THE HOLE OF THE UNITED NATIONS IN CONFLICT MANAGEMENT
THE HOLE OF THE UNITED NATIONS IN CONFLICT MANAGEMENT
No Thumbnail Available
Date
1987-10
Authors
Bello-Fadile, Ralph Sixtus Babatunde
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Going down memory lane, we discovered that
states have always sought to manage conflicts that
impede peace and security in the society at large.
With this in mind, I forged ahead to see what
international institutions can do to help ameliorate
the suffering that comes with conflict. This study,
therefore, is concerned with collective management
mechanisms of actual or potential conflict so as to
save succeeding generations from the scourge of war
which twice in our lifetime has brought untold sorrow
to mankind.
After some working assumptions, the study examined
briefly the historical development of international
institutions. The United Nations is however the
focal point of the study. Thus we examined the
role of the mo3t universal institution ever organized
by States in their international relations. The
United Nations has the responsibility of bringing
about by peaceful means, and in conformity with the
principles of justice and international law, the
management of conflicts.
We observed that conflict, which can be 'crisis'
'dispute1 or 'situation', has no acceptable definition
in international relations. Nevertheless, no matter
vii
the terminology, the fundamental premises on which
conflict is based cannot be removed. Our concept
of conflict therefore is a r e l a t i o n s h i p among s t a t es
in which actions and interactions are mutually opposed
on a p a r t i c u l a r issue(s) at a point in time. We
identified five common variables in this concept,
these are: parties; i n t e r e s t ( s ) ; correlation;
incongruity and reaction which could be coercion or
violence or both. Conflict is often brought about
b a s i c a l l y by power-play over v i t a l national i n t e r e st
and incompatible objectives and policy actions.
C h a r a c t e r i s t i c a l l y , conflict could manifest in
physical aggression or public verbal dispute or
covert verbal aggression or breach of expectation or
avoidance.
It is our contention therefore that conflict
can be effectively managed by a disinterested party
or institution. This is particularly possible where
the parties to the dispute are unwilling to follow
the norms of international society, that is, those
rules and regulations which bind nation states in
their relations with each other. International law
exists because it is to the benefit of all states that
some sort of order should govern their international
dealings. Though states may disagree about what
law applies to given situation, there
is a consensus about the fact that some s e t of rules
are necessary. Hence the rules of international law
can be so framed that a policy of conflict cannot be
worked out except through open violation of
i n t e r n a t i o n a l law which will meet with protest,
condemnation and action by members of the world
community at l a r g e.
Perhaps the most acceptable sets of rules so
far is the constitution of the United Nations, that
is the Charter. Drawn and adopted at San,Francisco
on June 26, 1945, the Charter enumerated the various
mechanisms for managing conflict based largely on
past experience. The Founding Fathers' philosophy
as far as conflict management is concerned i s , freedom
of action based on equal and inalienable rights and
the dignity inherent in a l l men that Member States
should s e t t l e conflict peacefully by the common consent
of the adversaries. These mechanisms include peace
making, the use of force (war), peace-keeping and
disarmament and arms control.
ix
Although the United Nations is not and is not
intended to be a world government, because it is based
on the principle of sovereignty of States, the
obligations of states under the Charter have modified
t h e i r sovereignty. Thus; the United Nations is now
a symbol of world unity, a unity towards international
peace and security. This was demonstrated during the
Congo experiment.
The Congo c r i s i s was a unique example of a
s i t u a t i o n which called for the United Nations' action.
The United Nations f i l l e d the vacuum created by the
Belgian abrupt grant of independence in July 1960.
This action prevented any of the blocs from taking
over from the Belgians. Under the authority of the
Security Council, the Secretary-General dispatched
military assistance to the beleaguered Congolese
government. This was called operation des Nations
Unies au Congo (ONUC).
ONUC, the largest of a l l United Nations
operations was called into being within forty-eight
hours of request by Chief of State (Joseph Kasavubu)
and Prime Minister (Patrice Lumumba). The request
became necessary following the collapse of the Force
Publique and the introduction of Belgian metropolitan
troop3 to 'Protect' Belgian lives and property in the
Congo.
The establishment of ONUG was based on the fact
that the Congo crisis was characterized as a threat
to international peace and security. ONUC was complex,
expensive and the most controversial operation ever
managed by the secretariat of an international
institution. It was full of irony and paradox. There
was no truce to observe, and no line to patrol. It
spread all over the country for about four years with
opposition from various groups at different times.
But in the face of incredible difficulties and
frustrations, ONUG discharged its main purpose to
accede to the request of the Congolese central government
for the restoration of a united stable Congo without taking
sides. ONUC demonstrated, though challenged and
criticized, the ability of the United Nations to take
collective military measures to maintain law and
order within the territory of a Member state, albeit,
as a means of preserving international peace and
security.
In the final analysis, the United Nations
mechanisms will nonetheless not serve to lower the
level of international conflict unless the Member
states rededicate themselves to the principles
enshrined in the United Nations Charter. With what happened
during the Congo operation, we submit that Charter
revision is no guarantee for better conflict management.
It is our contention that, education, necessary
p o l i t i c a l will, u n i l a t e r a l disarmament, co-operation,
preventive measures, functional internationalism and
unswerving support for the Secretary-General by
Member States, will go along way in conflict
management under the United Nations system.
Description
A dissertation submitted to the Postgraduate School
Ahmadu Bello University, in partial fulfillment of the requirements
for the degree of Doctor of Philosophy (Law).
Department of: Public Law.
Faculty of: Law, Institute of Administration, Ahmadu
Bello University, Zaria, Nigeria.
OCTOBER, 1987
Keywords
HOLE,, UNITED,, NATIONS,, CONFLICT,, MANAGEMENT