HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER
UN Peacekeeping
Himpunan Mahasiswa Hukum Internasional
Paul Rusesabagina, a Hutu, manages the Hôtel des Mille Collines and lives with his Tutsi wife and their three children. But when Hutu military forces initiate a campaign of ethnic cleansing against the Tutsi minority, Paul is compelled to allow refugees to take shelter in his hotel. Meanwhile, Paul thought that the UN Peacekeeping Forces would protect the native population who were not directly involved in the conflict. Colonel Oliver, a Canadian heading the UN Peacekeeping Forces, tries to do anything to assist Paul and get people to safety, first to the hotel and then out of the country.
In this movie, the fact that can be seen is the role of the UN Peacekeeper, who is not too significant in helping the victims of genocide. In fact, the world saw the powerlessness of the UN Peacekeeper in overcoming the conflict. The deep disappointment became even more apparent when the US and European countries withdrew their troops. This resulted in the dwindling number of UN Peacekeepers, which led to Paul Russebagina had to work hard with his own efforts and the few remaining UN Peacekeepers to rescue the victims of the genocide.Based on the facts above, the question that should be answered is “What is the role of the UN Peacekeeping Mission and the origin of its authority in the case of Rwandan Genocide and why they cannot act more than they are assigned, such as shooting those who commit violence and murder even though they had weapons?” Force in UN Charter
Fakultas Hukum Universitas Padjadjaran
Introduction Hotel Rwanda is a 2004 drama film directed by Terry George and adapted from the real story of Paul Rusesabagina and his wife, Tatiana. Based on the Rwandan genocide, which occurred during the spring of 1994, the film documents Rusesabagina’s efforts to save the lives of his family and more than 1,000 other refugees by providing them shelter in the besieged Hôtel des Mille Collines. Hotel Rwanda itself explores genocide, political corruption, and the repercussions of violence.
On a historical basis, it is apparent that the very essence of UN Peacekeeping Operations was initiated and only ensured through Security Council’s mandates. According to this, it is not surprising for many scholars to contend the rights and obligations of the UN Peacekeeping Force within the scope of UNSC under Chapter VI or VII. Therefore, it may follow that the established practice of UNSC in issuing Peacekeeping Operations is perceived to be justified under international law. But one question may arise concerning this “power”, to what extent does the UNSC could enact a mandate to its peacekeeping operations? And would it be possible if the peacekeeping operation goes beyond what is mandated? To answer these two questions, it is necessary for us to temporarily shift our focus to one of the prominent theories in an international organization, namely the implied power theory. The concept of implied powers was recognized first in the constitutional legal landscape, especially in the McCulloch v. The State of Maryland et.al. case, where it expressed that: “We think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional” 1 United Nations, Our History: United Nations Peacekeeping, accessed on https://peacekeeping.un.org/en/our-history
Himpunan Mahasiswa Hukum Internasional Fakultas Hukum Universitas Padjadjaran
The existing United Nations Charter does not recognize nor mention UN Peacekeeping Force as one of its attributes. The evolution of the UN Peacekeeping Force in the international practice realm can be traced back to the UNSC Resolution 50 in 1948. It called for the establishment of a Peacekeeping Operations under the United Nations Truce Supervision Organization (UNTSO).1 Having the Security Council set this practice in motion, numbers of Peacekeeping Operations were established.
HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER
The opinion of the United States Supreme Court gave further enlightenment that every institution may go beyond what is explicitly stated in the constitution as long as the action is meant to fulfill its function and share the same spirit of the constitution. Indeed, this case law can not be an obvious analogy in creating a theory in the international legal landscape. However, this doctrine has contributed to the development of international organization, especially when it comes to the means of interpreting the role of international organization.2
HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER
Himpunan Mahasiswa Hukum Internasional Fakultas Hukum Universitas Padjadjaran
The Role of UN Peacekeeping Missions in Rwanda Genocide 1994
In 1949, ICJ laid down the foundations of implied powers in the Reparations for Injuries Case. The court held that: “Under international law, the Organization must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication, as being essential to the performance of its duties. This principle was applied by the Permanent Court of International Justice to the International Labour Organization in its Advisory Opinion No 13 of July 23rd 1926.”
In 1994, more than 800.000 men, women, and children were slaughtered over the course of 100 days. These atrocities were cultivated by an escalating hatred of two 2 Andrzej Gadkowski, The Doctrine of Implied Powers of International Organizations in the Case Law of International Tribunals, Adam Mickiewicz University Law Review, 2016, p. 46. 3 Article 39 of United Nations Charter 4 Article 41 of United Nations Charter 5 Article 42 of United Nations Charter 6 Trevor Findlay, The Use of Force in UN Peace Operations, Solna: Stockholm International Peace Research Institute, 2002, p. 7
According to this doctrine, UNSC used the same rationale in establishing Peacekeeping Operations. In this regard, the decision to undertake such operations may refer to the Chapter VII of the UN Charter, which provides an exclusive right for UNSC to determine the existence of any threat to the peace, breach of the peace, or act of aggression.3 Furthermore, the Charter also gave the rights to UNSC to call upon the parties to employ either use of force measures4 or non use of force measures.5 Conclusively, the role and function of UNSC depends on how UNSC issues its mandates. Within this limited scope, it is not surprising that some UN Peacekeeping Forces could have wider competences and some could not.6
In response to this situation, in 1993 the Rwandan official president, Habyarimana, initiated the creation of a peace agreement between the government and RPF. However, in 1994, a plane carrying Habyarimana was shot down leaving no survivors. Even though there is no conclusive fact on whose attack that was, the Hutu started accusing and slaughtering the Tutsi.9
c. To monitor the security situation during the final period of the transitional government’s mandate, leading up to the elections; 7 Zack Beauchamp, Rwanda’s genocide What happened, why it happened, and how it still matters, accessed on Rwanda's genocide what happened, why it happened, and how it still matters Vox 8 Ibid. 9 Ibid.
HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER Himpunan Mahasiswa Hukum Internasional Fakultas Hukum Universitas Padjadjaran ethnicities in Rwanda, namely Hutu and Tutsi. Initially, the tensions between those two ethnicities were fostered upon economic motives that derived from segregationist policies from the Rwandan Colonials period. The Belgian rulers, which colonized Rwanda, tended to favor the Tutsi over Hutu, despite that Hutu share a larger population than Tutsi. This Belgian policy can be illustrated on how the Tutsi were more likely to be chosen as a local elite that may administer how the Rwanda economy should be carried out.7
b. To monitor the observance of the cease-fire agreement, which calls for the establishment of cantonment and assembly zones and the demarcation of the new demilitarized zone and other demilitarization procedures;
Following the humanitarian crisis in Rwanda, United Nations Security Council authorized the establishment of the United Nations Assistance Mission for Rwanda (UNAMIR) through enacting Resolution 872 in 1993. The resolution provides UNAMIR 8 mandates, namely: a. To contribute to the security of the city of Kigali inter alia within a weapons secure area established by the parties in and around the city;
After the Rwandan declared its independence, the country started to initiate the first election. Subsequently, as Hutu share a larger population, they won the election in 1961. Due to the hatred and anger created by the prior colonials, the Tutsi started waging a war against the official government, which this action was represented under the name of the Rwandan Patriotic Front (RPF).8
Himpunan Mahasiswa Hukum Internasional Fakultas Hukum Universitas Padjadjaran
HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER
Due to the narrow scope of mandates and lack of manpower, UNSC renewed its resolution to Resolution 909 in April 1994 and followed by Resolution 918 in May 1994. These two resolutions imposed an arms embargo on Rwanda and let UNAMIR establish a secure humanitarian area along with the protection of relief operations. Nonetheless, even though UNAMIR has a wider mandate, the role of UNAMIR did not give any contribution to the situation on the ground. Therefore, in 1994, UNSC renewed its resolution to Resolution 929 and it gave a mandate to UNAMIR to use all necessary means to achieve their humanitarian objectives.10 Analysis With more than 800.000 casualties, embedded hatred between Hutu and Tutsi, and dire impact to Rwanda economy, it surely will not be an event that anyone would like this to be repeated. Moreover, Rwandan genocide gave us a further enlightenment on how we 10 Erik Brattberg, Revisiting UN Peacekeeping in Rwanda and Sierra Leone, Peace Review: A Journal of Social Justice, Vol. 24, No. 2, pp. 158-159.
g. To assist in the coordination of humanitarian assistance activities in conjunction with relief operations; (h) To investigate and report on incidents regarding the activities of the gendarmerie and police; The aforementioned mandates are considered to be irrelevant in reacting to the escalating violence in Rwanda. As provided above, the mandates of UNAMIR was limited only to monitoring activities and establishing safe area, and not necessarily let UNAMIR to contribute in any efforts to prevent the genocide against the Tutsis. Moreover, UNSC only approved the deployment of 2.548 troops, while the UN Military Experts had advised that the most plausible number is around 5.000 and 8.800 troops, considering that the UNAMIR will address the arising tension between Hutu and Tutsi.
e. To investigate at the request of the parties or on its own initiative instances of alleged non compliance with the provisions of the Arusha Peace Agreement relating to the integration of the armed forces, and pursue any such instances with the parties responsible and report thereon as appropriate to the Secretary-General;
f. To monitor the process of repatriation of Rwandese refugees and resettlement of displaced persons to verify that it is carried out in a safe and orderly manner;
d. To assist with mine clearance, primarily through training programs;
Conclusion The current UN Charter does not recognize or mention the UN Peacekeeping Force as one of its features. The UN Peacekeeping Force has a long history in international practice, dating back to UNSC Resolution 50 in 1948, which called for the creation of a Peacekeeping Organization known as the United Nations Truce Supervision Organization (UNTSO). Therefore, It is apparent that the rights and obligations of the UN Peacekeeping Force is considerably within the scope of UNSC under Chapter VI or VII. In case of Rwandan Genocide, UNSC authorized the establishment of UNAMIR through enacting Resolution 872 in 1993, in which give limitations to the mandates of UNAMIR. Although later on, UNAMIR was given wider mandate, they had illustrated the failure of UNSC in responding to the ongoing crisis that occur within the Rwandan territory, by the fact that their mandates were limited by the UNSC Resolution which subsequently made them unable to
HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER
Himpunan Mahasiswa Hukum Internasional
In Rwanda’s genocide case, UNAMIR had illustrated the failure of the UNSC in responding to the ongoing crisis that occur within the Rwandan territory. The Inability of UNAMIR to prevent the slaughter is limited by the UNSC Resolution which subsequently made them unable to act beyond what is mandated. Because of this concern, in 1994, UNSC had to renew its resolution several times, in order to give a wider mandate for UNAMIR. But, the situation on the ground had already reached its peak, and UNAMIR did not have enough chances to prevent the conflicts.
Fakultas Hukum Universitas Padjadjaran should prevent any types of segregationist policies or even to counter hate speech propaganda.Other than domestic action, the role of the international community, especially the United Nations, is essential in preventing any humanitarian crisis. Chapter VI and VII of the UN Charter gave UNSC the ability to enact resolutions that could address any action that posed any threat to the peace, breach of the peace or act of aggression. In the practice of UNSC, the resolution had successfully established several Peacekeeping Operations, whose mandates are very dependent on the UNSC’s discretion.
Conclusively, as UNAMIR’s mandates were laid on the implied power of UNSC, the decision of the Security Council to determine the scope of Peacekeeping’s duties may become a prominent part in preventing any humanitarian crisis in the future events.
HI-NSIGHT #2 HOTEL RWANDA (2004 Movie): QUESTIONING THE ROLE OF UN PEACEKEEPER
Himpunan Mahasiswa Hukum Internasional Fakultas Hukum Universitas Padjadjaran act beyond what is mandated. Therefore, the decision of UNSC to determine the scope of Peacekeeping’s duties may become a prominent part in preventing any humanitarian crisis in the future events.