The United Nations’ perpetual paradox: Mandates, sovereignty, and the limits of global enforcement

“ The Charter of the United Nations expresses the noblest aspirations of man: abjuration of force in the settlement of disputes between states; the assurance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion; the safeguarding of international peace and security. ”

“ All the world now faces a test, and the United Nations a difficult and defining moment. Are Security Council resolutions to be honored and enforced, or cast aside without consequence? Will the United Nations serve the purpose of its founding, or will it be irrelevant? ”

“ For example: the New York legislature made an external compliance lately to a requisition of Congress; but do they not, at the same time, counteract their compliance by gratifying the local objects of the state, so as to defeat their concession? And this will ever be the case. Men always love power, and states will prefer their particular concerns to the general welfare; and as the states become large and important, will they not be less attentive to the general government? What, in process of time, will Virginia be? ”

“ The causes which have been specified produced at first only unequal and disproportionate degrees of compliance with the requisitions of the Union. The greater deficiencies of some States furnished the pretext of example and the temptation of interest to the complying, or to the least delinquent States. Why should we do more in proportion than those who are embarked with us in the same political voyage? Why should we consent to bear more than our proper share of the common burden? ”

“ The sovereignty of the Union is factitious, that of the states is natural, and derives its existence from its own simple influence, like the authority of a parent. The supreme power of the nation only affects a few of the chief interests of society; it represents an immense but remote country, and claims a feeling of patriotism which is vague and ill-defined; but the authority of the states controls every individual citizen at every hour and in all circumstances ”

“ It cannot be doubted that the spirit of the nation, the passions of the multitude, and the provincial prejudices of each State tend singularly to diminish the authority of a Federal authority thus constituted, and to facilitate the means of resistance to its mandates; but the comparative weakness of a restricted sovereignty is an evil inherent in the Federal system. In America, each State has fewer opportunities of resistance and fewer temptations to non-compliance ”

“ We meet in an hour of grief and challenge. Dag Hammarskjold is dead. But the United Nations lives. His tragedy is deep in our hearts, but the task for which he died is at the top of our agenda. A noble servant of peace is gone. But the quest for peace lies before us.
The problem is not the death of one man—the problem is the life of this organization. It will either grow to meet the challenges of our age, or it will be gone with the wind, without influence, without force, without respect. Were we to let it die, to enfeeble its vigor, to cripple its powers, we would condemn our future.
For in the development of this organization rests the only true alternative to war—and war appeals no longer as a rational alternative. ”

“ Demands that all parties and others concerned take all the necessary measures to ensure the safety of the personnel sent by the United Nations and of the members of the European Community Monitoring Mission;
Calls again upon the Yugoslav parties to cooperate fully with the Conference on Yugoslavia in its aim of reaching a political settlement consistent with the principles of the Conference on Security and Cooperation in Europe and reaffirms that the United Nations peace-keeping plan and its implementation is in no way intended to prejudge the terms of a political settlement ”

“ Emphasizing the need to ensure sustained and regular flow of goods and people through the Gaza crossings,
Recognizing the vital role played by UNRWA in providing humanitarian and economic assistance within Gaza,
Recalling that a lasting solution to the Israeli-Palestinian conflict can only be achieved by peaceful means,
Reaffirming the right of all States in the region to live in peace within secure and internationally recognized borders,
1. Stresses the urgency of and calls for an immediate, durable and fully respected ceasefire, leading to the full withdrawal of Israeli forces from Gaza ”

“ Demands that all parties ensure full, safe and unhindered access for the timely delivery of humanitarian aid to persons in need of assistance across Somalia, underlines its grave concern at the worsening humanitarian situation in Somalia, urges all parties and armed groups to take appropriate steps to ensure the safety and security of humanitarian personnel and supplies, and expresses its readiness to apply targeted sanctions against such individuals and entities if they meet the listing criteria set out in paragraph 1 (c) above ”

“ Urges all parties concerned in Somalia to faciliate the efforts of the United Nations, its specialized agencies and humanitarian organizations to provide urgent humanitarian assistance to the affected population in Somalia and reiterates its call for the full respect for the security and safety of the personnel of the humanitarian organizations and the guarantee of their complete freedom of movement in and around Mogadishu and other parts of Somalia ”

“ Calls upon all States to desist and refrain from actions aimed at the partial or total disruption of the national unity and territorial integrity of Ukraine, including any attempts to modify Ukraine’s borders through the threat or use of force or other unlawful means; Urges all parties to pursue immediately the peaceful resolution of the situation with respect to Ukraine through direct political dialogue, to exercise restraint, to refrain from unilateral actions and inflammatory rhetoric that may increase tensions and to engage fully with international mediation efforts ”

“ Reaffirms its commitment to the sovereignty, independence, unity and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters;
2. Deplores in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter;
3. Demands that the Russian Federation immediately cease its use of force against Ukraine and to refrain from any further unlawful threat or use of force against any Member State ”

“ Urges all parties involved in situations of armed conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians; Recalls that the deliberate targeting of civilians and other protected persons, and the commission of systematic, flagrant and widespread violations of international humanitarian and human rights law in situations of armed conflict may constitute a threat to international peace and security, and reaffirms in this regard its readiness to consider such situations and, where necessary, to adopt appropriate steps ”

“ Calls upon all States to continue international efforts to enhance dialogue and broaden understanding among civilizations, in an effort to prevent the indiscriminate targeting of different religions and cultures, and to take all measures as may be necessary and appropriate and in accordance with their obligations under international law to counter incitement of terrorist acts motivated by extremism and intolerance and to prevent the subversion of educational, cultural, and religious institutions by terrorists and their supporters ”

“ Convinced that endeavours by countries to promote regional disarmament, taking into account the specific characteristics of each region and in accordance with the principle of undiminished security at the lowest level of armaments, would enhance the security of all States and would thus contribute to international peace and security by reducing the risk of regional conflicts,
1. Stresses that sustained efforts are needed, within the framework of the Conference on Disarmament and under the umbrella of the United Nations, to make progress on the entire range of disarmament issues ”

“ The activities of States in the exploration and use of outer space shall be carried on in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co-operation and understanding. ”

“ Affirms that the United Nations should play a central role in supporting the efforts of the Afghan people to establish urgently such a new and transitional administration leading to the formation of a new government and, expresses its full support for the Secretary-General’s Special Representative in the accomplishment of his mandate, and calls on Afghans, both within Afghanistan and among the Afghan diaspora, and Member States to cooperate with him ”

“ Urges all parties and others concerned to make further efforts to maximize their contributions towards offsetting the costs of UNPROFOR, in order to help secure the most efficient and cost-effective operation possible;
Further urges all parties and others concerned to take all action necessary to ensure complete freedom of aerial movement for UNPROFOR;
Calls upon all parties and others concerned not to resort to violence, particularly in any area where UNPROFOR is to be based or deployed ”

“ Encourages the Government of Lebanon to continue efforts to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces, stresses the importance of the Government of Lebanon continuing to extend these measures and calls on the Government of Lebanon to do its utmost to ensure a calm environment throughout the south, including along the Blue Line;
5. Calls on the parties to ensure UNIFIL is accorded full freedom of movement in the discharge of its mandate throughout its area of operation as outlined in the Secretary-General’s report ”

“ Calls upon all political parties in Nepal to expedite the peace process, and to work together in a spirit of cooperation, consensus and compromise in order to continue the transition to a durable long-term solution to enable the country to move to a peaceful, democratic and more prosperous future;
6. Requests the parties in Nepal to take the necessary steps to promote the safety, security and freedom of movement of UNMIN and associated personnel in executing the tasks defined in the mandate ”

“ Urges all concerned parties to abide scrupulously by their obligation to respect the safety of UNIFIL and other United Nations personnel, and avoid any course of action which might endanger United Nations personnel, and calls on them to allow the Force to resupply its positions, conduct search and rescue operations on behalf of its personnel and undertake any other measures the Force deems necessary to ensure the safety of its personnel ”

“ The effect of the ordinary requisitions of Congress had only displayed the inefficiency of the authority making them, none of the states having duly complied with them, some having failed altogether, or nearly so, while in one instance, that of New Jersey, [3] a compliance was expressly refused; nor was more yielded to the expostulations of members of Congress, deputed to her legislature, than a mere repeal of the law, without a compliance. ”

“ The necessity of a general government proceeds from the propensity of the states to pursue their particular interests, in opposition to the general interest. This propensity will continue to disturb the system unless effectually controlled. Nothing short of a negative on their laws will control it. They will pass laws which will accomplish their injurious objects before they can be repealed by the general legislature, or set aside by the national tribunals. Confidence cannot be put in the state tribunals as guardians of the national authority and interests. ”

“ Recommends that the function of the Force should be, in the interest of preserving international peace and security, to use its best efforts to prevent a recurrence of fighting and, as necessary, to contribute to the maintenance and restoration of law and order and a return to normal conditions;
6. Recommends that the stationing of the Force shall be for a period of three months, all costs pertaining to it being met, in a manner to be agreed upon by them, by the Governments providing the contingents and by the Government of Cyprus. ”

“ Encourages UNMIL and the Government of Liberia to continue to make progress in the transition planning process, especially towards conducting a comprehensive situational assessment and identifying critical gaps that need to be filled in order to facilitate a successful transition, and requests that the Secretary-General draw up, in coordination with the Government of Liberia, a joint transition plan on the transfer of responsibility for internal security from UNMIL to the appropriate national authorities and brief regularly on its progress and if applicable its implementation ”

“ Calls on the donor community to continue to be firmly committed to the provision of the urgent assistance needed for the integration, training and equipping of the Armed Forces and of the National Police of the Democratic Republic of the Congo as well as for the reform of the administration of justice and urges the Government and its partners, in particular the European Union, to agree promptly on ways to coordinate their efforts and to carry out security sector reform by building on the results already achieved ”

“ Emphasizes that the development of the administrative capacities of the Government of Sierra Leone, particularly an effective and sustainable police force, army, penal system and independent judiciary, is essential to long-term peace and development, and urges the Government of Sierra Leone, with the assistance of donors and UNAMSIL, in accordance with its mandate, to accelerate the consolidation of civil authority and public services throughout the country, and to continue to strengthen the operational effectiveness and capabilities of the security sector ”

“ Urges the Transitional authorities of Mali, the Malian rebel groups and legitimate representatives of the local population in the north of Mali, to engage, as soon as possible, in a credible negotiation process in order to seek a sustainable political solution, mindful of the sovereignty, unity and territorial integrity of Mali and requests the Secretary-General, as well as neighbouring countries, countries of the region, international and regional organizations and other bilateral partners, to support this Malian political process ”

“ Nothing can be clearer than that, under such a system, the federal government, exercising strictly delegated powers, can have no right to act beyond the pale of its authority, and that all such acts are void. A state, on the contrary, retaining all powers not expressly given away, may lawfully act in all cases where she has not voluntarily imposed restrictions on herself. Here, then, is a case of a compact between sovereigns; and the question arises, what is the remedy for a clear violation of its express terms by one of the parties? ”

“ It adds to the stability and dignity, as well as to the authority, of the Constitution, that it rests on this legitimate and solid foundation. The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity that there can be no tribunal, above their authority, to decide, in the last resort, whether the compact made by them be violated; and consequently, that, as the parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition. ”

“ I would not be understood that I would not wish to have an efficient government for the United States. I am sensible that laws operating on individuals cannot be carried on against states; because, if they do not comply with the general laws of the Union, there is no way to compel a compliance but force. ”

“ When the rights reserved by the constitution to the different states are deliberately violated, it is the duty and the right of those states to interfere, in order to check the progress of the evil, to resist usurpation, and to maintain, within their respective limits, those powers and privileges which belong to them as independent sovereign states. ”

“ Is there no danger, when you go in, that the bolts of federal authority shall shut you in? Human nature never will part from power. Look for an example of a voluntary relinquishment of power, from one end of the globe to another: you will find none. ”

“ From the circumstances already explained, and many others which might be mentioned, results a complicated, irresistible check, which must ever support the existence and importance of the state governments. The danger, if any exists, flows from an opposite source. The probable evil is, that the general government will be too dependent on the state legislatures, too much governed by their prejudices, and too obsequious to their humors; that the states, with every power in their hands, will make encroachments on the national authority, till the Union is weakened and dissolved. ”

“ The people had a right to prohibit to the states the exercise of any powers which were, in their judgment, incompatible with the objects of the general compact; to make the powers of the state governments, in given cases, subordinate to those of the nation ”