Abstract
The aim of this chapter is to analyse the role of both NATO and the EU in policing crime within the context of peacekeeping operations and missions. In particular, this chapter will examine their contribution to the prevention and repression of human trafficking, acting both under a given international UN-mandate or, irrespective of the mandate, under International Law and UN Security Council Resolutions.
I would like to thank the reviewer of this chapter and the coordinator of the book for their valuable comments, which contributed to the improvement of the original draft.
This chapter presents some of the findings from my postdoctoral research stay at the Institute for European Studies of the Vrije Universiteit Brussel (IES, VUB) during the academic year 2017–2018.
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Notes
- 1.
Despite the good records, there have been several scandals related to the misconduct of the UN peacekeepers in the theatre of operations that have come to the attention of the organization and the media, some of which involved NATO troops. For instance, a report from Prince Zeid Ra’ad Zeid Al-Hussein, Permanent Representative of Jordan, entitled A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations (A/59/710), recognized that “[s]exual exploitation and abuse by military, civilian police and civilian peacekeeping personnel is not a new phenomenon […] ranging from those [operations] in Bosnia and Herzegovina and Kosovo in the early 1990s to Cambodia and Timor-Leste in the early and late 1990s to West Africa in 2002 and the Democratic Republic of the Congo in 2004.” (p. 7). Moreover, the report pointed out with regret the lack of adequate investigation mechanisms to punish those who violate UN standards of conduct, and proposed the establishment of a professional investigative capacity to investigate those allegations. This report, endorsed by the Secretary-General, was discussed by the UN Security Council at its 5379th Meeting, on the 23 February 2006. Today, the UN has reinforced its zero-tolerance policy, and has developed a three-pronged strategy to address all form of misconduct: prevention of misconduct, enforcement of UN standards and remedial action. See for additional information: https://peacekeeping.un.org/en/standards-of-conduct
- 2.
For space constraints, in this study we will examine only the policies of both organizations, irrespective of the anti-human trafficking policies developed by their member States individually considered.
- 3.
“Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action …” (art. 52.1 of the UN Charter; italics are mine).
- 4.
For instance, NATO has clearly challenged this subordination principle, and, unlike the OSCE, has traditionally avoided being characterized as a RO acting under Chapter VIII to keep its (political and military) autonomy vis-à-vis the UN. For that reason, the UNSC Resolutions authorizing a NATO-led operation has been adopted using a general reference to Chapter VII instead.
- 5.
During the draft of the UN Charter, there was a strong debate between universalists and regionalists on the position that ROs should play in the maintenance of international peace and security. The result of those debates is a compromise text in which the existence and role of ROs in crisis management should be subject to the UN principles and objectives as defined by the Charter.
For a detailed analysis of these debates, see for instance: Arend, Anthony Clark. 1996. “The United Nations, Regional Organizations, and Military Operations: the Past and the Present”. Duke Journal of Comparative and Internacional Law 7, no. 1 (Fall): 3–33; Cot, Jean Pierre and Pellet, Alain. 1991. La Charte des Nations Unies. Commentaire article par article. Paris: Economica; Kamto, Maurice. 2007. “Le role des ‘accords et organismes regionaux’ en matière de maintien de la paix et la sécurité internationales à la lumière de la Charte des Nations Unies et de la pratique international”. Revue Générale de Droit International Public 111, no. 4: 771–802.
- 6.
See, for instance, Declaration on the Enhancement of Cooperation between the United Nations and Regional Arrangements or Agencies in the Maintenance of International Peace and Security, A/RES/49/57, 17 February 1995; Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution, A/RES/68/303, 13 August 2014; Political declaration on strengthening cooperation between the United Nations and regional and subregional organizations, A/RES/69/277, 27 May 2015.
- 7.
With this country, NATO even signed a Tactical Memorandum of Understanding for Morocco’s contribution to NATO’s counter-terrorism mission, Operation Active Endeavour, which included from information exchange to Moroccan contribution of naval and air assets to the operation.
- 8.
“Asked about a possible EU force in the Gulf of Aden to combat piracy, the PMS emphasized that this was something that had been under consideration (…). Planning was under way for an EU mission to the region to help combat pirating as a successor to the NATO mission.” House of Lords. 2009. Select Committee on Communications. 1st Report of Session 2008–09. Government Communications, p. 52. https://publications.parliament.uk
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Ruiz-Díaz, L.J. (2020). The Role of Regional Organizations in Addressing Human Trafficking in Conflict: The Cases of NATO and the EU. In: Muraszkiewicz, J., Fenton, T., Watson, H. (eds) Human Trafficking in Conflict . Crime Prevention and Security Management. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-40838-1_14
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