Pacific Settlement of Disputes
Article 33
- The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
- The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
Article 35 - Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
- A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
- The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.
Article 36 - The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
- The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
- In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37 - Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
- If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.
Prevention and Mediation
Intra-Syrian talks in Geneva. UN Photo / Violaine Martin
Preventive Diplomacy
The Secretary-General’s vision for centering the Organization’s work on peace and security around prevention and through a surge in diplomacy for peace reaffirms the United Nations founding mission.
Preventive diplomacy refers to diplomatic action taken to prevent disputes from escalating into conflicts and to limit the spread of conflicts when they occur. While it is conducted in different forms and fora, both public and private, the most common expression of preventive diplomacy is found in the work of envoys dispatched to crisis areas to encourage dialogue, compromise and the peaceful resolution of tensions. Preventive diplomacy can also encompass the involvement of the Security Council, the Secretary-General and other actors to discourage the use of violence at critical moments.
The Secretary-General provides his "good offices" to parties in conflict both personally and through the diplomatic envoys he dispatches to areas of tension around the world. The Department of Political and Peacebuilding Affairs (DPPA) is the principal support structure for those efforts, providing conflict analysis, planning and support to the work of peace envoys and overseeing more than a dozen field-based political missions that serve as key platforms for preventive diplomacy. Of these missions, regional offices covering Central Africa, West Africa and Central Asia have explicit mandates for preventive diplomacy and strengthening the capacity of states and regional actors to manage sources of tension peacefully. Preventive diplomacy is also carried out frequently within the context of peacekeeping missions.
The Security Council, as the UN organ with the primary responsibility for peace and security, also has a critical role to play in supporting preventive action. Recent years have seen increased Council engagement and flexibility in addressing emerging threats before they come on the Council’s formal agenda. Through its actions, the Council can send important signals that help discourage violence and open space for preventive action including by the Secretary-General.
The work of the United Nations in conflict prevention extends well beyond traditional preventive diplomacy to involve a broad constellation of United Nations entities operating across a wide range of relevant disciplines — poverty-eradication and development, human rights and the rule of law, elections and the building of democratic institutions, the control of small arms, to name just a few.
Mediation
Since its inception, the United Nations has played a crucial role in helping to mediate inter- and intra-State conflicts at all stages: before they escalate into armed conflict, after the outbreak of violence, and during implementation of peace agreements. The Secretary-General and his representatives carry out good offices and mediation efforts at the request of parties to disputes, on the Secretary General’s initiative, or in response to a request from the Security Council or the General Assembly. The Department of Political Affairs (DPA) was established in 1992 to assist in this work and in 2019, DPA joined forces with the Peacebuilding Support Unit (PBSO) to form the new DPPA.
Successful conflict mediation requires an adequate support system to provide envoys with the proper staff assistance and advice, and to ensure that talks have the needed logistical and financial resources. The United Nations, led by DPPA, has moved over the past several years to sharpen its ability to provide such support to its own mediation efforts as well as to those of partner organizations.
DPPA's Mediation Support Unit (MSU), established in 2006, works closely with the Department's regional divisions to plan and support mediation efforts in the field. Among its functions, MSU provides advisory, financial and logistical support to peace processes; works to strengthen the mediation capacity of regional and sub-regional organizations; and serves as a repository of mediation knowledge, policy and guidance, lessons learned and best practices.
The Department manages the United Nations Standby Team of Mediation Experts – an "on call" group of experts established in 2008 that can be deployed to assist mediators in the field. Team members have provided support in dozens of negotiations, and hold expertise on issues including power-sharing, natural resources and conflict, constitution-making, cease-fires and other security arrangements, and gender issues as they relate to conflict. In addition, all Standby Team experts are expected to mainstream gender considerations in all of their deployments. Standby team members have the flexibility to deploy on short notice to assist UN or non-UN mediators globally, or to provide analysis and advice remotely. Starting in 2020, the practice of remote or virtual deployments of the Standby Team was substantially expanded so as to meet the evolving needs of mediation actors. With support from donors, the Department has also established a rapid response fund to start up mediation processes at short notice. Advance planning and ready resources are a key to effective early mediation when crises are brewing.
DPPA provides backing to the High-Level Advisory Board (HLAB) on Mediation, established by Secretary-General António Guterres in September 2017. The 18 members of the HLAB -- current and former global leaders, senior officials and renowned experts -- back specific mediation efforts around the world with their unparalleled range of experience, skills, knowledge and contacts.
DPPA also developed and maintains the online mediation support tool UN Peacemaker. Intended for peacemaking professionals, it includes an extensive database of close to 800 peace agreements, guidance material and information on the UN’s mediation support services.
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