Compensation for Death, Injury or Illness
92. Entitlement. The United Nations may provide compensation coverage for death, injury or illness of Military Observers, which is determined, by the Secretary-General, to have been attributable to the performance of official duties on behalf of the United Nations, to the amount of US $ 50,000.00, or twice the Officer's annual base salary, less allowances, whichever is greater. The compensation payable under the rules governing this entitlement will be the sole compensation payable by the United Nations in respect of death, injury or illness. Compensation may not be paid where a Military Observer's death, injury or illness is deemed to have been caused by that individual's own wilful misconduct or wilful negligence.
93. Compensation Claims. A claim for compensation by or on behalf of a Military Observer must be submitted to the Department of the Peacekeeping Operations, United Nations Headquarters, within four months of the Military Observer's death, injury or onset of illness. In exceptional circumstances, the Secretary-General may accept for consideration a claim made at a later date. The Secretary-General has appointed an Advisory Board on Compensation Claims to review claims filed under the rules governing entitlement and to report to him regarding such claims or appeals. The determination of the injury or illness and the type and degree of incapacity and of the relevant award will be decided on the basis of the documentary evidence and in accordance with the provisions established by the Secretary-General.
94. In an effort to expedite the processing of claims relating to the death and disability of a Military Observer while in service with the United Nations, the Member States are urged to promptly submit such cases for review by United Nations Headquarters. All cases will be given consideration, taking into account all relevant factors, including the possibility that such death, injury or illness could have occurred during the performance of official duties.
95. Disability Payments. In the event of disability deemed by the Secretary-General to be attributable to United Nations service, the total compensation awarded by the United Nations will be payable to the Military Observer concerned.
96. Beneficiary. A Military Observer is at liberty to name his/her own beneficiary, whether the latter is a recognised dependent or not. For this purpose, the Military Observer, upon arrival in the Mission, is required to complete, in triplicate, a designation of beneficiary form.
97. Death. In the event of death in the service of the United Nations, the award of compensation will follow a similar procedure, but the payment will be made to the duly designated beneficiary of the Military Observer. If no beneficiary has been named, the payment will be made to the estate of the deceased. In either case, the United Nations will make the payment through the Military Observer’s Government. Annex A Guidelines for Military Observers COMMAND AND CONTROL OF MILITARY COMPONENTS IN UNITED NATIONS PEACEKEEPING OPERATIONS
Reference:
A: Report of the Secretary-General to the General Assembly, “Comprehensive Review of the Whole Question of Peacekeeping Operations in all their aspects – Command and Control of United Nations Peacekeeping Operations”, A/49/681, dated 21 November 1994.
B: General Guidelines for Peacekeeping Operations, October 1995, the Department of Peacekeeping Operations.
General
1. Command and control over the military components of a United Nations Peacekeeping Operation, composed of different national contingents and/or military observers, has always been a challenge. While serving with the United Nations, military personnel remain members of their national armed forces. The operational authority over such forces and personnel is, however, transferred to the United Nations. This authority, vested in the Secretary-General, is exercised by the United Nations in accordance with the mandate authorised by the Security Council. льянов 2. The correct application of command and control in peacekeeping operations is paramount. Effective command and control is essential for the successful accomplishment of military tasks and objectives in a United Nations Peacekeeping Operation. In the field, it is imperative that sound and effective command relations among the contingents are developed through co-ordination, liaison, integration and cohesiveness, resulting in unity of effort. This task is easier said than done; indeed the question of effective command and control over military forces in the field has accompanied the United Nations since its inception. In the recent past the number of Member States participating in United Nations Peacekeeping Operations has increased significantly. Accordingly, the United Nations relations with the military component of peacekeeping operations need to be defined, taking due account of common national defence policies, without prejudicing the provisions of the United Nations Charter and the discharge of the peacekeeping mandate. Aim
3. The aim of this paper is:
a. To explain the concept of United Nations Command and Control over military personnel in United Nations Peacekeeping Operations;
b. To explain the command relationship (chain of command) between senior military commanders appointed by the United Nations, and the military contingents and/or personnel contributed by the Member States;
c. To define important Command and Control terms frequently used in United Nations Peacekeeping Operations; and
d. To promote better understanding between Member States and United Nations regarding the command and control mechanism in peacekeeping operations [8] .
United Nations Command and Control
4. Responding to the General Assembly resolution 48/42 of December 1993, the Secretary-General covered various aspects of political direction and military command and control of peacekeeping operations, in detail, in his report to General Assembly entitled “ Comprehensive Review of the Whole Question of Peacekeeping Operations in all their Aspects - Command and Control of United Nations Peacekeeping Operations ” [A/49/681], dated 21 November 1994 (referred to throughout this paper as “The Report”). Some aspects of the command relationship were further clarified in “ General Guidelines for Peacekeeping Operations ” issued by the United Nations Headquarters in October 1995.
Levels of Command
5. The Report makes a distinction in three levels of command[9]:
a. Overall political direction, which is the purview of the Security Council,
b. Executive direction and control, which is provided by the Secretary-General, and
c. Command in the field, which resides in the Head of the Mission.
United Nations Command.
6. The Report explains that, “ in general, the United Nations command is not full command and is close in meaning to the generally recognized military concept of ‘operational command’. It involves the full authority to issue operational directives within the limits of: (1) a specific mandate of the Security Council; (2) an agreed period of time, with the stipulation that an earlier withdrawal of a contingent would require the contributing country to provide adequate prior notification; and (3) a specific geographic area (the mission area as a whole)”.[10] “ An additional limitation is that the Organisation (UN) does not discipline or promote individual members of military contingents, functions which remain the purview of their national authorities ”.[11] лисовой Restrictions on United Nations Command
7. Various issues pertaining to the employment of national contingents in peacekeeping operations are resolved through mutual consultation between the contributing countries and the United Nations. The United Nations must be able to exercise freedom in utilising the operational capabilities of the forces assigned to the Organisation, within the mandate authorised by the Security Council. However, it might accept some restrictions on the use of these contingents without compromising the operational effectiveness of the mission. This aspect has been clearly explained in the Report in the following words:
“ While the United Nations, on the basis of consultations with potential troop contributors, has accepted by prior agreement certain restrictions on the use of a given contingent, it can not accept restrictions which would overly limit the necessary flexibility and freedom of manoeuvre which a head of mission must have in order to ensure operational effectiveness. In any case, Governments which do not wish their forces to be used in certain ways must make this known at the outset when the troops are offered; if such restrictions do not become apparent until a crisis arises in the field, the safety and security of other contingents and the success of the mission as a whole could be jeopardised ”.[12] Command Relation Between the United Nations and National Contingents
United Nations Operational Authority
8. The Report described United Nations command as close in meaning to the generally recognized military concept of ‘Operational Command’; but some troop contributing countries and members of the Special Committee on Peacekeeping Operations expressed the view that their governments were placing their troops under United Nations ‘Operational Control’, rather than ‘Operational Command’. Some countries felt that the type of authority described in the Report, in fact, coincided more closely to their definition of ‘Operational Control’.
9. As a result of consultations with troop contributing countries, the contents of the Report were carefully deliberated upon, and keeping in view the preference of Member States in 1995 when the United Nations Headquarters issued ‘General Guidelines for Peacekeeping Operations’[13], the term ‘Operational Command’ was replaced by ‘Operational Authority’. The basic provisions pertaining to command and control of United Nations Peacekeeping Operations, contained in the Report, however, were retained while describing ‘United Nations Operational Authority’. It was clarified that ‘Operational Authority’ includes the authority to assign separate tasks to sub units of the contingents and general responsibility for logistics support”.[14] It was also noted “ the detailed logistics arrangements may vary, and depending on the circumstances; they are worked out in the course of planning for an operation, in consultation with contributing governments. ”[15]
Authority in the Field
10. With regards to authority in the field it is specified in these Guidelines[16] that:
“ The chief (head) of the mission exercises operational authority in the field on behalf of the Secretary-General. He determines the further delegation of authority in consultation with the United Nations Headquarters. The chief of the military component of a peacekeeping operation (Force Commander or Chief Military Observer), who may not be the chief of mission, is given appropriate authority over all military units and personnel in the mission in the light of operational requirements ”.[17] Operational Planning and Decision Making in the Field
11. The United Nations encourages mutual professional consultation in decision-making as long as this process, especially during crisis management situations, is not used to impede decision-making and necessary action to implement the decisions. This aspect is highlighted in the Report in the following words: ковешников “ In the field, common sense and sound management practice dictate that the head of mission ensures that national contingent commanders are involved in operational planning and decision making, especially where their respective contingents are concerned. Such involvement should take the form of consultation among professionals in a unified force. However, they can not be allowed to develop into indirect negotiations with national headquarters, which could impede action and undermine the willingness and vigour with which the orders of the United Nations are carried out ”.[18]
12.While assigning separate tasks to the sub-units of a contingent the Force Commander will give due consideration to the operational, logistics and co-ordination aspects of such operation(s) and adequate logistics support, commensurate with the operational requirements, will be ensured.
Instructions by National Authorities to their Commanders on Operational Matters
13. Whereas the troop-contributing governments will maintain their administrative channel of communications with their contingents and personnel, they must not issue any instructions to their military personnel, which are contrary to United Nations policies and the implementation of its mandated tasks. As stated in the Report, “it is impermissible for contingent commanders to be instructed by the national authorities to depart from United Nations policies, or to refuse to carry out orders ”.[19]
United Nations Chain of Command
14. An unambiguous chain of command, from the highest political level – the Security Council – to the troops and military observers in field, is essential for coherence in the direction of the mission and the successful conduct of military activities in support of United Nations Peacekeeping Operations. In light of the ‘Secretary-General’s Report on United Nations Command and Control’ and ‘General Guidelines on Peacekeeping Operations’ the chain of command in United Nations peacekeeping operations can be explained as follows:
a. Security Council. The Security Council is responsible for overall political direction of the peacekeeping operations. It authorizes the mandate of the mission.
b. Secretary-General. The Secretary General is responsible for executive direction and control of the missions. Member States transfer the ‘Operational Authority’ over their military forces and personnel to the United Nations. This authority is vested in the Secretary-General, who exercises it on behalf of the Security Council.
c. Under-Secretary-General for Peacekeeping Operations. The Under-Secretary-General for Peacekeeping Operations is accountable to the Secretary- General. On behalf of the Secretary-General, the Under-Secretary-General directs and controls United Nations peacekeeping operations; formulates policies for peacekeeping operations and operational guidelines based on Security Council mandates; prepares reports of the Secretary-General to the Security Council on each peacekeeping operations, with appropriate observations and recommendations; advises the Secretary-General on all matters related to the planning, establishment and conduct of United Nations peacekeeping missions[20].
d. Military Adviser. The Military Adviser is accountable to the Under-Secretary-General and advises him on military matters, reporting through the Assistant Secretaries- General for the Office of Operations and the Office of Mission Support [21].
e. Head of Mission. The Head of Mission is responsible, through the Under Secretary-General for Peacekeeping Operations, for implementation of the mission mandate. He/she exercises ‘Operational Authority’, in the field, on behalf of the Secretary- General.
f. Force Commander. The Force Commander, when not serving as Head of Mission, reports to the Head of the Mission. The Force Commander exercises ‘Operation Control’ over all military personnel, including military observers, in the mission. The Force Commander may delegate ‘Operational Control’ of military observes to the Chief Military Observer. The Force Commander establishes his/her operational chain of command, in the field, as follows:
новосельцев (1) For Military Units/Contingents. Deputy Force Commander, Sector Commander(s), National Contingent Commanders, Battalion Commanders and Company Commanders.
(2) For Military Observers. Chief Military Observer, Sector Commanders/ Senior Military Observers, Military Observer Team Leaders and military observers.
g. Chief Military Observer. If the Chief Military Observer is the head of the military component, he/she reports directly to the Head of Mission and exercises ‘Operational Control’ over all military observers. The Chief Military Observer establishes his/her operational chain of command, in the field, to include the Deputy Chief Military Observer, Sector Commanders/ Senior Military Observers, Military Observers Team Leaders and military observers.
United Nations Administrative and Logistics Support
15.Administrative and logistics support to the military contingent, in the field, is provided by the United Nations in accordance with a memorandum of understanding signed with troop contributing countries (TCCs). The Director of Administration/ Chief Administrative Officer, who heads the Administrative Component of the Mission, coordinates this support.
16. The Director of Administration/ Chief Administrative Officer is the principal adviser to the Head of Mission on United Nations rules and regulations, applicable policy instruments and procedures, and assists the Head of Mission in ensuring that the Mission is managed within the framework established by the legislative bodies of the United Nations. The advice of the Director of Administration/ Chief Administrative Officer to the Head of the Mission extends to all matters related to finance, budget, personnel and all aspects of administration and management of the Mission.
17. An integrated United Nations logistics system performs engineering, communication and other logistics services and support functions in the missions. All military personnel, who are placed in such integrated units/system by United Nations Headquarters, perform their day-to-day activities and routine functions under the technical supervision of designated United Nations civilian or military personnel. Mission military component headquarters will coordinate all such functions and duties with the office of the Director of Administration/ Chief Administrative Officer. However, military personnel will remain, at all times, under the 'operational control' of the normal chain of command of the Military Component.
Definitions of United Nations Command and Control Terminologies
18. The terms ‘United Nations Operational Authority’, ‘United Nations Operational Control’, ‘ United Nations Tactical Control’, ‘United Nations Logistics Control’ and ‘Administrative Control’ are defined as follows:
a. United Nations Operational Authority. The authority transferred by the Member States to the United Nations to use the operational capabilities of their national military contingents, units and/or military personnel to undertake mandated missions and tasks. Operational authority over such forces and personnel is vested in the Secretary-General, under the authority of the Security Council. ‘United Nations Operational Authority’ involves the full authority to issue operational directives within the limits of (1) a specific mandate of the Security Council; (2) an agreed period of time, with the stipulation that an earlier withdrawal of a contingent would require the contributing country to provide adequate prior notification; and (3) a specific geographic area (the mission area as a whole). The ‘United Nations Operational Authority’ does not include any responsibility for certain personnel matters of individual members of military contingents, such as pay, allowances, and promotions etc. These functions remain a national responsibility. In regard to disciplinary matters, while the discipline of military personnel remains the responsibility of the troop-contributing countries, the United Nations is responsible for the good conduct of all military personnel.[22] ишбулатов b. United Nations Operational Control (UN OPCON). The authority granted to a military commander, in United Nations Peacekeeping Operations, to direct forces assigned so that the commander may accomplish specific missions or tasks which are usually limited by function, time, or location (or a combination), to deploy units concerned and/or military personnel, and to retain or assign tactical control of those units/personnel. United Nations Operational Control includes the authority to assign separate tasks to sub units of a contingent, as required by the operational necessities, within the mission area of responsibility, in consultation with the Contingent Commander and as approved by the United Nations Headquarters. It does not include the responsibility for personnel administration.
c. United Nations Tactical Control (UN TACCON). The detailed and local direction and control of movement or manoeuvres necessary to accomplish mission or tasks assigned. As required by operational necessities, the Force Commander may delegate the ‘tactical control’ of the forces assigned to United Nations Peacekeeping Operations to his subordinate Sector and/or Unit Commanders.
d. United Nations Logistics Support (UN LOGSUPT). The logistics support of the units and personnel placed under the ‘operational authority’ of the United Nations and the ‘operational control ’ of the Chief of the Military Component of the Mission is a joint responsibility of the troop contributing government and the United Nations. Logistics support includes supply, maintenance, transportation and medical support. These functions are mutually coordinated and performed by the United Nations and the troop contributing government(s), which may vary from one mission to the other, and are included in the mission specific Memorandum of Understanding (MOU) signed by the United Nations and the Member States.
e. Administrative Control (ADMCON). The authority over subordinate or other organizations, within national contingents, in respect to administrative matters such as personnel management, supply, services, and other matters not included in the operational missions of the subordinate or other organizations. Administrative Control is a national responsibility given to the national contingent commander (NCC) in peacekeeping operations.
Transfer of Authority
19. When national units/contingents and military observers come under the control of a United Nations designated commander, the transfer of ‘operational authority’ must be completed immediately. Generally, this process takes place when national military personnel and units arrive in the mission area. If required, the transfer of authority may be completed at a unit’s home station (before deployment in the area of operations) or at an intermediate staging base, as dictated by operational necessities. However, the exact timing of the transfer of authority will be decided at the time of negotiations between the United Nations and national authorities.
20. Troop contributors, through their permanent missions, must inform the United Nations of the transfer of authority over their military personnel to the United Nations, noting the composition/strength of force, date and time. Similarly, when operational authority over these units/personnel is withdrawn from the United Nations, the troop contributors’ permanent missions must officially inform the United Nations. Operational authority over military observers is considered to be transferred, automatically, to the United Nations, when a military observer reports to the designated United Nations authority for his/her duties in the operational area of responsibility and it is reverted back to the respective national authorities on completion of assignment with the United Nations, or at the time of repatriation.
United Nations Rules of Engagement
21. Rules of Engagement for the armed military component in each Peacekeeping Operation are issued by United Nations Headquarters, in light of the mandate authorized by the Security Council. These Rules are applicable to all armed military personnel assigned to the respective peacekeeping missions. The implementation of the Rules of Engagement is a command responsibility. The Rules of Engagement are addressed to the Force Commander, who is then responsible for issuing them to all Subordinate Commanders. молчанов Annex B Guidelines for Military Observers
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