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AuthorSimmonds, R. author
TitleLegal Problems Arising from the United Nations Military Operations in the Congo [electronic resource] / by R. Simmonds
ImprintDordrecht : Springer Netherlands, 1968
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Descript 356 p. online resource


Few episodes in recent history have aroused as much controversy as the United Nations military operations in the Congo. This controversy has no simple, straight-forward, and uniform explanation. Part of the explanation is to be found in the successes and failure of the operation itself; part in its labyrinthine international ramifications. But the most important explanation lies in its significance as a precedent. The ability of the Organization to take "collective measures" to maintain law and order within the territory of a Member State, albeit as a means of preserving international peace, was demonstrated, challenged and criticized. So much has been reported of the details and so varied has been the commentary that only the most intrepid spirit would venture something more with which to detain interested parties. The present study does not pretend to uncover new data so as to complete or correct the hisยญ torical record; it attempts, rather, to reflect on what has already been brought out and, against that background of factual knowledge, to indiยญ cate and examine the legal problems involved. In so doing, it has been necessary to be ruthless in deciding what are central issues and in reยญ jecting what is often interesting but probably peripheral


I: The Precedents for United Nations Military Operations -- 1. The UN Action in Korea -- 2. United Nations Truce Supervision Organisation in Palestine (UNTSO) -- 3. United Nations Observation Group in Lebanon (UNOGIL) -- 4. United Nations Emergency Force in the Middle East (UNEF) -- 5. Conclusions -- II: The Historical Background to the Congo Situation -- 1. Historical background of Belgian administration -- 2. Events leading to independence -- 3. Independence and the breakdown of public order -- III: The Factual Context within Which the Basic Resolutions of the Security Council and General Assembly were Made -- 1. The First Phase: 12 July 1960โ{128}{147}31 December 1960 -- 2. The Second Phase: 1 January 1961โ{128}{147}31 January 1963 -- IV: Constitutional Basis and Effect of the Resolutions Made -- 1. Action by the Security Council โ{128}{148} Creation of ONUC -- 2. The Resolutions of the General Assembly -- 3. The role of the Secretary-General under the Charter generally and the specific resolutions -- V: The Functions of ONUC -- 1. To assist the Congolese Government in the restoration and maintenance of law and order -- 2. To assist the Government in restoring and maintaining the territorial integrity and the political independence of the Republic of the Congo -- 3. To prevent the occurrence of civil war in the Congo -- 4. To secure the withdrawal and evacuation from the Congo of all foreign military, para-military and advisory personnel, not under the United Nations Command, and all mercenaries -- VI: The Principles Applied by the Secretary-General to the Operations of the Force -- 1. The Principle of Non-Intervention -- 2. The Principle of Self-Defence -- 3. The Right to Freedom of movement -- VII: Operational Problems Connected with the UN Force -- 1. Methods of raising the Force -- 2. Relations between UN and Contributing States -- 3. Command Structure -- 4. Strategic and political control -- 5. Applicability of the Laws of War -- VIII: Relations between the UN and the โ{128}{156}Hostโ{128}{157} State -- 1. Exclusiveness of UN authority over the Force -- 2. Status of Forces Agreements -- 3. Relations between the UN and Provincial Authorities -- IX: Relations between the UN and Member States Generally -- 1. Expulsion of foreign military, para-military personnel, political advisers and mercenaries -- 2. Unilateral assistance outside UN -- 3. Use of territories -- 4. Economic โ{128}{156}Sanctionsโ{128}{157} -- X: Claims and Responsibility -- 1. Civil Claims -- 2. Criminal Responsibility -- XI: Civilian Relief Operations -- XII: Financing -- 1. The Budget Procedure -- 2. Apportionment of Expenses generally -- 3. Sources of Funds -- 4. Practice followed in relation to ONUC -- 5. Default of payment and the problem of arrears -- 6. Submission of the Finance Question to the I.C.J. -- 7. The Courtโ{128}{153}s Opinion on the Finance Question -- 8. The question of Suspension -- 9. New Sources of Funds -- XIII: Conclusions -- I. A โ{128}{156}Basic Agreementโ{128}{157} between the United Nations and the Congolese Government on the Operation of the Force -- II. Agreement between the United Nations and the Republic of the Congo Relating to the Legal Status, Facilities, Privileges and Immunities of the United Nations Organization in the Congo -- III. Charter of the United Nations and Statute of the International Court of Justice

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