Examination of the Legal and Institutional Framework Relating to United Nations Peacekeeping Operations in South Sudan
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Date
2024-11
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Kampala International University
Abstract
The research understudies the legality of peacekeeping operations, focusing on the United Nations (UN) strategy in South Sudan. Peacekeeping has lately become a major means through which international peace and security are maintained, though their execution is often beset by legal, political, and operational issues. The ambiguity in the application of international law to peacekeeping operations, through fragile consent from host states and mandates under Chapter VII of the UN Charter, has created tensions between peacekeeping and peace enforcement. These gray areas have muddied the waters in the case of South Sudan, particularly on issues of neutrality vis-à-vis civilian protection and non-state actors. This study aims to assess the legal and institutional framework for UN peace keeping operations in South Sudan and to examine the challenges therein. With the employment of a doctrinal approach, this study takes into consideration primary sources of the UN Charter, Security Council resolutions, and peacekeeping mandates, and secondary sources comprising scholarly articles and reports. The research reveals grave legal issues with regard to the mandates for peacekeeping, flawed command and control, and inadequate coordination between the UN and regional actors. Notwithstanding these problems, UN peacekeeping has made indispensable contributions towards the stabilization of parts of South Sudan. While the peacekeeping framework put forward by the UN provides a necessary structure through which international interventions can take place in conflict zones, reforms are still very much needed. Clearer mandates demarcating peacekeeping from peace enforcement, comprehensive legal framework of cooperation with regional bodies, and increased training relevant to the specific challenges thrown up by conflicts involving non-state actors are the recommendations of the research. These steps would effectively and legally improve peacekeeping operations in South Sudan and beyond.