The United Nations Security Council and War:The Evolution of Thought and Practice since 1945 (170 page)
Authors: Adam Roberts,Vaughan Lowe,Jennifer Welsh,Dominik Zaum
4
G7, Statement on Air Hijacking, 17 July 1978; G7, Statement on International Terrorism, 5 May 1986.
5
So, for example, the Council sought to compel Libyan compliance with the criminal investigation relating to the bombings of the Pan Am and UTA flights, and end Libyan support of terrorism more generally. In the absence of Tripoli’s cooperation, the Security Council moved, in March 1992, to impose economic sanctions on Libya, strengthening them later that year in the face of the country’s intransigence. SC Res. 731 of 21 Jan. 1992; SC Res. 748 of 31 Mar. 1992; SC Res. 883 of 11 Nov. 1993. The Council responded in the same way with respect to the Sudan in 1996, calling on the government to extradite the suspects in an assassination attempt on Egyptian President Hosni Mubarak, and then imposing sanctions when Khartoum failed to do so. SC Res. 1044 of 31 Jan. 1996; SC Res. 1054 of 26 Apr. 1996; and SC Res. 1070 of 16 Aug. 1996. A more detailed examination of the Security Council’s role is provided by de Jonge Oudraat, ‘The Role of the Security Council’.
6
SC Res. 1267 of 15 Oct. 1999; SC Res. 1333 of 19 Dec. 2000.
7
SC Res. 1363 of 30 July 2001.
8
SC Res. 1269 of 19 Oct. 1999.
9
SC Res. 1368 of 12 Sep. 2001.
10
SC Res. 1373 of 28 Sep. 2001.
11
SC Res. 1624 of 14 Sep. 2005.
12
Roberto Lavalle, ‘A Novel, if Awkward, Exercise in International Law-Making: Security Council Resolution 1540 (2004)’,
Netherlands International Law Review
LI, no. 3, 411–37.
13
SC Res. 1540 of 28 Apr. 2004.
14
See Annex 4.
15
SC Res. 1363.
16
For more on this see, Rosemary Foot, ‘The United Nations, Counter-Terrorism and Human Rights: Institutional Adaptation and Embedded Ideas’,
Human Rights Quarterly
29, no. 2 (May 2007).
17
These documents can be found on the CTC website at
www.un.org/SecurityCouncil/ctc
18
The numbers can be found in the CTC report to the Security Council, UN doc. S/2005/663 of 21 Oct. 2005: 130 states had submitted their third report, 101 their fourth, and 22 had submitted five reports. In her 2006 report to the Security Council the Chair of the CTC did not provide an update on these numbers.
19
SC Res. 1377 of 12 Nov. 2001.
20
CTC Directory of Counter-Terrorism Information and Sources of Assistance,
www.un.org/Docs/sc/committees/1373/ctc_da/index.html
21
S/2006/989, 18 Dec. 2006, 6.
22
The first special meeting was held in Mar. 2003. The CTC met with fifty-seven international, regional, and sub-regional organizations in New York. The second meeting was hosted by the Organization of American States in Washington in Oct. 2003. In Mar. of the following year, UNODC and the OSCE sponsored a meeting in Vienna. The fourth meeting was hosted by the Commonwealth of Independent States (CIS) in Kazhkstan in Jan. 2005. Reports of all the meetings are available on the CTC website. A fifth meeting, in cooperation with African Regional Organizations, occurred in Oct. 2007. See UN doc. S/PV.5779 of 14 Nov. 2007, 6.
23
UN doc. S/2004/70 of 26 Jan. 2004; UN doc. S/2004/124 of 19 Feb. 2004.
24
SC Res. l535 of 26 Mar. 2004.
25
Briefing by the Chairman of the CTC to the Security Council, UN doc. S/PV.5293 of 26 Oct. 2005.
26
S/PV.5601 of 20 Dec. 2006, 4.
27
UN doc. S/2006/257 of 25 Apr. 2006;UN doc. S/PV.5538 of 28 Sep. 2006, 7–8. Documents and information relating to the Committee’s work can be found at disarmament2.un.org/Committee1540/As with the implementation of Resolution 1373, issues concerning the implementation of Resolution 1540, including the question of state assistance have been the subject of debate. See, UN doc. S/PV. 5635 of 23 Feb. 2007.
28
SC Res. 1566 of 8 Oct. 2004.
29
SC Res. S/2005/789 of 16 Dec. 2005.
30
See, for example, the Security Council debate in response to the most recent submission of committee reports, UN doc. S/PV. 5168 of 25 Apr. 2005.
31
UN doc. S/PV. 5601 of 20 Dec. 2006, 3.
32
UN doc. S/2004/70 of 26 Feb. 2004, 4.
33
SC Res. 1550 of 11 Mar. 2004.
34
See, for example, Paul C. Szasz, ‘The Security Council starts Legislating’,
American Journal of International Law
, vol. 96/4, 901–5, and Lavalle, ‘A Novel, if Awkward, Exercise in International Law-Making’.
35
See, for example, the comments of Brazil in response to the briefings from the 1267, 1373, and 1540 committees in Apr. 2005, UN doc. S/PV. 5168 of 25 Apr. 2005, 8–10.
36
See, for example, SC Res. 1269, which unequivocally condemns ‘acts of terrorism, irrespective of motive, wherever and by whomever committed’.
37
High-level Panel,
A More Secure World: Our Shared Responsibility – Report of the High-level Panel on Threats, Challenges and Change
, UN doc. A/59/565 of 2 Dec. 2004, 45.
38
In Larger Freedom: Towards Security, Development and Human Rights for All – Report of the Secretary-General
, UN doc. A/59/2005 of 21 Mar. 2005, 26.
39
2005 World Summit Outcome
, UN doc. A/60/L.1 of 15 Sep. 2005, 23.
40
UN doc. A/RES/60/288 of 8 Sep. 2006.
41
For more on this see Foot, ‘The United Nations, Counter-Terrorism and Human Rights’.
1
UN doc. A/53/338 of 4 Sep. 1998, 8.
2
UN doc. E/C.N.4/1998/31 of 27 Jan. 1998, 22. Ballesteros also argues that mercenaries and private companies are the same in UN doc. E/CN.4.2004/15 of 24 Dec. 2003, at 10–11. Ballesteros was replaced in July 2004 by Shaista Shameem, who acknowledges that there may be a difference between mercenaries and PSCs but also indicates that companies which engage in combat ought to be included within the scope of any new international law created to regulate mercenaries. UN doc. A/60/263 of 27 Sep. 2005, 17.
3
UN doc. E/CN.4.2003/16 of 29 Nov. 2002, 8.
4
Precursors to these companies existed, but not on the same scale.
5
Deborah Avant,
The Market for Force: The Consequences of Privatizing Security
(Cambridge: Cambridge University Press, 2005), 1.
6
GA Res. 3314 (XXIX) of 14 Dec. 1974.
7
GA Res. 31/34 of 30 Nov. 1976. This resolution has been reaffirmed annually and ‘
Reaffirms
that the practice of using mercenaries against national liberation movements and sovereign States constitutes a criminal act and that the mercenaries themselves are criminals’ and calls for legislation to be enacted by states.
8
GA Res. 34/140 of 14 Dec. 1979.
9
GA Res. 35/48 of 4 Dec. 1980.
10
As of early 2006. The text is annexed to GA Res. 44/34 of 4 Dec. 1989.
11
See UN doc. A/53/338 of 4 Sep. 1998, 7.
12
See Wilfrid Burchett and Derek Roebuck,
The Whores of War: Mercenaries Today
(Harmondsworth: Penguin Books, 1977); Smith Hempstone,
Rebels, Dividends and Mercenaries: The Katanga Story
(New York: Frederick A. Praeger, 1962); Anthony Mockler,
The Mercenaries
(London: Macdonald, 1969); Anthony Mockler,
The New Mercenaries
(London: Sidgwick and Jackson, 1985); Peter Tickler,
The Modern Mercenary: Dog of War or Soldier of Honour
(Welling borough. Patrick Stephens, 1987).
13
S. A. G Clarke,
The Congo Mercenary: A History and Analysis
(Johannesburg: South African Institute of International Affairs, 1968), 4.
14
Ernest W. Lafever,
Uncertain Mandate: Politics of the UN Congo Operation
(Baltimore: Johns Hopkins University Press, 1967), 51.
15
Ibid., 53.
16
Mockler,
New Mercenaries
, 127 n.
17
Mockler,
Mercenaries
, 180–1.
18
For details see ibid., 182–91.
19
Letter dated 15 Mar. 1963 from Ralph Bunche to Mr. Jean Beck. UN Archive. Office for Special Political Affairs, UN Operation in the Congo (ONUC) Box S-0219–006-13.
20
Telephone interview with Brian Urquhart, 17 July 2003.
21
Tickler,
Modern Mercenary
, 26–7.
22
J. M. Lee,
African Armies and Civil Order
(London: Chatto and Windus, 1969), 6.
23
John de St Jorre,
The Nigerian Civil War
(London: Hodder and Stoughton, 1972), 312. See also Guy Arnold,
Mercenaries: The Scourge of the Third World
(London: Macmillan, 1999), 21; Mockler,
New Mercenaries
, 123.
24
De St Jorre,
Nigerian Civil War
, 313. There was one notable exception to this record of incompetence. Count Carl Gustav von Rosen, a Swede, lew planes for the Biafrans; however, his intense belief in the Biafran cause differentiates him from the other foreigners involved in the conflict. De St Jorre,
Nigerian Civil War
, 338; Mockler,
New Mercenaries
, 33–138.
25
Mockler,
New Mercenaries
, 172.
26
Ibid.
27
Burchett and Roebuck,
Whores of War
, 83. See also Gerry Thomas,
Mercenary Troops in Modern Africa
(Boulder, CO: Westview Press, 1984), xi.
28
Robert E. Cesner and John W. Brant, ‘Law of the Mercenary: An International Dilemma’,
Capital University Law Review
6 (1977), 346. The mercenaries Callan and McKenzie were charged with homicide, the other eleven with offences relating to mercenarism. All thirteen were found guilty; four were sentenced to death, including Callan and McKenzie, and executed, and nine were given prison sentences. Tickler,
Modern Mercenary
, 95.
29
Mike J. Hoover, ‘The Laws of War and the Angolan Trial of Mercenaries: Death to the Dogs of War’,
Case Western Reserve Journal of International Law
9 (1977), 338.
30
See Cesner and Brant, ‘Law of the Mercenary’, Hoover, ‘Laws of War’, George H. Lockwood, ‘Report on the Trial of Mercenaries: Luanda, Angola, June 1976,
Manitoba Law Journal
7 (1976). The resulting convention was the Luanda Draft Convention for the Prevention and Suppression of Mercenarism, the text of which can be found in Cesner and Brant, ‘Law of the Mercenary’, 29.
31
Mockler,
New Mercenaries
, 246.
32
Ibid., 253, 56.
33
In 2000, the
Guardian
exposed Denard’s latest exploit, the apparent takeover attempt of a nudist colony in the South of France. Jon Henley, ‘Dogs of War in Nudist Camp’,
Guardian
, 19 Aug. 2000.
34
Mockler,
New Mercenaries
, 297–309; Tickler,
Modern Mercenary
, 100–16.
35
UN doc. A/53/338 of 4 Sep. 1998, 6.
36
Ibid., 7.
37
UN doc. E/Cn.4/2004/15 of 24 Dec. 2003, 11.
38
Ibid.
39
SC Res. 161 of 21 Feb. 1961; SC Res. 169 of 24 Nov. 1961.
40
SC Res. 199 of 30 Dec. 1964.
41
SC Res. 226 of 14 Oct. 1966.
42
SC Res. 239 of 19 June 1967; SC Res. 241 of 15 Nov. 1967.
43
SC Res. 405 of 14 Apr. 1977.
44
Ibid.; and reiterated in SC Res. 419 of 24 Nov. 1977.
45
SC Res. 507 of 28 May 1982; and SC Res. 496 of 15 Dec. 1981 made similar condemnations and despatched a Committee of Inquiry to the Seychelles.
46
SC Res. 507 of 28 May 1982.
47
Jack Straw, the UK Foreign Secretary, decried the potential use of mercenaries and said it would threaten the peace process. Rebecca Allison, ‘Mercenary Warning for UK Firm,’
Guardian
, 2 Apr. 2003.
48
SC Res. 1479 of 13 May 2003. This resolution clearly refers to the Northbridge offer as well as the mercenaries already active in Côte d’Ivoire.
49
SC Res. 1607 of 21 June 2005. An earlier resolution, SC Res. 1478 of 6 May 2003, called upon member states to curb the movement of mercenaries and small arms fuelling the conflict in Liberia.
50
P. W. Singer, ‘War, Profits and the Vacuum of Law: Privatized Military Firms and International Law’,
Colombia Journal of Transnational Law
42, no. 2 (2004), 531. Moreover, it seems clear that neither PMCs nor PSCs fall under the definition of Article 47, which requires that mercenaries actively engage in hostilities (excluding most PSCs) and that the mercenary be a member of the armed forces of a party to the conflict. Even if companies wished to engage in hostilities, they could avoid Article 47 by enlisting in the armed forces of their employers, a tactic that was taken by Executive Outcomes in Sierra Leone.
51
See Timothy L. H. McCormack and Gerry J. Simpson, ‘The International Law Commission’s Draft Code of Crimes against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions’,
Criminal Law Forum
5, no. 1 (1994), for a draft of the code. Mercenaries were ultimately left out of the 1996 Draft Code submitted by the International Law Commission to the General Assembly, but their inclusion in the original draft still reflects hostility towards private force.