Book Review: International Law and Organization: Legal Problems Arising from the United Nations Military Operations in the Congo

AuthorL. C. Green
DOI10.1177/002070206902400416
Published date01 December 1969
Date01 December 1969
Subject MatterBook Review
824
INTERNATIONAL
JOURNAL
International
Law
and
Orgamzation
Legal Problems
Arnsng
from
the
United
Nations
Military
Operations
Sn
the
Congo.
By
R.
SIMMONDS.
The
Hague:
Martinus
Nijhoff.
1968.
xvi,
356pp.
39.50
guilders.
In
this
study
Dr.
Simmonds emphasizes
that
there has
been,
since
the
days
of
the
Korean
operation
-which
he
rightly
sees
as
one
in which
the
United
Nations
played
second
fiddle
to
the
United
States
(p.
7)
-
through
UNTSO,
UNOGIL,
and
UNEF
to
the
Congo
(uNoc)
a
shift
in
the
role
of
the
United
Nations
from
one
of peace
enforcement
to
one
of
peacekeeping. He contends
that
in
future
similar
operations
the
United
Nations
must
show
a
greater
willingness
to
act
than
was
often the
case
in
the
Congo
(pp.
39-40).
To some
extent
it
would
appear
that
much
of
the
"neutrality"
of
the
operation
-
at
times
showing
that
non-mterven-
tion
is
merely
intervention
by
another
name
(pp.
126,
199)
-and
the
criticism
of
the
United
Nations'
activities
was
the
direct
consequence
of
Hammarskjd1d's
personal
diplomacy (pp.
84,
124,
128),
which should
be
contrasted
with
the
somewhat different
approach
of
U
Thant
(pp.
56,
133,
225-6).
Dr.
Simmonds
suggests
that
should
the
occasion
arise
again,
the
Security
Council
and not
the
secretary-general
should
carry
respon-
sibility
for
policy
decisions
(p.
290),
and
the
commander
of
the
whole
operation
should
be
the
commander
in
the
field
as
in
UNEF
rather
than
the
secretary-general
operating
directly
or through
his
representatives
(p.
292).
Dare
one
hope
that
the
criticism
of
Hammarskj6ld
implicit
in
Dr.
Simmonds'
comments
indicates
the
beginning of
a
retreat
from
the
somewhat
unholy worship
that
attaches
to
the
name
and
personality
of
the
"martyred"
Secretary-General?
Not
surprisingly, Dr.
Simmonds
is
concerned
with
the
authority
of
the
secretary-general
vzs--v8s
the
units making
up
the
force,
and
the
attitude
of
the states from
which
they
have
come.
He draws
attention
to
the
improper
attempts
to
coerce
the
secretary-general
made
by
Guinea
and
Morocco
(pp.
144-5),
and
the
defiance
of
him
and
of
the
Council
shown
by
the
latter
and
the
United
Arab
Republic
(p.
165).
It
is
perhaps
unfortunate
that
he ignores
the
difficulties
experienced
by Major-General
von
Horn,
the
United
Nations
commander,
in his
dealings
with
Major
General
Alexander
as
commander
of
the Ghanaian
unit
and
the
desire
of
the
latter
to
rescue
Lumumba despite
the
official
attitude
(see
von
Horn,
Soldierng
for
Peace).
The
nearest
Dr.
Simmonds
comes
to
criti-
cizing
Ghana,
of
which
he
is
a national,
is
his
reference
to
the
Ghanaian
warning
at
the
United
Nations
that
if
the
organization
could
not
fulfil
the
mandate
of
the Security
Council,
Ghana
might
take
unilateral
action,
and he
concedes
that
such
action
would
be
in
breach
of the
Charter
(pp.
146-7).
Since
the
fiasco
concerning
UNEF
in
the
vicinity
of
Aqaba
it
is
difficult
to
share
the
author's
view
that
"once
consent
has
been given,
the
Force
constituted
and
an
enormous
amount
of
money
has
been
spent,
that
consent
cannot
be
arbitrarily
withdrawn"
(p.
117,
see also
pp.
203,
292),
although
he
does
acknowledge
that
states
may,
ab
snitio,
attach
conditions
to
the
use
to
which
their
contingents may
be
put
and
that

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