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Third, there is a problem concerning the governing law when peacekeeping soldiers commit crime in host countries. The soldiers are no doubt to be charged and punished, but what law is applicable? If both the soldier’s country and the host country have jurisdiction over the crime, which law prevails?
Fourth, if the peacekeeping operation is abused by a minority of powers to undermine a sovereign state, what can be done to stop the operation? If a regional organization, whether political or military, takes military actions against a sovereign state, of which it is not a member state, without authorization of the UN, what can be done? Should the UN and the international community approve the armed intervention? Who should be responsible for the consequences of the intervention? For example, at present NATO is bombing Kosovo and Yugoslavia under the banner of protection of human rights and restoration of peace and order.
Fifth, how to ensure or guarantee the impartiality and neutrality of the peacekeeping troops throughout the peacekeeping operations? If the host countries do not permit deployment of peacekeeping troops, is it possible for the UN to take any other measures? If the peacekeeping troops encroach upon the interests or even violate the sovereignty of a third state, what can be done and who functions?
Sixth, with the spread use of the veto power of the five Permanent Members, the UN peacekeeping operations are more determined by the national interest of these powers. If any of these powers vetoes the operation, the operation will be abortive., which may possibly lead to escalation of the conflicts to warfare. Co-ordination and co-operation among the five powers are urgently needed to shape a new world order.
5. Prospects and Proposals
At the inception of the creation of the UN, people were optimistic about world peace and security. But many cases have weakened the role of the UN in international affairs. At the threshold of the 21st century, a new world order is taking shape. It has been widely acknowledged that peacekeeping is a “ a uniquely appropriate and viable mechanism” to maintain world peace and security. (Wiseman 1983, p367) But it has been only applied to a rather small proportion of the conflicts that occurred in the world. The evolution of international political structure creates for peacekeeping both challenge and opportunity for development. There is good reason to assume that peacekeeping can more efficiently help restore and maintain international peace and security if problems and defects that emerged in the past years can be resolved.
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