Legal Aspects of the United Nations Action in the Congo
Bibliographic Data
| ID | 9544031 |
|---|---|
| Authors | Eric Miller (0000-0002-3243-4968, corresponding author), E M Miller |
| Year | 1961 |
| Volume | 55 |
| Issue | 1 |
| Pages | 1-28 |
| Publication date | 1961-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2196396 |
| OpenAlex | W2327417749 |
| Language | EN |
| Citations received | 8 |
| References cited | 1 |
The United Nations action in the Congo, instituted by the Security Council on July 14, 1960, has been described by the Secretary General as “the biggest single effort under United Nations colours organized and directed by the United Nations itself.” It was an emergency action, undertaken almost instantaneously and carried out in an atmosphere of crisis and political tension. This was not a setting propitious to juridical deliberation; yet it cannot be said that legal considerations were disregarded. At the very outset, the Secretary General drew attention to the basic considerations of law and principle that should govern United Nations operations. As the situation in the Congo grew more complicated and divergent views emerged as to the propriety of the United Nations action, Member Governments as well as the Secretary General sought guidance and support in the prescriptions of the Charter and the rules of law that have evolved through United Nations practice. Faced with the responsibility of interpreting a general mandate of the Security Council in circumstances that had not been envisaged, the Secretary General considered it essential to refer to legal precepts whenever they could furnish guidance; only in this way could he maintain the requisite impartiality and yet take action under his mandate that might be opposed by one or the other contending side. Thus, in regard to each of the several controversial issues that arose, the Secretary General presented the legal basis for his actions, not merely in terms of the broad principles of the Charter, but more specifically, when necessary, in terms of the applicable rules and precepts adopted by United Nations organs, whether expressly in their resolutions or impliedly in their practice. The function of law in United Nations diplomacy has rarely been more clearly demonstrated
Action (physics · Charter · Deliberation · Democracy · General assembly · Impartiality · Mandate · Political science · Politics · Secretary general · Security council · United Nations Charter · Global Peace and Security Dynamics · International Law and Aviation · International Law and Human Rights · Law · Public Administration
Dag Hammarskjöld, the United Nations, and the Congo Crisis of 1960-1
Ghana and the United Nations’ 1960s mission in the Congo
Legal Basis for United Nations Armed Forces
Oscar Schachter (1915-2003)
Appraising a Century of Scholarship in the American Journal of International Law
In Search of a Thread
Expenses of the United Nations for Peace-Keeping Operations
The United Nations and Colonialism
| Citations per year | 0.13 |
|---|---|
| Citation span | 1962 - 2020 (59) |
| Highly cited | No |