Written answers
Thursday, 30 November 2023
Department of Foreign Affairs and Trade
United Nations
Paul Murphy (Dublin South West, RISE)
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251. To ask the Minister for Foreign Affairs and Trade his views as to whether or not the deployment of troops by regional arrangements without the authorisation of the UN Security Council is within the parameters of the UN Charter (details supplied). [53027/23]
Micheál Martin (Cork South Central, Fianna Fail)
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Cooperation with regional arrangements is integral to the work of the UN. This is reflected in Chapter VIII of the Charter of the United Nations, which recognises the role that regional arrangements and agencies may have in dealing with matters relating to the maintenance of international peace and security. Regional arrangements may be deployed for a wide range of activities, including crisis mediation, peace operations, and humanitarian assistance.
Article 53 of the Charter provides that the Security Council may utilise regional arrangements or agencies for enforcement action under its authority. However, not all activities undertaken by regional arrangements necessarily require the authorisation of the Security Council. The Charter nonetheless requires regional arrangements or agencies to keep it fully informed of activities undertaken or in contemplation by them for the maintenance of international peace and security.
The UN Department of Political and Peacebuilding Affairs publishes regular reports detailing examples of practice of the Security Council cooperating with regional organizations in the maintenance of international peace and security, within the framework of Chapter VIII of the Charter.
Paul Murphy (Dublin South West, RISE)
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252. To ask the Minister for Foreign Affairs and Trade whether he considers that the US invasion of Iraq in 2003 was within the parameters of the UN Charter. [53028/23]
Micheál Martin (Cork South Central, Fianna Fail)
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On 20 March 2003, the Dáil adopted a motion on the invasion of Iraq, which reaffirmed Ireland's commitment to the United Nations as the guarantor of collective global security and the appropriate forum for the resolution of disputes threatening international peace and security.
The motion further recalled Ireland’s statement as a member of the Security Council on the adoption of Resolution 1441 that it would be for the Security Council to decide on any ensuing action in the event of Iraqi non-compliance with Resolution 1441, and regretted that the US-led coalition found it necessary to launch the campaign in the absence of agreement on a further UN Security Council resolution.
In his statement to the House in the context of the Dáil motion, the then-Taoiseach acknowledged that there was no clear legal consensus on whether there was a mandate for the use of force against Iraq, based on previous Security Council resolutions. He noted that the arguments put forward by the US-led coalition asserting the existence of a mandate were also supported by a number of countries which were not participating in the military action.
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