Preventive Action for Refugee Producing Situations

148 Chapter 4
LIE in the case of Korea and of Dag HAMMARSKJOLD in the case of the
Congo. Trygve LIE committed his prestige and his influence in the operation
(essentially handled by the USA) of which he completely lost control. The
developments in the Congo appeared to rest totally on the shoulders of Dag
HAMMARSKJOLD. These two cases are dangerous for the tasks of the
Secretary-General. In fact, Article 99 offers the same prerogatives as those of
Article 11(2) 343 and of Article 35 344 , but that the Secretary General has not the
same means as does the General Assembly or Member States.
In his last annual report, the Secretary General reiterated that the so far
insufficient development of preventive capacity of the Secretariat has always
limited the recours to Article 99, particularly in its anticipatory aspect. 345
Our research shows that Secretaries-General have rarely invoked Article
99, except, for example, explicitly in relation to the Congo, (1960) and several
times implicitly, including Korea, 1950; Laos, 1961; Pakistan 1971; Vietnam,
1972; Lebanon, 1976 and 1978; Iran/Iraq, 1980. 346 The nature of the UN
mandate for conflict prevention is
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343 The General Assembly may discuss any questions relating to the maintenance of
international peace and security brought before it by any Member of the United
Nations, or by the Security Council, or by a state which is not a Member of the
United Nations.
344 Any Member of the United Nations may bring any dispute, or any situation that
could endanger the maintenance of international peace and security to the attention
of the Security Council or the General Assembly.
345 lavier Perez de Cuellar; "Rapport du Secretaire General sur l'Activite de
reorganisation", 1991, DPI/1168 - 40924- September 1991, p. 10.
346 Congo: On 13 July 1960, Dag Hammarskjold requested the Security Council for an
urgent meeting on the basis of Article 99 by letter (S/4381,13 July 1960). The
resolutions of the Security Council of 14 July (S/4387) and 22 July 1960 (S/4405)
were passed on the basis of an initiative under Article 99. Repertory of Practice of
United Nations organs Suppl. 3, Vol. IV, Articles 92-11 of the Charter, United
Nations New York, 1973. See also Jean-Pierre Cot and Alain Pellet, La Charte des
Nations Unies, Commentaire article par article, Economica, Bruylant; pp. 1319,
1320.
Korea: On 25 June 1950, Trygve Lie requested the president of the Security
Council for an urgent meeting transmitting a communication of the USA
concerning an act of aggression upon the Republic of Korea (S/1495). In his
memoires, Trygve Lie stated to have invoked Article 99, this was not used "ä la
lettre" cf. Memoires of Trygve Lie, Au Service de la Paix, Paris, Gallimard, 1957,
pp. 371-373. See also Cot/Pellet, pp. 1319.
Laos: On 5 September 1961, Dag Hammarskjold, requested the President of the
New Approaches and Policies 149
universal and any situations that could endanger international peace and
security could be put on the agenda.
b) What efforts have been made to delineate and communicate in advance
the type of behavior that will not be tolerated by the United Nations?
Through the statement of the President of the Security Council of 31
January 1992 (S/23500) the members of the Council reiterated their
concern about the humanitarian situation of the innocent civilian
population in Iraq. With a view to achieve a more effective role of the UN,
the Security Council in this statement invited the Secretary-General to
prepare his "analysis and recommendations on ways of strengthening and
making more effective within the framework of the Charter the capacity of
the UN". 347
The Report of the Secretary-General on Preventive Diplomacy,
Peacemaking and Peace-keeping, which was published in mid- 1992,
provides the relevant details on this analysis. 348
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Security Council to convene an urgent meeting outside the framework of Article 99,
on Laos. Repertory of Practice of the UN Organs, Vol. IV, pp. 161-162.
Pakistan: On 20 July 1971, U Thant submitted a memorandum (S/10410) to the
President of the Security Council regarding developments in East Pakistan and the
adjacent Indian State and their consequences. With respect to "possible
consequences of the present situation, not only in the humanitarian sense, but also as
a potential threat to peace and security". Repertory of Practice of the Un Organs,
Vol. V, pp. 134.
Vietnam: On 11 May 1971, Kurt Waldheim transmitted a memorandum to the
President of the Security Council in which he suggested that the members of the
Council in which he suggested that the members of the Council consult with each
other and examine actively which measures could be taken to put an end to the war.
Cot/Pellet, pp. 1321.
Lebanon: On 30 March 1976 and 16 March 1978, Kurt Waldheim drew the
attention of the Security Council to the serious situation, while transmitting
communications he had received and offering his good offices. Cot/pellet pp. 1321.
Iran/Iraq: On 25 September 1980, Kurt Waldheim directed a letter to the President
of the Security Council expressing the opinion that the conflict between Iran and
Iraq was undoubtedly a threat to peace and security and that the Security Council
should examine it urgently. Cot/Pellet, pp. 1321,1322.
347 UN.doc. S/23500,31 January 1992, pp. 3,4,5.
348 Boutros Boutros-Ghali, "An Agenda for Peace", Report of the Secretary-General
pursuant to the statement adopted by the Summit Meeting of the Security Council