How are the legals foundations of peace-keeping from those of peace-enforcement ?

How are the legals foundations of peace-keeping different from those of peace-enforcement?

Established in 1945, the organization of the United Nations is a universal cooperation structure composed of 193 Sovereign States where world leaders meet, take measures to preserve, restore peace and international security, cultivate friendship between nations, promote social progress as well as the rise of living standards and the advancement of human rights. It has six main organs which are : the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the General Secretariat. In order to reach its main goal which is to maintain international peace and security, the UN has established in its Charter a collective security system.

Unfortunately it brutaly faced the political and ideological realities characterized by East-West antagonism. To overcome the paralysis that resulted, the United Nations, through its Security Council invented in 1956, during the Suez crisis, for peace-keeping operations, specifically known as the "blue helmet" with the aim not to suppress the author of an unlawful act, to intervene to find a negotiated solution.

The peace-keeping mission is the prevention of conflict. The force deployed is generally present for :

- Observe a cease-fire and troop movements

- Undertake disarmament, demobilization, reintegration and repatriation

- Support for humanitarian operations

- Support a peace process

- Give assistance in the field of human rights

- Ensure public order

It generally does not offensive vocation and should not open fire except in self-defense. These missions are generally not sufficient to establish a firm and lasting peace.

An operation mandated may receive a more intrusive mission, then we talk about restoring peace missions (peace-making) or peace-enforcement. After the failures of the missions in Somalia (UNOSOM) and the former Yugoslavia (UNPROFOR), the Security Council preferred to use the phenomenon of the permit or authorization, which allows Member States to intervene, since their troops are better equipped, and more capable militarily restoring peace.

Furthermore, the United Nations will devote more to building missions, or peace-making, an action that supports structures that will strengthen and consolidate peace, the peace agenda is referred to as "peace-building ".

In order to understand the difference between the peace-keeping and the peace-enforcement, an analysis of the cases of ground interventions in Rwanda and in Iraq is mandatory to be made.

The cause of the war in Rwanda was ethnic, racial, political and territorial. And another great cause is poor governance. Indeed, troops were present but they had received no authorization to intervene.

On April 6th, 1994, genocide is triggered by the death of President Habyarimana. It was followed by a campaign of targeted assassinations, targeting moderate Hutu personalities and simple Tutsi citizens. UN forces (peacekeepers) were scattered throughout the country but lacked ammunition and manpower and were struggling in Kigali but neither General Dallaire nor his deputy Luc Marchal had considered the possibility to come to their help.

The massacres began and many bodies have already picked

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