强力维和与联合国维和行动的重构

Robust Peacekeeping and the Transformation of UN Peacekeeping Operations

1999年以来,联合国新设立的维和行动基本都获得了强力授权,这主要源于维和特派团在国内持续冲突环境下面临的艰巨挑战和巨大风险。尽管《联合国宪章》第七章为强力维和提供的模糊授权决定了其限度和内在缺陷,但仍然为使用武力创造了充足的伸缩空间。强力授权也使维和明显偏离了哈马舍尔德三原则:接战规则修改为"非自卫和履行授权不使用武力",授权任务的扩展及被动防御态势的转变使维和出现了积极进攻的军事化倾向;部分"破坏者"被排除在同意框架之外,并出现非自愿的强制特征;将公正和中立区分开,逐渐淡化并抛弃中立,表现出积极作为姿态。尴尬的是,当前维和特派团的主要问题不是授权不足,而是反应不力。强力维和导致维和态势进一步复杂化。联合国需要认识自己的能力限制和作为空间,将带有强制特征的维和转交利益攸关方,采取"合作维和"模式,从而缓解强力维和带来的压力和运作难题。

Since 1999, most of the newly established United Nations peacekeeping operations have been given robust mandates, mainly due to the daunting challenges and serious risks they are exposed to in the context of ongoing intrastate conflicts. Although it only provides vague authorization for robust peacekeeping, which determines the limitations and inherent defects of the operations, Chapter VII of the United Nations Charter still creates ample room for the use of force. The robust mandates also make peacekeeping operations significantly deviate from three traditional Hammarskjold's principles. Firstly, they revise the rules of engagement from "non-use of force except in self-defence" to "non-use of force except in self-defence and defence of the mandate" and expand the mandated tasks, which lead to a certain militarization of peacekeeping. Secondly, they reinterpret the principle of "consent" and exclude some "spoilers".Some consents become involuntary and coercive as well. Thirdly, they distinguish impartiality from neutrality, and weaken and gradually abandon the basis of neutrality, reflecting a posture of active involvement. However, the main problem with current peacekeeping operations is not the lack of enough mandates, but weak responses. Robust mandates have further complicated the peacekeeping operations. The United Nations need to recognize the limits to its capabilities. To alleviate the pressure and operational difficulties caused by robust mandates, the UN should hand the tasks with enforcement characteristics over to stakeholders and conduct "cooperative peacekeeping".