maintaining the Armistice is shown below:
Figure 2: Structure of General Officer Talks 1998-
The General Officer talks have dealt with Armistice-related matters including: the infiltration
of a DPRK submarine and its capture by ROK forces in 1998; the sinking of a DPRK naval
vessel by ROK naval forces in disputed waters in 1999;58 the sinking of a ROK naval vessel
55 The Poles continue to consider themselves part of the NNSC, and periodically visit the JSA to participate in
its activities: Ministry of Foreign Affairs of the Republic of Poland, Consultations of the Member States of the Neutral Nations Supervisory Commission (NNSC) in Korea, 28 October 2004, http://www.mfa.gov.pl/start.php, downloaded on 9 January 2005.
56 Naewon Press, op. cit., p. 2. UNSCR 84 authorised the unified command to use the UN Flag in the “course of operations against North Korean forces”. Whether that authorisation still applies after fifty years of armistice is an interesting point. Certainly the Security Council has never expressly revoked its authorisation, although it could be argued that UNSCR 90 does this by implication.
57 ROK Ministry of National Defense, Chronology of North Korea’s Attempts to Neutralize the Armistice Agreement, http://www.mnd.go.kr/english/html/02/1996/ref/ref4.htm, downloaded on 27 December 2004.
58 Richard Saccone, To the Brink and Back: Negotiating with North Korea, Hollym, Elizabeth, NJ and Seoul, 2003, p 65-6.
14
by DPRK naval forces in the same area in 2002; the negotiation of inter-Korean “transport
corridors” through the DMZ in 2002; and the negotiation of confidence building measures
such as the cessation of propaganda broadcasts in and around the DMZ, and the establishment
of a “hot line” between naval headquarters in the West (Yellow) Sea in 2003.
On the UNC side, the Operations Division of the MAC Secretariat continues a programme of
regular guard post inspections throughout the southern portion of the DMZ, and conducts
investigations of any alleged Armistice violations which come to its attention. The inspection
and investigation missions are primarily planned by US and ROK personnel,59 but routinely
include military liaison officers from Australia, Canada, Colombia, France, New Zealand, the
Philippines, Thailand, Turkey and the United Kingdom. Since the end of 2004, all but one of
the eighty UNC guard posts in the DMZ have been manned exclusively by ROK Army
soldiers,60 and the continued presence of highly visible, unarmed MAC inspection teams
comprising US and other UNC nationals represents an important “internationalisation” of the
DMZ. The teams, which report through the MAC Secretariat directly to UNC Headquarters,
and which are therefore at arm’s length from the tactical chain of command, also provide a
useful audit of the front-line units’ understanding of the Armistice Rules of Engagement and
their obligations under the Armistice Agreement.
The results of these inspections and investigations are briefed to the MAC’s Advisory Group
which comprises liaison officers from the nine nations with accredited military liaison
officers, plus civilian liaison officers from the Embassies of Belgium, Denmark, Greece, the
Netherlands, and Norway: all countries which provided either combat forces or military
medical support to the UNC during the Korean War. Yearly consolidated reports are prepared
by the UNC for delivery through the Pentagon and the US State Department to the UN
Security Council, although since the UNSC no longer “remains seized” of the Korean Issue, it
is not clear whether the reports are given any consideration by that body.
Although these arrangements are not the model of impartial and neutral peacekeeping
normally associated with the United Nations, the presence of military observers from ten
long-standing members of the United Nations surely lends credibility and an element of
transparency to UNC armistice maintenance operations along the DMZ.
59 At the time of writing, the planning team includes an officer seconded full-time from the New Zealand
Defence Force. Britain and France have also supplied officers full-time for this role. 60 There is one US-manned Guard Post, overlooking the Joint Security Area at Panmunjom.
15
Moreover, the arrangements have prevented a resumption of full-scall hostilities for over five
decades in the absence of a peace-treaty and must therefore be regarded as largely successful.
16
CHAPTER 3: STATUS OF THE PEACEKEEPERS ON THE KOREAN PENINSULA
Many newcomers to the strategic situation on the Korean Peninsula are confused by what they
find. The name of the United Nations Command Military Armistice Commission (UNCMAC)
will sound familiar to some – and evokes comparisons with the Mixed Armistice
Commissions of the United Nations Truce Supervision Organisation (UNTSO), regarded as
the first true United Nations peacekeeping mission. Even the acronym, “UNCMAC” seems to
sit comfortably alongside such UN missions as UNTSO, UNDOF and UNMOGIP. United
Nations flags fly from headquarters buildings, guard posts and cars. Officers having served on
previous UN missions often expect to see UN blue berets and cap badges.61
Appearances can be deceiving. The UNC and UNCMAC are not referred to on the United
Nations Department of Peacekeeping Operations website.62 No blue berets are worn on the
Peninsula and no United Nations service medals are awarded to the soldiers who serve under
the UN Flag and in the UN’s name. According to a United Nations spokesman, “The UN
Command, despite its name, is not a UN peacekeeping force… It's a U.S.-led force…".”63
This position is perhaps understandable – although the Security Council, under the terms of
its Resolution 84 of 7 July 1950, requested the United States to provide it with “reports as
appropriate on the course of action under the unified command”, its Resolution 88, adopted
only four months later, removed the Korean War “…from the list of matters of which the
Council is seized.” Although the United Nations Command was clearly authorised by the
Security Council to take enforcement action to repel North Korean forces, its status as a
peacekeeping force is not expressly supported by any Security Council Resolution.
Nevertheless, until 1975 the General Assembly continued to refer with approval, in its
resolutions on Korea, to “United Nations forces” and their role in preserving “peace and
security” in the area.
However, in spite of Assembly approval, like the Multinational Force and Observers (MFO),
set up in 1982 to supervise the implementation of the peace treaty between Egypt and Israel
concluded in 1979, the Korean Armistice peacekeepers operate outside United Nations
61 Canadians serving in Korea with UNCMAC are eligible for the “Canadian Peace Keeping Service Medal”:
Canadian Forces Directorate of History and Heritage, Canadian Peacekeeping Service Medal, http://www.forces.gc.ca/dhh/engraph/faqs_e.asp?category=cpsm&FaqID=13, downloaded on 8 October 2005.
62 http://www.un.org/Depts/dpko/dpko/index.asp 63 “N Korea Wants US out of South,” Los Angeles Times, 28 July 2004, p. A-3.
17
command and control arrangements.64 Unlike the MFO, the peacekeepers in Korea are
predominantly nationals of the former belligerents.
Current United Nations peace support operations doctrine requires effective command and
control of operations by the Secretary-General and the Security Council:
As regards command and control, it is useful to distinguish three levels of authority: (a) Overall political direction, which belongs to the Security Council; (b) Executive direction and command for which the Secretary-General is responsible; (c) Command in the field, which is entrusted by the Secretary-General to the chief of mission (special representative or force commander/chief military observer).65
In the case of the United Nations Command and its Military Armistice Commission, overall
political direction comes from the United States government; executive direction and
command is the responsibility of the US general appointed to command the UNC; and
command in the field is exercised by the ROK and US general officers of the UNC with
special responsibility for the activities of the Military Armistice Commission.66 The Security
Council and the Secretary-General are not involved.
Clearly, the use of the United Nations’ name and flag without Security Council or Secretary-
General control or oversight has the potential to have a negative impact on the Organisation’s
stature and credibility, especially considering that both Koreas have been members of the UN
since 17 September 1991.67
In addition, at least according to some commentators, “Both the Military Armistice
Commission and the UN Command are obsolete vestiges of an adversarial cold war
relationship between the Untied States and North Korea…The Military Armistice
64 Under the Egypt/Israel peace treaty, provision was made for the deployment of a UN peacekeeping force and
observers. The Security Council was unable to reach agreement on such a deployment and a US-led force was deployed with the consent of the former belligerents.
65 United Nations, Supplement to an Agenda for Peace: Positions Paper of the Secretary-General on the Occasion of the Fiftieth Anniversary of the Untied Nations, A/50/60, S/1995/1, 3 January 1995, para. 38.
66 The Senior, US and ROK members of the Military Armistice Commission. 67 United Nations Security Council Resolution 702, Document No. S/RES/702, 8 August 1991; United Nations
General Assembly Resolution 46/1, 17 September 1991.
18
Commission set up in 1953 should be replaced with new peacekeeping machinery, together
with companion steps to dissolve the United Nations Command.”68
Steps to dissolve the United Nations Command and the Military Armistice Commission have
in fact been suggested by both sides. In 1974, North Korea almost succeeded in obtaining a
favourable UN resolution when a draft resolution calling for the withdrawal on UN forces
from South Korea was narrowly defeated in the UN’s First Committee. In 1975, alarmed by
the increase in North Korean diplomatic influence caused by increasing numbers of
communist and “non-aligned” gaining seats in the UN, the United States and the Republic of
Korea agreed to dissolve the Command on 1 January 1976, on the condition that progress was
made in securing a peace treaty to supersede the Armistice Agreement.69 The US government
suggested peace talks to include North and South Korea, the United States and China, and
possibly other nations (viz., Japan and the Soviet Union). The US government began to
circumscribe the operational role of the UN Command, restricting the command and its use of
the UN Flag to activities related to the preservation of the Armistice, such as those of the
Military Armistice Commission. By 1976 only around 300 non-Korean troops remained
subordinate to the UNC,70 including MAC Secretariat Staff. According to the US government,
the bulk of the US troops on the peninsula were in Korea, “pursuant to the United States-
Republic of Korea Mutual Defense Treaty of 1954 and at the invitation of the Government of
the Republic of Korea… [and]…are not under the United Nations flag and are not a matter of
United Nations business.”71
On the issue of peace talks, North Korea refused to entertain proposals which included the
participation of South Korea, while the United States insisted on the inclusion of the South.
Progress acceptable to the United States therefore did not occur – and although the war
planning and fighting role of the UNC was transferred to the newly-established ROK/US
68 Selig S. Harrison (Chairman), Turning Point in Korea: New Dangers and New Opportunities for the
United States, Report of the Task Force on US Korea Policy, Cosponsored by The Center for International Policy and the Center for East Asian Studies, University of Chicago, February 2003, p. 24
69 B.C. Koh, “The Battle Without Victors: The Korean Question in the 30th Session of the UN General Assembly,” Journal of Korean Affairs, Vol. V, No. 1, (January 1976), pp. 43-63, p. 44; United Nations General Assembly Resolution 3390(XXX), 18 November 1975.
70 Koh, op. cit., p. 45. 71 US Ambassador Daniel P. Moynihan, United Nations, A/C.1/PV.2065, 23 October 1975, p. 3 and pp. 8-11,
cited in Koh, op. cit., p. 54.
19
Combined Forces Command (CFC) on 7 November 1978 – the United Nations Command
continues to exist today.72
What is clear, is that the United States Government concedes that those troops who are under
the UN Flag are a matter of “United Nations business”. What is also made clear, by a
multitude of General Assembly Resolutions and Security Council Presidential Statements, is
that the Armistice Agreement, as maintained by the United Nations Command, remains the
lynchpin of peace and security on the Korean Peninsula, with or without the active
involvement of the Security Council or the General Assembly. What the United Nations has
been unable to do – because of the impossibility of gaining a clear mandate on Korea in the
Security Council or the General Assembly - is to find a way to actively involve itself in the
command and control of the UNC.
United Nations Command: From Peace-enforcers to Peacekeepers
United Nations Command operations in Korea may be divided into two phases. The first
phase was the war against North Korean and Chinese aggression on the Korean Peninsula.
This phase was characterised by prompt Security Council action, and the authorisation by the
Council of the use of force by member states. Although the Council did not actually command
the UN forces through the Secretary-General, it lent its authority, its name and its flag to the
United States as the unified command in Korea. This action was the first “Coalition of the
Willing” campaign, and it is now widely accepted that the military and logistical exigencies of
actual war-fighting require UN authorised peace-enforcement operations to be carried out
under a “lead-nation” arrangement. The essence of the arrangements in Korea has been
followed in the first Gulf War, in the International Force intervention in East Timor and
elsewhere.
The second phase is the post-Armistice Agreement phase. This phase is characterised by a
system of peace-monitoring, and armistice maintenance. Although the peace-keepers continue
to use the flag and the name of the United Nations, there is virtually no United Nations
Security Council, General Assembly or Secretary-General involvement, or even official
interest, in the activities of the United Nations Command. The maintenance by most of the
former belligerents who fought under the UN Flag, of liaison officers to the UNC, gives the
72 ROK/US Combined Forces Command, Official Website, http://www.korea.army.mil/cfc.htm, downloaded
on 1 March 2005.
20
peace-keeping arrangements a “multi-national force” flavour, although the liaison officers do
not match the substantial troop contributions made to other multinational forces such as the
Multinational Force & Observers in the Sinai.
The peculiar peace-enforcement and peacekeeping arrangements on the Korean Peninsular
have resulted from a number of historical and political factors. Firstly, the United Nations had
maintained significant interest and involvement in Korea in the years between the end of the
Second World War and the outbreak of the Korean War, in the form of the Temporary
Commission on Korea, and the United Nations Commission on Korea, the latter of which
included military observers.
Secondly, North Korea’s main pre-war ally and sponsor, the Soviet Union, absented itself
from the Security Council between 13 January and 1 August 1950. These two factors
combined to allow a well-informed and resolute Security Council to take prompt and effective
measures immediately after the attack on the Republic of Korea by the Democratic People’s
Republic of Korea.
These measures included the determination of a “breach of the peace” under the provisions of
Chapter VII, Article 39 of the United Nations Charter, and the authorisation of a multi-
national force under the unified command of the United States to restore international peace
and security. Fifty-two of the then fifty-nine member states supported the UNSC Resolutions
with thirty States offering assistance to the Republic of Korea. Thus, by UNSCR 84, the
United Nations had, for the first time in its short history, authorised the use of large-scale
military force to restore international security.
However, the effective and resolute stand of the Security Council was not to last: by January
1951 the return to that organ of the Soviet Union had rendered useless any attempts by its
other members to deal with the “Korean Question”. The Security Council was not to pass
another resolution on Korea until the end of the Cold War. Nevertheless, the failure of the
Security Council to address its responsibilities under the UN Charter, prompted the General
Assembly to adopt the “Uniting for Peace” resolution, and the last two-and-a-half years of the
Korean War saw vigorous activity in the latter organ regarding the War. In the post-war
period however, the General Assembly, like the Security Council before it, was forced to
recognise the futility of attempting to broker a lasting peace on the Peninsula. Both “Koreas”
21
were finally admitted to the United Nations in 1991, but after 38 years of Armistice, no peace
treaty had been signed.
For practical military reasons, as well as the on-going political stalemate in the Security
Council, there was no prospect of effective political direction by the Security Council or of
command and control by the Secretary-General of the enforcement operation on the
Peninsula. As a result, the United States assumed the role of providing political direction, and
strategic, operational and tactical command and control in the field, and took the lead in
Armistice negotiations. Even after hostilities had ceased, the enduring deadlock in the
Security Council meant that the (eventually doomed) peace-talks were also initiated by the
United States and its allies.
22
CHAPTER 4: CONCLUSIONS
At the time of the signing of the Korean War Armistice in 1953, United Nations Peacekeeping
was still in its infancy. The classical, military observer missions of the UNTSO and
UNMOGIP had commenced, but the first “interpositional” peacekeeping “force”, UNEF I,
was yet to begin. The first UN “blue beret” was yet to be donned, and (apart from the UN
Korea Medal,) the first UN peacekeeping medal was yet to be minted.
The years since the signing of the Armistice have seen significant developments in United
Nations Peacekeeping doctrine. Documents such as the Agenda for Peace and its Supplement,
and the Brahimi Report have introduced and refined such concepts as “classical
peacekeeping”, “peace building”, “peace support operations” and “peace enforcement”. The
requirement for Security Council involvement in the direction of peacekeeping missions is
generally accepted, although the first United Nations Emergency Force and the United
Nations Security Force in West New Guinea are still regarded as UN Peacekeeping missions
even in the absence of the Council’s direction, and the MFO is also recognised as a
peacekeeping operation outside the United Nations, without Security Council direction nor
Secretary-General command and control.
It is clear that having been authorised by the United Nations Security Council, the military
operation on the Korean Peninsula soon became a creature of the United States and its allies.
Apart from Security Council authorisation, the operation bore none of the characteristics
which would see it fit comfortably into a modern doctrinal definition of United Nations
peacekeeping. Nevertheless the continued approval of the United Nations Command by the
General Assembly throughout much of the war and afterwards, gave the Command
considerable credibility as an instrument of United Nations policy.
By the end of the war, the ability of the United Nations to involve itself in the peace process
had been greatly reduced. The United States and its allies, using the name and flag of the
United Nations Organisation, but without its deeper involvement, went on to establish an
Armistice and initiate a peace conference.
After the war, the General Assembly kept up its active involvement in Korean affairs through
it supervision and support of the United Nations Commission for the Unification and
Rehabilitation of Korea, and it seems the UNCURK worked closely and effectively with the
United Nations Command in pursuing its objectives in Korea, and that the Assembly was able
23
to at least monitor the Command’s operations through its association with the commission
until the latter was wound up in 1973.
It may well be that the credibility, legitimacy and prestige of the United Nations Command as
well as that of the United Nations Organisation itself would benefit from a more formal
involvement of the UN in UNC activities. Indeed, it has been suggested that the UNC may
somehow morph into a neutral international force under UN command and control as part of
steps toward a negotiated peace settlement.
The real goal for the United Nations, as expressed in numerous Security Council and General
Assembly resolutions, is the peaceful unification of a democratic Korea following a political
settlement of the “Korean Question”. An absence of military hostilities is a necessary pre-
condition for such a settlement but in itself is insufficient. The political will to replace the
armistice machinery with an enduring peace treaty has not yet manifested itself.
However, the fact remains, that in the absence of a permanent peace on the Korean Peninsula,
the United Nations Command, through its continued control of its portion of the DMZ, and
the guard posts located there, and its involvement in the Military Armistice Commission, has
successfully fulfilled the role of an effective peacekeeping force for over 52 years, without the
involvement of either the Security Council or the Secretary-General.
24
TABLE OF INTERNATIONAL INSTRUMENTS
Security Council Resolutions
• United Nations Security Council Resolution 82, Document No. S/1501, 25 June 1950. • United Nations Security Council Resolution 83, Document No. S/1511, 27 June 1950. • United Nations Security Council Resolution 83, Document No. S/1588, 7 July 1950. • United Nations Security Council Resolution 85, Document No. S/1657, 31 July 1950. • United Nations Security Council Resolution 88, Document No. S/1892, 8 November
1950. • United Nations Security Council Resolution 90, Document No. S/1995, 31 January 1951. • United Nations Security Council Resolution 221, 9 April 1966. • United Nations Security Council Resolution 660, 2 August 1990 • United Nations Security Council Resolution 678, 29 November 1990. • United Nations Security Council Resolution 702, Document No. S/RES/702, 8 August
1991.
General Assembly Resolutions
• United Nations General Assembly Resolution 377(V), 3 November 1950. • United Nations General Assembly Resolution 377(V), 3 November 1950. • United Nations General Assembly Resolution 498(V), 1 February 1951. • United Nations General Assembly Resolution 500(V), 18 May 1951. • United Nations General Assembly Resolution 507(VI), 5 February 1952. • United Nations General Assembly Resolution 574(VI), 7 December 1951. • United Nations General Assembly Resolution 611(VII), 25 November 1952. • United Nations General Assembly Resolution 701(VII), 11 March 1953. • United Nations General Assembly Resolution 610(VII), 3 December 1952. • United Nations General Assembly Resolution 699(VII), 5 December 1952. • United Nations General Assembly Resolution 705(VII), 18 April 1953. • United Nations General Assembly Resolution 706(VII), 23 April 1953. • United Nations General Assembly Resolution 711(VII), 28 August 1953. • United Nations General Assembly Resolution 998 (ES-I), 4 November 1956 • United Nations General Assembly Resolution 1474 (ES-IV), 17 September 1960 • United Nations General Assembly Resolution 2758 (XXVI), 25 October 1971. • United Nations General Assembly Resolution 3390(XXX) A&B, 18 November 1975. • United Nations General Assembly Resolution 46/1, 17 September 1991.
Economic and Social Council Resolutions
• United Nations Economic and Social Council Resolution 337(XI), 7 November 1950.
International Agreements
• The Charter of the United Nations, 26 June 1945 • Korean War Armistice Agreement, 27 July 1953
25
TABLE OF CASES
• Certain Expenses of the United Nations, Advisory Opinion of 20 July 1962, 1962 ICJ 151; summary at http://www.icj-cij.org/icjwww/idecisions/isummaries/ iceunsummary620720.htm
26
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