SIPRI02Findlay

426 THE US E OF F OR C E IN UN P EAC E OP ER ATIONS

Rule No. 1.9 Rule No. 3.4

Use of force, excluding deadly force, to pre- Carriage of loaded personal weapons is auth-

vent the escape of any detained person, orised.

pending hand-over to appropriate civilian Rule No. 3.5
authorities, is authorised.

Hand-held support weapons, such as machine

Rule No. 1.10 guns, light mortars and hand-held anti-tank

Use of force, up to, and including deadly weapons, may be carried in UN vehicles, but

force, against any person and/or group that must be obscured from the public’s view.

limits or intends to limit freedom of movement Rule No. 3.6
is authorised. When and where possible, per-
mission to use force should be sought from the Overt carriage by individuals of hand-held
immediate superior commander. support weapons, such as machine guns, light
mortars and hand-held anti-tank weapons, is

Rule 2. Use of weapon systems authorised.

Rule No. 2.1 Rule 4. Authority to detain, search and

Use of explosives in order to destroy weapons/ disarm

ammunition, mines and unexploded ordnance, Rule No. 4.1
in the course of the disarmament exercise, is
Detention of individuals or groups who com-
authorised.
mit a hostile act or demonstrate a hostile intent

Rule No. 2.2 against oneself, one’s unit or United Nations

Indiscriminate pointing of weapons in the personnel is authorised.

direction of any person is prohibited. Rule No. 4.24

Rule No. 2.3 Detention of individuals or groups who com-
Firing of all weapons other than for organised mit a hostile act or demonstrate a hostile intent
training and as authorised in these ROE, is against other international personnel is
prohibited. authorised.

Rule No. 2.4 Rule No. 4.35
Firing of warning shots is authorised.
Detention of individuals or groups who com-
Rule No. 2.5 mit a hostile act or demonstrate hostile intent
Use of riot control equipment is authorised. against installations and areas or goods desig-
nated by the Head of the Mission in con-
Rule No. 2.6 sultation with the Force Commander, is auth-
orised.

Use of lasers for survey, range-finding and Rule No. 4.4
targeting is authorised.

Searching, including of detained person(s), for

Rule 3. Authority to carry weapons weapons, ammunition and explosives is
authorised.
Rule No. 3.1
Carriage of weapons is not authorised. Rule No. 4.5
Rule No. 3.2 Disarming individuals, when so directed by
the Force Commander, is authorised.

Carriage of unloaded personal weapons, whilst

on duty, is authorised.

Rule No. 3.3 4 This Rule can only be included in addition to

Carriage of unloaded personal weapons, both Rule 4.3 if consistent with the mandate of the
on duty and as designated by the Force Com-
mander, is authorised. UNPKO.
5 Idem.

AP P ENDIC ES 427

Rule 5. Reaction to civil action/unrest

Rule No. 5.1
Action to counter civil unrest is not authorised.

Rule No. 5.2
When competent local authorities are not in a
position to render immediate assistance, deten-
tion of any person who creates or threatens to
create civil unrest with likely serious con-
sequences for life and property is authorised.

Source: United Nations, Guidelines for the
development of ROE for UNPKO, UN
document MD/FGS/0220.0001, May 2002,
Attachment 1.

Appendix 4. The Charter of the United Nations

The Charter of the United dispute, the obligations of pacific settlement
Nations provided in the present Charter.

Signed at San Francisco, California, 3. The proceedings of the General
26 June 1945 Assembly in respect of matters brought to its
attention under this Article will be subject to
Excerpts the provisions of Articles 11 and 12.

1. Chapter VI Article 36

Pacific settlement of disputes 1. The Security Council may, at any stage of

a dispute of the nature referred to in Article 33

Article 33 or of a situation of like nature, recommend

appropriate procedures or methods of adjust-
The parties to any dispute, the continuance of ment.
which is likely to endanger the maintenance of 2. The Security Council should take into
international peace and security, shall, first of consideration any procedures for the settle-
all, seek a solution by negotiation, enquiry, ment of the dispute which have already been
mediation, conciliation, arbitration, judicial adopted by the parties.
settlement, resort to regional agencies or 3. In making recommendations under this
arrangements, or other peaceful means of their Article the Security Council should also take
own choice.
into consideration that legal disputes should
2. The Security Council shall, when it as a general rule be referred by the parties to
deems necessary, call upon the parties to settle the International Court of Justice in accor-
their dispute by such means.
dance with the provisions of the Statute of the

Court.

Article 34

The Security Council may investigate any dis- Article 37

pute, or any situation which might lead to 1. Should the parties to a dispute of the
international friction or give rise to a dispute, nature referred to in Article 33 fail to settle it
in order to determine whether the continuance by the means indicated in that Article, they
of the dispute or situation is likely to endanger shall refer it to the Security Council.
the maintenance of international peace and 2. If the Security Council deems that the
security.
continuance of the dispute is in fact likely to

endanger the maintenance of international

Article 35 peace and security, it shall decide whether to

take action under Article 36 or to recommend
1. Any Member of the United Nations may such terms of settlement as it may consider
bring any dispute, or any situation of the appropriate.
nature referred to in Article 34, to the attention

of the Security Council or of the General Article 38
Assembly.

2. A state which is not a Member of the Without prejudice to the provisions of Articles

United Nations may bring to the attention of 33 to 37, the Security Council may, if all the

the Security Council or of the General parties to any dispute so request, make recom-

Assembly any dispute to which it is a party if mendations to the parties with a view to a

it accepts in advance, for the purposes of the pacific settlement of the dispute.

AP P ENDIC ES 429

2. Chapter VII Article 43

Action with respect to threats to the peace, 1. All Members of the United Nations, in
breaches of the peace, and acts of order to contribute to the maintenance of inter-
aggression national peace and security, undertake to make

Article 39 available to the Security Council, on its call
and in accordance with a special agreement or

The Security Council shall determine the agreements, armed forces, assistance, and

existence of any threat to the peace, breach of facilities, including rights of passage, neces-

the peace, or act of aggression and shall make sary for the purpose of maintaining inter-

recommendations, or decide what measures national peace and security.

shall be taken in accordance with Articles 41 2. Such agreement or agreements shall

and 42, to maintain or restore international govern the numbers and types of forces, their

peace and security. degree of readiness and general location, and

the nature of the facilities and assistance to be

Article 40 provided.

In order to prevent an aggravation of the situa- 3. The agreement or agreements shall be
tion, the Security Council may, before making negotiated as soon as possible on the initiative
the recommendations or deciding upon the of the Security Council. They shall be con-
measures provided for in Article 39, call upon cluded between the Security Council and
the parties concerned to comply with such Members or between the Security Council and
provisional measures as it deems necessary or groups of Members and shall be subject to
desirable. Such provisional measures shall be ratification by the signatory states in accor-
without prejudice to the rights, claims, or dance with their respective constitutional
position of the parties concerned. The Security processes.

Council shall duly take account of failure to

comply with such provisional measures. Article 44

Article 41 When the Security Council has decided to use

force it shall, before calling upon a Member
The Security Council may decide what mea- not represented on it to provide armed forces
sures not involving the use of armed force are in fulfilment of the obligations assumed under
to be employed to give effect to its decisions, Article 43, invite that Member, if the Member
and it may call upon the Members of the so desires, to participate in the decisions of the
United Nations to apply such measures. These Security Council concerning the employ-
may include complete or partial interruption of ment of contingents of that Member’s armed
economic relations and of rail, sea, air, postal, forces.
telegraphic, radio, and other means of com-

munication, and the severance of diplomatic Article 45
relations.

Article 42 In order to enable the United Nations to take
urgent military measures, Members shall hold

Should the Security Council consider that immediately available national air-force con-

measures provided for in Article 41 would be tingents for combined international enforce-

inadequate or have proved to be inadequate, it ment action. The strength and degree of readi-

may take such action by air, sea, or land forces ness of these contingents and plans for their

as may be necessary to maintain or restore combined action shall be determined within

international peace and security. Such action the limits laid down in the special agreement

may include demonstrations, blockade, and or agreements referred to in Article 43, by the

other operations by air, sea, or land forces of Security Council with the assistance of the

Members of the United Nations. Military Staff Committee.

430 THE US E OF F OR C E IN UN P EAC E OP ER ATIONS

Article 46 Article 50

Plans for the application of armed force shall
be made by the Security Council with the If preventive or enforcement measures against
any state are taken by the Security Council,
assistance of the Military Staff Committee.
any other state, whether a Member of the

Article 47 United Nations or not, which finds itself con-

1. There shall be established a Military Staff fronted with special economic problems aris-
Committee to advise and assist the Security ing from the carrying out of those measures
Council on all questions relating to the shall have the right to consult the Security
Security Council’s military requirements for Council with regard to a solution of those
the maintenance of international peace and problems.

security, the employment and command of Article 51
forces placed at its disposal, the regulation of
Nothing in the present Charter shall impair the
armaments, and possible disarmament.
2. The Military Staff Committee shall con- inherent right of individual or collective self-
sist of the Chiefs of Staff of the permanent defence if an armed attack occurs against a
members of the Security Council or their Member of the United Nations, until the
representatives. Any Member of the United Security Council has taken measures neces-
Nations not permanently represented on the sary to maintain international peace and
Committee shall be invited by the Committee security. Measures taken by Members in the
to be associated with it when the efficient exercise of this right of self-defence shall be
discharge of the Committee’s responsibilities immediately reported to the Security Council
requires the participation of that Member in its and shall not in any way affect the authority
and responsibility of the Security Council
work.
3. The Military Staff Committee shall be under the present Charter to take at any time
responsible under the Security Council for the such action as it deems necessary in order to
strategic direction of any armed forces placed maintain or restore international peace and
at the disposal of the Security Council. Ques- security.

tions relating to the command of such forces

shall be worked out subsequently. Source: URL <http://www.un.org/aboutun/

4. The Military Staff Committee, with the charter>.

authorization of the Security Council and after

consultation with appropriate regional agen-

cies, may establish regional sub-committees.

Article 48

1. The action required to carry out the
decisions of the Security Council for the main-
tenance of international peace and security
shall be taken by all the Members of the
United Nations or by some of them, as the
Security Council may determine.

2. Such decisions shall be carried out by the
Members of the United Nations directly and
through their action in the appropriate inter-
national agencies of which they are members.

Article 49

The Members of the United Nations shall join
in affording mutual assistance in carrying out
the measures decided upon by the Security
Council.

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432 THE US E OF F OR C E IN UN P EAC E OP ER ATIONS

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