Publication date: 03.07.2024
Legal regulation of peacekeeping missions of the National Guard
Peacekeeping missions are an important part of international efforts to maintain peace and security in the world. The National Guard of Ukraine (NGU) plays an important role in these efforts, ensuring stability and security in various regions. In this article, we will examine the legal basis for the NGU's participation in peacekeeping missions, the procedure for organising and conducting such missions, and the challenges faced by the National Guard in the course of peacekeeping tasks.
Legislative framework
TheConstitution of Ukraine: The fundamental law of the state that establishes the general principles of foreign policy and Ukraine's participation in international organisations. Article 18 of the Constitution of Ukraine stipulates that Ukraine's foreign policy activities are aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial cooperation with members of the international community.
TheLaw of Ukraine "On the National Guard of Ukraine": Defines the legal status, tasks and powers of the NGU, including participation in international peacekeeping operations.
Law of Ukraine "On Ukraine's Participation in International Peacekeeping Operations": Establishes the legal and organisational framework for Ukraine's participation in international peacekeeping operations, the procedure for sending contingents and personnel, and the rights and obligations of participants in peacekeeping operations.
Resolutions of the Cabinet of Ministers of Ukraine and orders of the Ministry of Internal Affairs of Ukraine: Regulate specific aspects of the NGU's participation in peacekeeping missions, including the procedure for training, deployment, provision and interaction with international organisations.
International treaties and agreements: Ukraine participates in peacekeeping missions on the basis of international treaties and agreements concluded with the United Nations (UN), the Organisation for Security and Cooperation in Europe (OSCE), the European Union (EU) and other international organisations.
Main tasks and powers of the NGU in peacekeeping missions
Ensuring security and stability: The NGU is involved in ensuring security and stability in conflict regions, preventing violence, protecting civilians and maintaining law and order.
Monitoringcompliance with ceasefire agreements: The NGU monitors and controls compliance with ceasefire agreements, demarcation lines and demilitarised zones.
Disarmament and demobilisation: The NGU participates in the disarmament and demobilisation of armed groups, collection and destruction of weapons, ammunition and explosive devices.
Support for humanitarian operations: The NGU provides support to humanitarian organisations in delivering aid, evacuating the wounded and sick, and ensuring the security of humanitarian corridors.
Restorationand reconstruction: The NGU participates in the restoration of infrastructure, reconstruction of facilities, demining and other measures to restore post-conflict regions.
Procedure for organising and conducting peacekeeping missions
Decision-making on participation: The decision on the participation of the NGU in international peacekeeping missions is taken by the President of Ukraine in agreement with the Verkhovna Rada of Ukraine. The relevant order is then issued by the Ministry of Internal Affairs of Ukraine.
Training of thecontingent: Preparation of servicemen of the NGU for participation in peacekeeping missions includes special training, training on peacekeeping tasks, studying the language and culture of the region where the mission is planned.
Secondmentsand accommodation: Servicemen of the NGU are seconded to the location of the peacekeeping mission, where they are accommodated in specially equipped camps or bases. Their security, food, medical care and communications are provided.
Performing tasks: The NGU performs peacekeeping and security tasks in accordance with the mandate of the peacekeeping mission and international agreements. This includes patrolling, guarding installations, disarmament, supporting humanitarian operations and other activities.
Monitoring and reporting: The NGU regularly submits reports on the performance of tasks, the situation in the region, the results of peacekeeping operations and other aspects of its activities. The monitoring is carried out by international organisations and the leadership of the peacekeeping mission.
Challenges and problems in peacekeeping missions
High level of risk: Participation in peacekeeping missions is associated with a high level of risk to the life and health of military personnel, especially in areas of active hostilities or in conditions of instability.
Cultural and language barriers: Military personnel may face cultural and linguistic barriers, which can make it difficult for them to communicate and interact with the local population and other peacekeeping actors.
Logistical challenges: Ensuring adequate logistical support, including transport, food, medical care, communications and other resources, can be difficult in remote or insecure areas.
Psychological stress: Military personnel may face high levels of psychological strain due to the constant stress, danger and conditions of service in a conflict zone.
Legal uncertainty: The absence of clear legal norms and instructions on some aspects of participation in peacekeeping missions can create legal uncertainty and difficulties in performing tasks.
Recommendations for improving the legal framework
Develop clear regulations: Develop and adopt clear legal acts regulating the NGU's participation in peacekeeping missions, including the procedure for secondments, the rights and obligations of servicemen, and interaction with international organisations.
Improving thelevel of training: Ensuring that servicemen and women are properly prepared for participation in peacekeeping missions, including specialised training, learning the language and culture of the region, and preparation for work in multinational teams.
Providing logistical support: Increasing the level of logistical support for military personnel, including transport, medical care, food, communications and other resources necessary for the effective execution of tasks.
Psychological support: Developing psychological support and rehabilitation programmes for military personnel involved in peacekeeping missions to reduce stress and increase combat readiness.
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