Author | Simmonds, R. author |
---|---|
Title | Legal Problems Arising from the United Nations Military Operations in the Congo [electronic resource] / by R. Simmonds |
Imprint | Dordrecht : Springer Netherlands, 1968 |
Connect to | http://dx.doi.org/10.1007/978-94-011-9267-5 |
Descript | 356 p. online resource |
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 1960โ31 December 1960 -- 2. The Second Phase: 1 January 1961โ31 January 1963 -- IV: Constitutional Basis and Effect of the Resolutions Made -- 1. Action by the Security Council โ 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 โHostโ 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 โSanctionsโ -- 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 Courtโs Opinion on the Finance Question -- 8. The question of Suspension -- 9. New Sources of Funds -- XIII: Conclusions -- I. A โBasic Agreementโ 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