Abstract
The United Nations is the most productive international organization in resolving international world conflicts. The UN uses different techniques and approaches to resolve international conflicts, including mediation. This study analyzes the process of mediation and international conflict management from the point of view of UN efforts among nations conflict, which has been ongoing since 1975.
This study specifically focuses on the UN’s role in resolving intercultural conflict in Western Sahara and the concrete steps it has taken, such as implementation of the cease-fire, the Settlement Plan and establishing the Mission for an independence referendum in Western Sahara (MINURSO). It also examines on the negotiation process of the UN, and leaders of the countries involved in the conflict. Moreover, this research considers how the UN has taken into consideration questions of culture and ethnicity when resolving intercultural conflict.
The study is based on qualitative content analysis of documents such as resolutions and reports published by different UN bodies. Over 200 documents from the years 1991, 1997, and 2016 were retrieved from the UN Official Document System for this research.
The results of this research illustrate that UN mediation, in attempting to resolve the conflict in Western Sahara, helped establish a cease-fire between Morocco and Frente Polisario and the implementation of the Settlement Plan. Nevertheless, this strategy of peaceful negotiation and communication has not yet achieved the main goal of holding an independence referendum in Western Sahara.
CHAPTER ONE
INTRODUCTION
There are many international conflicts in the world. Such conflicts usually exist between nations, states or peoples. International conflicts can lead to harmful consequences, such as war, or political and economic instability. To prevent those consequences and resolve a conflict peacefully, many peace movements emerge and a multitude of international organizations are established. To settle a conflict peacefully, warring parties can try to negotiate and reach an agreement which will be beneficial for all of them. Nevertheless, in some cases, conflicts cannot be resolved by state negotiations and they need external intervention from some international organization, such as the United Nations, International NGOs or the Peace Corps. These kinds of interventions are called mediations. Mediation is a kind of conflict-management method which helps states when their negotiations reach a deadlock. Mediators can employ military, political or economic interventions in ongoing or frozen conflicts (Bercovitch & Fretter, 2004).
This study analyzes the process of mediation and international conflict management from the point of view of United Nations (“UN”) efforts among nations conflict, which has been ongoing since 1975. Among other goals, the UN has been created to support peaceful and stable communication among countries. International conflicts prevent and restrain the development of a stable and secure international environment in a globalized world. Therefore, researching international conflicts can help provide a better understanding of the process of conflict and conflict resolution within a global context.
The concept of mediation offers an interesting insight into conflict management.
Previous studies show mediation has been one of the most popular approaches to conflict management in conflict resolution (Wallensteen, 2002). It is interesting to concentrate on mediation as previous studies have shown this conflict-management approach is the most effective method in intercultural conflict resolution. Moreover, previous research in the field of international conflict management shows that the UN is the most productive international organization in resolving international world conflicts (Wallensteen, 2002).
Since the end of the Cold War, the UN has been an objective international actor that takes part in building peace and conflict resolution, using different techniques, tools and approaches (Wallensteen, 2002). The UN sustains various peacekeeping operations all over the world. The cost of such efforts has significantly increased since the 1980s, when the budget for peacekeeping operations was about 300 million US dollars. Compared to the later costs of peacekeeping operations in Cambodia (1991-93) and Somalia (1992-95) the financial costs of the peacekeeping operations was already 1.6 billion US dollars for each country (Rabi, 2010).
International law serves as a foundational framework governing the interactions between sovereign states, aiming to promote peace, security, and cooperation on a global scale. Established through treaties, conventions, and customary practices, international law provides mechanisms for the peaceful resolution of disputes and the prevention of conflicts. The aftermath of World War II marked a significant evolution in international legal structures, notably with the establishment of the United Nations (UN) in 1945. The UN Charter explicitly prohibits the use of force in international relations, except in instances of self-defense or when authorized by the UN Security Council, underscoring a collective commitment to conflict prevention and resolution.
Central to international law's role in conflict resolution are various legal instruments and institutions designed to address disputes amicably. The International Court of Justice (ICJ), as the principal judicial organ of the UN, adjudicates legal disputes between states, offering binding decisions that contribute to the maintenance of international peace and security. Additionally, the Geneva Conventions of 1949 and their Additional Protocols set comprehensive standards for humanitarian treatment during armed conflicts, aiming to mitigate the suffering caused by war.
Despite these frameworks, the effectiveness of international law in resolving conflicts has been a subject of ongoing debate. Instances such as the conflicts in Gaza and Ukraine have highlighted challenges in enforcing international legal norms, with violations often occurring despite established laws prohibiting aggression and protecting human rights. Furthermore, geopolitical divisions within international bodies, such as the UN Security Council, have sometimes impeded decisive action, raising concerns about the rule of law's integrity on the global stage.
The principle of the Responsibility to Protect (R2P), endorsed by UN member states in 2005, reflects an evolving understanding of sovereignty, emphasizing that states have an obligation to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. When states fail to fulfill this duty, the international community is called upon to intervene collectively. This principle underscores the dynamic nature of international law in addressing contemporary challenges in conflict resolution.
In Africa, efforts to recover from war and establish stability have involved transitional justice mechanisms aimed at accountability, truth-telling, reparations, and reconciliation. The International Criminal Court (ICC) has played a critical role in bringing perpetrators to justice, as seen in cases like Northern Uganda. However, challenges such as state sovereignty and political interests have sometimes hindered the effectiveness of these legal instruments.
This study seeks to critically examine the role of international law in conflict resolution among nations, evaluating its effectiveness, identifying challenges, and exploring opportunities for enhancing its application in fostering global peace and security.
1.2 Statement of the Problem
The persistent occurrence of international conflicts, despite the existence of comprehensive legal frameworks, raises critical questions about the efficacy of international law in preventing and resolving disputes among nations. Notable instances, such as the conflicts in Gaza and Ukraine, have exposed significant limitations in the enforcement of international legal norms, with violations often proceeding unchecked. Furthermore, geopolitical divisions within key international bodies, particularly the UN Security Council, have frequently resulted in paralysis, undermining collective efforts to address breaches of international law.
The principle of state sovereignty presents an inherent tension within the international legal system. While sovereignty is a cornerstone of international relations, it can impede external interventions aimed at conflict resolution, especially when such interventions are perceived as infringements on national autonomy. This tension is exemplified by the challenges faced in implementing the Responsibility to Protect (R2P) doctrine, where the international community's duty to intervene in cases of mass atrocities often clashes with the principle of non-interference.
Moreover, the selective application and inconsistent enforcement of international law have led to perceptions of bias and double standards, further eroding its legitimacy. Powerful states may evade accountability due to political considerations, while weaker states are subjected to stringent scrutiny, highlighting the asymmetrical nature of international legal enforcement.
This study aims to address these issues by critically analyzing the effectiveness of international law in conflict resolution, identifying the structural and political challenges that hinder its application, and proposing strategies to enhance its role in promoting global peace and security.
1.3 Research Objectives
1. To evaluate the effectiveness of international legal frameworks and institutions in resolving conflicts between nations.
2. To identify the primary challenges hindering the enforcement and application of international law in conflict resolution.
3. To explore potential reforms and strategies to strengthen the role of international law in promoting global peace and security.
1.4 Significance of the Study
This study holds substantial significance in the realm of international relations and legal studies, offering insights that are both academically enriching and practically applicable.
Advancing Academic Discourse:
By providing a critical analysis of the effectiveness and limitations of international law in conflict resolution, this research contributes to the broader academic discourse on international relations, law, and diplomacy. It offers a nuanced understanding of how legal frameworks operate in real-world scenarios, bridging the gap between theoretical constructs and practical applications.
Informing Policy Formulation:
The findings of this study can inform policymakers and international bodies in crafting more effective strategies for conflict prevention and resolution. By identifying the shortcomings of current legal mechanisms and proposing viable reforms, the research offers a roadmap for enhancing the efficacy of international law in maintaining global peace and security.
Enhancing Institutional Effectiveness
International institutions, such as the United Nations and the International Court of Justice, can benefit from the insights provided by this study. Understanding the challenges these institutions face in enforcing international law can lead to the development of more robust mechanisms and processes, thereby strengthening their capacity to manage and resolve conflicts.
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