The majority of the later United Nations Missions have operated ‘intra-state’ and seemingly in violation of the principle of the the domestic jurisdiction of states.
What is the legal basis of United Nations peacekeeping operations?
By Cleophas Tsokodayi,
One of the most prominent activities of the United Nations is its peacekeeping operations; or in some cases, lack of them. In fact, the term ‘peacekeeping operations’, is now synonymous with the United Nations, and yet the United Nations Charter does not mention, even once, the phrase ‘peacekeeping operations’.
Since the founding Members were just emerging from World War II, the enforcement measures mentioned in the Charter referred to war between states, more specifically against ‘aggressors’.
Hence the reference in Article 39 to the Security Council having powers to ‘determine the existence of any threat to the peace, breach of the peace, or act of aggression’ should be understood in this context as intended to refer to inter-state conflict or war.
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