Oireachtas Joint and Select Committees
Tuesday, 1 July 2025
Committee on Defence and National Security
General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed)
2:00 am
Dr. Cathal Berry:
The Attorney General's advice to the Government is an important layer. As I mentioned previously, the ultimate safeguard is the judgement of our military commanders who will only operate within the law. Deputy Smith asked if there was anything we could point to and I would say Article 52 of Chapter VIII of the UN Charter. It is as though the authors of the charter almost predicted this deadlock in the Security Council. Article 52 authorises regional entities such as the EU and the OSCE to conduct peacekeeping operations without UN authorisation. The UN has preauthorised regional entities to conduct peacekeeping operations, provided the two Ps are aligned, that is, that they are in keeping with the principles and purposes of the United Nations. Preauthorisation is there and we have internal State safeguards at political and senior military level to make sure the operation is in keeping with international law.