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The UN mission in South

Sudan

Legal aspects

LtCol Bart Haverman

LA FHQ UNMISS

CONTENTS

Short introduction South Sudan & UNMISS

Mandate

POC

Rules of Engagement

SOFA issues

Questions/discussion

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South Sudan

Total surface 645.000km2 (= France)

Furtile (2 harvests a year)

98% of the budget from oil reserves

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South Sudan

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550 km

460 km

750 km

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South Sudan

Politics

SPLM-SPLA driven

SPLM 90% ownership of cabinet and legislation

25 smaller political parties, almost no influence

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South Sudan

Limited democratic tradition

Weak media & civil institutions

Corruption

Violations of human rights

Growing difference between rich and poor

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South Sudan

Presidential amnesty

Some groups reacted

Reintegration ongoing

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Cattle raids

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Ethnic groups like Dinka, Nuer and Murle

Contradictions often caused by cattle raiding and retribution attacks (vicious circle). Civilian population is always involved

Refugees/returnees

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Subconclusion

This new country obviously needs support

from the outside world

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UNMISS

Organisation & mandate

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UNMISS Special Representative of the

Secretary General

Hilde Johnson (Norway)

SRSG

Deputy SRSG (Political)

UN Police

Director Mission Support

Chief of Staff

10 x State Offices

Force Commander

Deputy SRSG (RC/HC)

Note: most subordinate

organizations not depicted

Organisation

Legal Advisory

New York/ Legal Affairs

UNMISS HoM: personal staff/legal advise

Legal Advisory Unit (LAU)

Legal Advise SPLA/Police

Force Legal Advisor

Civilian legal influence on the Force

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Mandate

2011 shift UNMIS >> UNMISS

UNSCR 1996 2057 (ext), 2109 (ext. +PoC), 2132 (Force levels)

Support local government

Under Chapter 7

Protection of civilians (also:UNSCR 2109)

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UNMISS

Military mission

The UNMISS military component, acting

under Chapter VII of the Charter of the

United Nations is to support and assist the

creation of a safe and secure environment

that will facilitate the implementation of

UNMISS’ mandate in order to create the

conditions for the stabilization of South

Sudan and eventual drawdown of the

mission.

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Protection of Civilians

Special emphasis on PoC

Challenges:

- What is PoC and what is not?

- Limited current intell/info

- Deployment of Troops

- Sustainment of troops

- Cattle raids: who to support?

- “Within capabilities”

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Rainy season

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Rules of Engagement

Background: NATO ROE (self defence)

Civilian involvement in ROE?

Support authorities: impartiallity?

No limits on level of authority

Designation and force posture:

- basic understanding of ROE

- additional guidelines necessary

Limited knowledge of ROE within the Force

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SOFA issues

Standard UN SOFA

Freedom of movement (FoM)

Supplies and border issues

Taxes, dues and tolls

Shooting ranges vs. “Country-MOU’s”

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Conclusion

Can we achieve progress?

Not the military: intell, support, req. qualities

Use the mandate: New York and UNMISS

leadership

Corruption and oil revenues: infra structure

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