Launching the temporary deployment of an interim emergency multinationalforce
in Jonathan Area, in the Democratic Republic of X-land, Africa:legal,
political and procedural conditions

von: Nataliya Gudz

 

I) Legal conditions

II) Political conditions

III) Procedural conditions

IV) Additional conditions and prerequisites

The list of the used sources






On 02 November 2003, the United Nations Security Council unanimously adopted Resolution 1464/02 (2003) authorising under Chapter VII of the UN Charter, the temporary deployment of an interim emergency multinational force in Jonathan Area, in the Democratic Republic of X-land, Africa.
Referring to the request of the High Representative for CFSP, General Secretary Xavier Solana, the Political Planning Unit has prepared a background-paper to be submitted for the Council′s discussion and decision on the Secretary-General′s request.
The following background paper covers the two main questions to be answered:
1. Should the European Union decide to provide a temporary stabilisation force in the Jonathan Area?
2. What are the legal, political and procedural conditions to take the relevant decision on the launching of the European Union military operation in the Democratic Republic of X-land?

The European Union is a newcomer in the business of military and peace support operations. However, it is true that its member states have long been involved in almost any sort of any - Article 5 (NATO/WEU) or Chapter VI-VII (UNO) mission in the past, and they are still today. Yet they have normally done so under other flags than the EU′s proper.
The ambition and the commitment to engage the EU as such in crisis management operations were the first formulated at the Cologne European Council of June 1999, which marks the beginning of the European Security and Defence Policy (ESDP) as a definitive part of the Union′s Common Foreign and Security Policy (CFSP). Until then, the potential resort to civilian and especially military means in common external action had been either conferred to other organisations (the Western European Union, WEU) or rather confined to an unspecified future (Art. J.4 of the Maastricht Treaty of the European Union, TEU). At Amsterdam, in 1997, an odd convergence of old and new member states led to the incorporation in the Treaty (Art. 17 TEU) of the so-called ′Petersberg tasks′, defined as "humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacekeeping". They were literally taken from the WEU conceptual toolbox and covered a very wide range of potential missions, thus meeting the still quite differing expectations of the EU-15.

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