Getting Back to the Real United Nations: Global Peace Norma and Creeping InterventionismCommander Roger D. Scott The United Nations (UN) has been 80 abused with altruistic adventurism that few can now recognize its original purpose. The UN Charter, in its proper context, is a strategic watershed that should be reevaluated and applied with greater circumspection. This paper outlines the origins and structure of the Charter reame of peace and the clear direction of national practice. It also distinguishes between three alternatives for national security strategy and planning with respect to that regime: (1) defy Charter norms and intelvene on the basis of uni-lateral discretion; (2) attempt to change Charter norms by renegotiating broader authority of states to US^ force against each other urnlaterally; or (3) comply with existing norms far the use of forcelearn them, plan to them, and take advantage of legitimate opportunities, including use of the...

• Author: Commander Roger D. Scott
• Pages: 02

1. Introduction

   The end of the Cold War' has increased the threat to international peace and seeuntyz However, It has also increased the ability of the international community to play an Bctive role in response to that threat.3 As a result of these cmumstances, the Cnited States has increased its reliance on multilateral operations as a vehicle for

   LOUIS A CHMRELU'

   achieving national security objectives.4 Multilateral operations occur across the full Spectrum of operations, up to and including war Like unilateral operations, they respond to the type of conflict and threat to national interests. Sometimes United States involvement in B

   multinational operation occurs pursuant to a mutual defense meaty or an ad hoc coalition.6 Increasingly, American multilateral operations occur a6 United Nations (UN)

   "peace operations."E

   United States participation within the context of UN peace operations' occurs for both political and military reasons.& Peace operations are political as well as military in nature. Their measme of success requires any militaly action to "complement diplomatic,

   L-nm were able to dramatically change the scale and scope airheir scfwntie8 heglnmngm 1588 Id at 16

   Multilareral operations me not m w to the United Stares. Unmd Starea amed forces have participated m multinational endeavora mnce the Revolurman Via? US

   DEP'T OB ARW, FIELD MANUAL 100-5.

   OPER4TIONS. at 6.1 I14 June 15931 [hereinafter

   FM 100-51 Since 1990. hawever, L 3 military operation% molvmg multinafmal forces have Increased 3001 UI~TED STATES ARhW POSTLPIL STATEXENT

   F1sc.4~ YEIR

   rm 1597, YEETlNO THE CKULENCES OF TODW TO~loRROw, AND THE 21sr CEITUPII 3 11957,operation Urgent Fury (Grenada) was B mullinarianal operstian rhal occurred pursuant to a murusl defense treaty See John Norton .Maore. The Unitad Slate8 Acl~on an Grenada. 7 8 h

   J INTI L 145 Op~rafian Desort ShieldUesen Storm con.~nfuted

   B rnultmalmal amretm that made use ai an ad hoc eoalatmn

   Thle article

   will be pan of a UN peace operation'' FM i00-23. 6upm note 6. ab-23 will focus on those peace operarionn under CS ~uspices

   . .. .. .

   economic, informational, and humanitarian efforts in pursuing the averarching political objectwe.'3 The appropriateness of committing American troops and money to peace operations 1s the subject of much controversy and debate lo The reality for the armed S~MCBS

   is that such operations will remain a critical part of United States national security policy.1~

   United Nations peace operations come in many forms. One dis. tinction 1s between "peace-keeping"lz and "peace enforcement"13mission^.'^ Another difference is between those peace operations undertaken by nations pursuant to UN authorization, and those operations under UN direetmn.lj The financial aspects of the operation are a key difference between UN.autharized and UK.direeted

   'Properly constituted. peace operarrons can be m e ueeful tool to ad\ance

   American nailanal intereats and purae our national security objecrlves" PDD-25, ~upronote 8, at 13 This belief 1s not limited to the current admmafratm Both Republican and Democratic admmritrafiane haie iasved policy ststementa emphaiir. mg"the Importance of peace nperarions in reducing malability and limiting conflict ' Antonla Handler Chayer & George T Raach, Bqand Fighting and Whning, m PLACE OPER*TIO\E DWZLOPIUC Ax AUERICXX STWTEGY 3 3 (Antanla Handler Chaps & George T Raach eda , 1996)

   11 Peacekeeping refers to 'milkfar? or p8remihrsry operatmr that are undenak-en wth the cansent of dl major belhgerentc. designed to monirar and facilitate ~mple. mentation of m exisnng truce and euppart diplamatie efforts to reach long-term poht. lcSi THE J O I ~ I CBIEFS or STAFF, J O ~ T

   PUB 3-07 3, JOM rmxcs,

   TECHNIQLEE, UD PROCEDURES FOR PEACEKEEPIN(.

   OPE~^-liohs, 1.1 129 Apr 19941 [here-

   inafter JOIST

   IQ

   ~ t a use, normally pursuani to mernatmnal ufhonmfmn. to campel eomplrance uqth resolut~on~

   01 sanctions designsd to maintain 01 restare peace and order'' F.M 100. 23.8upm note 6. at 111, see infra note 54

   A The distinction between peacekeepmg and peace enforcement mmms has

   become blurred Thie 16 dangerous

   The lame of peace-keeping flow from polrtical and military premmea that re quite distinct from those of [peace] enforcement, and the dynamic. ai the latter are ineompatrble rith the political p~eees8 rher peace.keepmg 1s intended to facAtats To blur the dlsrlncilon berwren the two can undermine the mabhtv of the peace-keeplng uparaflm and endsnser its ~ersonnel

   . .

   Supplemanl Lo an 4 m d a for Peace Posmon Paper of tho Secielary-General, D A' GAOR, 30th Sehs , para 35, UN Doe k50 60 11996) [hereinafter Supplement Lo An Agendo for Peacrl

   United

   Nations-authorized aperatloni are ''operation8 for which the Uh sanctions military Intervention with the lead role assigned la B nation'' JOIST

   The Joint Wafighting Center reca$mzei two Lwes of UI operations

   W~FICHTISO

   Exhibit 2 (23 Feb

   19911 Icurrently under rewimni [heminafter J'IF CO~E.%YDER'S

   OPER+TIONS,

   Peace enforcement refere to "the B Y D ~ C B I I ~

   af mhtan force or the threat af

   PLB 3-07 31, FM 100.23, supm nore s, st 112, see mfm note 63

   CEKTER,

   H~maoaxl rnited

   JOIXI TaK FORCE COMMLYDER'S HF\IDBMK FOR PEACE

   operations.16 Domestic authority is the primary fiscal msue in UNauthorized operations The fiscal LSLU~E

   for '%lue-heImeted1' UNdirected operations are more complex, political. and largely beyond United States control. The fiscal aspects of UN.directed peace operations also can be the source of operational problems for partimpating United States forces. It is this aspect of UN peace operations that military lanyers and operators often fail to underitand.le

   This article seeks to resolve the aforementioned problem Part I1 of this article examines the general purpose of the UN. and its role wthin the UN.directed peace operations Part 111 reviews the UN structure with regard to peace operations and how the argamration exercises fiscal control over these missions Part IV examines the shortcomings of the UN fiscal process for peace operations and the types of operational problems that result for contnbutmg forces. Part V recommends haw United States forces can mitigate and alle-mete the problems that occur when operating within the confines of

   B '%lue" UN purse

   11. The Role of the UN

   The UN is the embodiment of the will of the international community It 1s a by-product of the strengths and weaknesses of the current nation-state system The proper role of the UZT has been questioned since the organization's origin and the prevailing opinion

   Nations dlrecfed operatms are "~perationi conducted under lJY ausp~cei

   nth a md-

   FOR PEACE

   1m-y force under LS contrel' Id 16 "Far ~ U C C ~ S S

   ~r LQ 0~~entz01that a policv be developed far 'fundme the peace

   uperatian This ma) be m e

   of Ithe hint Task Farce Commander el mast complex and fme-cansummg tasks '' Id st 69

   In November 1956. UN peacekeeping forcea hairily deplajed t o rhe Sinai Peninsula to monmi the C P B P ~ fire agreement ~n the Suez Canal BarWith three foreign armies Aghtmg on Empfian 8011 theneeded clear identification Beret6 oftbe isae light shade aiblue BPthe 0 S nag _as the speed iolurion-unid :i =,as discovered chat these would fake manrhs to manufacture So the United Sralei quickly sprag-painted thousands of arm> helmet h e m the right shade af blue and shipped them ta Suez The 'Blue Hslmei' U B ~

   barn

   Paul Leu>$, A Short H~sfory ai Cnrfed .Voimns Peacebeeping, ~n SOLDIERS

   25. 32 (Barbara Benron. ed , 1996

   of its proper role has changed over time. This section reviews the role of the UN as set forth in its charter and as it has evolved with practice. Understanding the UNs role will provide a foundation for examiningthe financial aspects of the peace operations It employs.

   1. The Role of the UN As Set Forth In Its Charter

      The horrors and carnage of World War I1 made many realize the need for Some world body in which nations could effectively resolve disagreements without recourse tô a r . 1 ~

      The UN was to be the method by which the major powers of the world collectively kept the peace and avoided war as a method of conflict resolution. Such utopian beliefs dueled with national self-interest when deciding what powers and authorities to dive this international organization.

      The UN's Charter20 is an international agreementz1 that establishes the organization's actual roles and powers. The UNs primary purpose is unequivocal:

      [tlo maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in con-formity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.22

      The UN Charter attempts to achieve these objectives by mandating peace among Member States. Article 2(4) prohibits all use of armed

      20 U.N CHARTER (June 26. 1945)

      In domestie tarme, the UR Charter is B treaty entered into by the United Ststel (Senate advice snd consent to ratifleatian 00 28 July 1945, ratified by the President on 8 AupBt 1945, entared into force on 24 Omkr 1945, and pralaimed by the Resident an S1 October 1945). 59 Stat. 1031, T.S. No. 993. The UN Charter 18

      not a "-if-erecutmg treaty See gmemlly Foster Y Neilaan, 27 US. (2 Pet 1213, 314 (18291 (seif.exeeuling fre~tmsars ths "iaw of the land" and operate without the aid of any lesialative provision); Robert F Turner, The Comlifufionai Fmmuork jar rk D~vieion oiNdmal Secvriiy Powen Berueen Congiasa, t k Pnadant, and tk Cauda, an NAT'L SEcmnY L. 749, 792.96 (John Norion Moore sf al dds, 1990) (discussing whether Congreai muaf appropriate money to rmpiement a proprl? rabad treaty) The Uh, by contrast, ~8qum%

      Bmusi United States congreaaional appropriationa in order to flourishzz U.N CHARTERB~~

      1, para 1

      farce...