UN SECRETARY-GENERAL FOR THE MAINTENANCE OF INTERNATIONAL PEACE (CONGO CONFLICT)

SEKRETARIS JENDERAL THE UNITED NATIONS IN MAINTAINING INTERNATIONAL PEACE

(CONGO CONFLICT)

 

By: Irma Hanafi

 

The mutual need between nations in various areas of life results in the emergence of permanent and continuous relationships between nations, which also results in the emergence of interests to maintain and regulate such relationships. Because the needs between nations are reciprocal in nature, the interest in maintaining and regulating such beneficial relationships is a shared interest.[1]

International law is the totality of rules and principles that regulate relations or issues that cross borders between countries. ncountry with ncountry, ncountries with other legal subjects are not ncountry or legal subject is not ncountries with each other.[2]

International legal provisions concerning rights, obligations and interests ncountries, are provisions that must be obeyed States, and in the same case treaties may impose obligations which the signatory States themselves agree to implement. However, this does not mean that there are no bodies or persons, whether natural or other legal entities, who can be covered by the control or abundance of international law.[3]

Even though the reality shows that nthe state is a subject of huthe main international cum, nThe state today is not the only subject ofuinternational society. This is due to various changes that have occurred in the international community from the 20th century.century and is a reflection of today's international society.[4]

The development of international organizations is a response to the real needs arising from international relations rather than due to philosophical or ideological considerations regarding the idea of ​​world government. The growth of international relations, in the sense of the development of relations between diverse peoples, is a constant feature of mature civilizations, progress in the field of communication combined with the desire for trade to create a level of relations that ultimately requires regulation through institutional means.[5]

The status of international organizations as subjects of international law is unquestionable, although initially there was no certainty on this matter. International organizations such as the United Nations (UN) and other organizations, such as the International Labor Organization (ILO), have rights and obligations stipulated in international conventions that serve as their constitution. Based on this fact, it can be said that the UN and similar international organizations are subjects of international law, according to international law derived from international conventions.[6]

In human life, the international community is characterized by two factors: cooperation and peaceful coexistence, and disputes within the international community. Disputes between members of the international community have various causes, including political, military, economic, or ideological reasons, or a combination of these interests. Hostility that begins with differences of opinion can be rooted in much more complex issues and have a long history, often leading to disputes. It is not impossible for disputes between nThe country then moved towards armed conflict because one of the nthe country thatthose in dispute who do not want to make peace, do not want to be invited to dialogue or refuse any offer to resolve the dispute peacefully.[7]

The role of international law in resolving international disputes is to provide a way for disputing parties to resolve their disputes according to international law. International law recognizes two methods of resolution: peaceful means and war.[8]

International law has established a minimum obligation for all states (members of the UN) to resolve international disputes peacefully. This is also stated in the Charter of the United Nations, which imposes an obligation on its member states and on other states that are not members of the UN to settle all international disputes peacefully in a manner that does not endanger international peace and security and justice. UN member states are also not permitted to use force against the territorial integrity and political independence of any state or in any manner inconsistent with the purposes of the United Nations.

Throughout history, the UN has often been called upon to prevent dangerous situations from escalating into war, to persuade warring parties to use the negotiating table instead of weapons, and to help restore peace when conflict arises.[9] This provision is expressly stipulated in Articles 1, 2, and 33 of the UN Charter. It obliges states to resolve their disputes by peaceful means in such a way that international peace and security are not endangered.[10] 

UN Charter chapter 1 load destination UN, among other things, maintaining international peace and security and for that purpose taking appropriate joint action to prevent and eliminate threats to the peace and to eliminate acts of aggression or other acts that disturb the peace, and will resolve them by peaceful means, and in accordance with the principles of justice and international law, regulate or resolve international disputes or situations that may disturb the peace.

UN Charter porigin 2 verse 3, declare that each member, in international relations, shall refrain from the threat or use of force against the territorial integrity or political independence of any state, or in any manner inconsistent with the purposes of the United Nations.

 Secretary General As One of Main Organs PBB

The failure of the League of Nations to prevent World War II did not dispel the belief, as was often expressed, that only by some form of organization of states could a system of collective security be achieved that could protect the international community from the scourge of war. The Allied powers, in 1941, named it “The United Nations,” and in 1943 the Moscow Declaration recognized “the necessity of establishing at the earliest possible time a public international organization, based on the principle of the sovereign equality of all peace-loving states, large and small, for the maintenance of international peace and security.” The formulation of a definite plan for such an organization was revised in several stages, at Tehran in 1943, at Dumbarton Oaks in 1944, at Yalta in 1945, and finally at the San Francisco Conference in 1945, where 50 governments, on the basis of the Dumbarton Oaks proposals prepared by the four sponsoring powers, jointly drafted the Charter of the United Nations.[11]

According to its Charter, the United Nations consists of several of the most important bodies as listed below:

1. General Assembly
2. Security Council
3. Economic and Social Council
4. Trusteeship Council
5. International Court of Justice.
6. Secretariat.[12]

“The secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.” Article 97 of the UN Charter. (The Secretariat shall consist of a Secretary-General and such staff as the Organization may require. The Secretary-General is appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.) 

The Secretariat, composed of international staff based at United Nations Headquarters in New York, carries out the day-to-day operations of the United Nations. It serves other UN bodies and administers the programs and policies they establish. The Secretariat is headed by the Secretary-General, who is appointed by the General Assembly upon the recommendation of the Security Council for a five-year term.

The Secretary-General is described by the United Nations Charter as the administrative head of the organization. As diplomat and activist, advocate and peacemaker, the Secretary-General stands before the international community as the principal symbol of the United Nations. His duties require a strong spirit, sensitivity and imagination, coupled with a strong sense of optimism. A belief that the ideas contained in the Charter can become a reality.

The Secretary-General's work is characterized by a creative tension that stems directly from the Charter's definition of his duties. The Charter empowers him to bring to the attention of the Security Council any matter that, in his opinion, threatens international peace and security. He is also required to perform such other functions as may be entrusted to him by the Security Council, the General Assembly, and other principal organs of the United Nations. The Secretary-General serves both as a spokesman for the international community and as a servant of Member States. This broad mandate gives the Secretary-General an extraordinary mandate to act.

Among the general public, the Secretary-General is well-known for utilizing his position and impartiality, known as his "good offices," for the benefit of preventive diplomacy. These are steps taken directly by the Secretary-General or his senior staff, whether openly or not, to prevent the emergence, escalation, and spread of international disputes. As events and crises around the world demonstrate, the Secretary-General's words and actions can have profound consequences.

The Secretary-General's work also involves regular consultations with world leaders and individuals, attending sessions of various United Nations bodies, and traveling internationally as part of efforts to enhance global understanding of the United Nations' role in international affairs. Each year, the Secretary-General issues a much-anticipated annual report in which he assesses the work of the Organization and sets out his views on priorities for the future.

In 1992, at the request of the Security Council, Boutros Boutros-Ghali developed "An Agenda for Peace," which included proposals for effective peacekeeping and peacebuilding in the post-Cold War era. Similar initiatives are expected from future Secretaries-General.[13]

Legal Facts of the Congo Conflict

 The Republic of the Congo (Leopoldville), a former Belgian colony now known as the Republic of Zaire, became independent on June 30, 1960. Chaos broke out a few days later.[14] Congolese soldiers rebelled against their Belgian superiors. Panic spread among Belgians still living in Congo as civil servants or businessmen. The Belgian government ordered its remaining troops in Congo to take immediate action, assisted by paracommandos brought in from Europe.[15]

On July 12, 1960, the Congolese Government requested United Nations military assistance to protect the Congo from external aggression. Two days later, the Security Council requested that Belgium withdraw its troops and authorized the Secretary-General to provide the Congolese Government with any military assistance it may require until the national security forces, in the opinion of the government, are able to carry out their duties.

In less than 48 hours, contingents of United Nations troops, contributed by several countries, including those from Asia and Africa, began arriving in Congo. At the same time, United Nations civilian experts arrived in the country to ensure the continuity of essential public services.

Over four years, the tasks of the United Nations Operation in the Congo (ONUC) were:

• assist the Congolese government in restoring and maintaining the country's political freedom and territorial integrity
• maintain law and order
• implementing a broad and long-term technical assistance program.

To fulfill this task, a vast team was assembled. At its head was a United Nations force of approximately 20.000 military and civilian officers. The Security Council's mandate for the force was reinforced in early 1961 after the assassination of former Prime Minister Patrice Lumamba in Katanga. The force was tasked with protecting the Congo from external intervention, primarily by evacuating foreign mercenaries and advisors from Katanga, and preventing violent fighting and civil war as a last resort.

            After Parliament reconvened in August 1961, with the assistance of the United Nations, the main issue was the attempt to secede from Katanga, which was led and funded by external forces. In September and December 1961, rebel forces led by foreign mercenaries fought against the United Nations Forces. This was repeated in December 1962. Secretary-General Dag Hammarskjold died on September 17, 1961, in a plane crash en route to Ndola (in what is now Zambia), where negotiations to end hostilities were to take place.

            In February 1963, after Katanga was reintegrated into the Congo, the withdrawal of the United Nations Force began, with the intention of ceasing its activities by the end of that year. At the request of the Congolese Government, the General Assembly authorized the continued stay of a small force there for six months. The force withdrew completely on June 30, 1964.

            Although the United Nations' military mission has ended, civilian assistance continues and represents the largest single assistance effort ever undertaken by the United Nations and its agencies. At the Program's peak, approximately 2.000 experts were working in Congo.[16]

The Role of the UN Secretary-General in the Congo Conflict

Article 1 of the UN Charter contains the objectives of this world organization, namely, among other things, to maintain international peace and security and for that purpose to take appropriate joint action to prevent and eliminate threats to the peace and to eliminate acts of aggression or other acts that disturb the peace, and to settle them by peaceful means, and in accordance with the principles of justice and international law, to regulate or resolve international disputes or situations that may disturb the peace.

            Regarding the conflict in the Congo, there are several organs of the United Nations that play a role in resolving the conflict in the Congo, including: Security CouncilArticle 24 of the Charter states that in order to ensure that the United Nations can carry out its activities smoothly and effectively, its members confer on the Security Council primary responsibility for maintaining international peace and security and agree that the Security Council, in carrying out its duties under this responsibility, shall act on their behalf..

            The Congolese Government's request for United Nations military assistance to protect the Congo from Aggression is regulated in Article 35 paragraph 1 of the Charter that, Any member of the United Nations may bring to the attention of the Security Council or the General Assembly any dispute or situation of a nature referred to in Article 34. (The Security Council may investigate any dispute which may give rise to an international conflict, in order to determine whether the continuation of the dispute or situation is likely to endanger the maintenance of international peace and security).

            Among the general public, the Secretary General is well known for utilizing his position and impartial nature, which is known for the good services of the Secretary General, for the benefit of preventive diplomacy.[17]

            Concerning the Congo Conflict, the UN Secretary-General at the time, Hammarskjold, outlined a comprehensive plan for the formation of a peacekeeping force consisting of troops from countries deemed to have no interest in helping to restore law and order and not interfering in the internal affairs of the country.[18] (Article 99 of the Charter explains as follows: The Secretary-General may request the Security Council on any matter which in his opinion may endanger the maintenance of international peace and security.) The Secretary-General has a great influence over the decisions taken on the instructions given to him.[19]

            The provisions of Article 99 of the Charter constitute the Secretary-General of the United Nations' right of initiative, which is rarely exercised with the same consideration, namely not wanting to undermine the authority of the Council, which has the primary responsibility for maintaining international peace and security. [20]

            Subsequent activities in the Congo followed a tortuous and sometimes contradictory path, navigating internal and external political disputes, budget deficits, and setbacks for the Secretary-General. Hammarskjold attempted to use the Security Council as a means of obtaining political guidance in changing circumstances. This procedure worked well for only a few weeks, until the policies of the United States and the Soviet Union became divided after the Soviets chose to support Prime Minister Patrice Lumamba directly, bypassing the UN. The separation of Katanga Province further complicated the problem of obtaining political guidance from the Security Council. After Lumamba's assassination in 1961, the Security Council was forced to agree and even instructed Hammarskjold to go further by using force to prevent civil war in the Congo. But before this new policy could be tested, Hammarskjold was killed during his mediation mission to Katanga in 1961.

            U Than succeeded Hammarskjold. The new Secretary-General was considered prudent by member states. He attempted to negotiate a resolution to the Congolese secession. U Than's support for the Leopoldville government ultimately led to the publication of a coercive plan in the Katanga delegation and the use of UN troops to clear his own lines of communication and to overthrow the secessionist government.

            With the unification of the Congo state, most of the Secretary General's duties in the security sector have been completed.[21]

 

REFERENCES

1. Ali Sastroamidjojo, Introduction to International Law, Bhratara Jakarta, 1971.
2. DW Bowett, QC, LL.D., Law of International Organizations, (Translation by Bambang Iriana Djajaatmadja), Sinar Grafika, 1991.
3. Huala Adolf, Law International Dispute Settlement, Sinar Grafika Bandung, 2004.
4. James Barros, The UN Past, Present and Tomorrow (Translation by DH Gulo), Bumi Aksara Jakarta, 1984.
5. JG Starke, Introduction to International Law Tenth Edition, Jakarta Graphics, 2001.
6. Mochtar Kusumaatmadja, Introduction to International Law, Binacipta Bandung, 1978.
7. Mochtar Kusumaatmadja and Eti R. Agoes, Introduction to International Law, Bandung Alumni, 2003.
8. Basic Knowledge About the United Nations, United Nations Information Office.
9. Sri Setianingsih Suwardi, International Dispute Settlement, UI-Press Jakarta, 2006.

Sumaryo Suryokusumo, Case Studies of International Organization Law, Tatanusa Jakarta, 2007.