Document Type

Article

Publication Date

1992

Publication Information

67 Ind. L.J. 903 (1992)

Abstract

Can the United Nations (UN or Organization) send military forces into civil war without the consent of the parties to the conflict? To date, it never has, but with the end of the Cold War, the Organization is in a position to think again about its proper role in civil war. During the past year, the Security Council has had requests to intervene in the civil wars in Iraq, Yugoslavia, and Somalia. So far, the UN has sent troops to Iraq and Yugoslavia but only after getting the consent of all parties.

The Security Council's recent decisions conform with the requirements of the UN Charter. Under the Charter, the Organization may not interfere in the internal affairs of member states. Moreover, the Charter prohibits the Security Council from taking enforcement action except in response to threats to international peace and security. Nevertheless, Brian Urquhart, former head of UN peacekeeping, has recently called for UN intervention in Yugoslavia, regardless of consent, in order to establish a cease-fire and bring about a quicker end to the bloodshed. Urquhart joins others who have in recent years called for changing or reinterpreting the Charter to allow the Organization to use military means for various humanitarian purposes. Yet military intervention is unlikely to have benign results. History shows all too often that intervening in civil war can prolong bloodshed, rather than ending it. Intervention can, moreover, deny people their right of self-determination and is inherently inhumane.

This paper is not an exhaustive study of civil war or self-determination. Rather, it presents the UN's recent decisions about Iraq and Yugoslavia to demonstrate that the UN has not abandoned the Charter prohibition on intervention in civil war. Reviewing these decisions shows that UN members voted against intervention to avoid prolonging civil conflict and interfering with self-determination. Their concerns are justified and explain why the UN should continue to resist calls to intervene militarily in civil war. The UN should concentrate instead on mediating peaceful solutions.

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