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posal. A partial survey of United Nations practice in peace the General Assembly. Under its now famous "Uniting
keeping will illustrate the actual operation of the Charter for Peace Resolution" the General Assembly made the
provisions. following statement:
(2) United Nations Practice. If the Security Council, because of lack of unanimity of
(a) Korea. Hostilities in Korea commenced on the permanent members, fails to exercise its primary
June 24, 1950. On June 25 the Security Council was con- responsibility for the maintenance of international peace
vened at the request of the United States to consider the and security [the General Assembly may] make appropri-
matter. The Security Council, under Article 39, deter- ate recommendations to Members for collective
mined by a vote of 9-0, with one abstention, and one measures, including in the case of a breach of the peace or
member absent (U.S.S.R.) ,that a breach of the peace had act of aggression the use of armed forces when necessary,
occurred. Under Article 40, the Security Council then to maintain or restore international peace and security. 36
called for an immediate cessation of hostilities and the The General Assembly assumed this secondary respon-
withdrawal of North Korean forces to the 38th parallel. 33 sibility for the maintenance of peace under articles 10 and
On June 27, when the Security Council again met, it was 11 of the Charter which permit it to make recommenda-
evident that the North Korean forces had not complied tions to members of the U.N. It was hotly debated at the
with the provisional measures of the day before. The time of the General Assembly actually had such
Security Council was then faced with a problem. It had no authority. 37 However, subsequent events in the Middle
forces at its disposal because no agreements under article East and the Congo have confumed in practice and law
43 to place national forces at the disposal of the Security the existence of such authority. 38
Council had ever been entered into by any member. The Before examining these situations, however, it should be
Security Council therefore under Article 42, made the
following recommendation on June 27: noted that the United Nations Command in Korea still
fulfis its functions although it is the United States which
The Security Council . . . recommends that the Mem-
bers of the United Nations furnish such assistance to the carries out these functions on behalf of the United Na-
Republic of Korea as may be necessary to repel the armed tions. In 1975, the United States informed the U.N.
attack and to restore international peace and security in Security Council that it was ready to terminate the U.N.
Command in Korea provided that an alternative arrange-
the area. 34
ment could be made for maintaining the 1953 armistice
Lacking any real militarycommand structure for directing accord. In the same year, the U.N. General Assembly
the efforts of the member states who complied with the adopted two competing resolutions on Korea. Resolution
recommendation on June 27, the Security Council on 3390 A, supported by the United States, called for
July 7 further recommended that: negotiations to find an alternative arrangement for
All members providing military forces and other preserving the Korean armistice by the nations directly in-
assistance pursuant to the aforesaid Security Council volved-North and South Korea, China, and the United
resolutions make such forces and other assistance availa- States. Resolution 3390 B called for a dissolution of the
ble to a unified command under the United States. 35
U.N. Command, withdrawal of all foreign troops from
The United States, therefore, acted as the agent of the South Korea, and for a peace agreement between the
United Nations in Korea. General MacArthur was ap- "real parties to the armistice." 39 The Korean situation
pointed by the President of the United States to command awaits future developments and a final settlement, but this
this unified command. However, it was the United States has not altered the historical fact of United Nations inter-
which directed the unified command. The United States vention and its authority to do so.
did so in compliance with the Security Council's recom- (b) The Middle East. When fighting broke out on
mendation on July 7. The died command was formed
29 October 1956 between Egypt and Israel, the Security
by a series of bilateral agreements between the contribut-
Council attempted to pass a resolution calling for a cease
ing members and the United States.
fire under article 40. 40 This resolution was vetoed by
When the Soviet Union returned to the Security Council England and France. Here then was the first difference be-
the Council was unable to take further effective action. tween the U.N. action in the Middle East and in Korea.
The Soviet Union was absent because of its boycott of the
Council over the Council's refusal to seat the Red Chinese 36. U.N. Gen. Ass. Off. Rec. 5th Sess. Supp. No. 20, 10 (M1775)
Government. The U.S.S.R. was under the mistaken im- (1950).
pression that its absence amounted to a veto of Security 37. See Stone, Legal Controls of International Codict 268-278
Council actions. The arena of UN activity then switched to (1959) for a synopsis of the argument for and against the legality under
.articles 10 and 11 of the "Uniting for Peace" Resolution.
I 38. Advisory Opinion on Certain Expenses of the United Nations,
33. 5 U.N. SCOR (473rd mtg.) 7, 13-14 S/1501 (1950). (1962) I.C.J. 151.
34. 5 U.N. SCOR (474 mtg) S/1511 (1950). 39. Digest of United Sutes Practice in International Law 820-827
35. 5 U.N. GAOR Supp. (No. 2) 25 M1361, U.N. Doc.S/1583,9 (Dept. of State 1975).
U.N. Bull. No. 3, 96 (1950). 40. 11 U.N. SCOR S/3710 (Oct - NOV- Dee 1956).