(Chicago Sun-Times) The government of France illegally attacked Ivory Coast and the U.N. Security Council sanctioned the illegal action with the adoption of Resolution 1572 on Monday, in what appears to be an imperial plot for regime change in the embattled country.
Once one of Africa’s most stable countries, the former French colony has been embroiled in civil conflict since it was destabilized by a coup d’état in December 1999. Since then it has been besieged by civil conflict, broken peace deals, fledging elections, national xenophobia, failed national reconciliation processes, economic stagnation and full-blown civil war.
The current crisis dates to September 2002 when about 800 disgruntled members of the armed forces of Ivory Coast attacked the country’s military installations in the capital, Abidjan, the second- largest city, Bouake, and the northern city of Korhogo, in protest of plans to demobilize the military. At the request of Ivorian President Gbagbo, France and the Economic Community of West African States sent peacekeeping forces into the country in October 2002.
International peace efforts culminated in the Linas-Marcoussis Agreement in January 2003. The agreement called for a government of national reconciliation, including new elections, restructuring of the military, disarmament of all armed groups and respect for human rights.
In late February 2004, the Security Council adopted Resolution 1528, establishing the U.N. Operation in Ivory Coast to guarantee the terms of the peace agreement. It authorized French peacekeeping forces to “use all necessary means” to support the mission, which includes monitoring the cease-fire and movements of armed groups, disarmament, demobilization, reintegration and resettlement, protection of U.N. personnel, institutions and civilians, support of humanitarian assistance and the maintenance of law and order.
On Nov. 4, the Ivorian government arguably violated an earlier cease-fire agreement by bombing rebel positions in the French patrolled Zone of Confidence separating the rebel north and loyalist south. It is rumored that the bombings were precipitated by rebel movements and the failure of the latter to disarm.
On Nov. 6, France became a party to the conflict by destroying at least two military aircraft in the tiny Ivorian air force in response to an alleged friendly fire incident in which government fighter jets bombed a French military encampment while attacking rebel positions in the northern town of Bouake, the rebel stronghold, killing nine French soldiers and one American civilian.
Under traditional international law, peacekeeping forces are supposed to be impartial, lightly armed, not to use force except in self-defense and function with the consent of the host state. From this background, the French bombing of the Ivorian air force would be illegal and in breach of Article 2(4) of the U.N. Charter prohibiting states to attack one another unless in self-defense. France was also obligated to adhere to the principles of impartiality and proportionality and prevailing U.N. Charter law prohibitions on uses of force. Notwithstanding, the traditional law of peacekeeping is blurred when states undertake U.N.-authorized enforcement actions. Nonetheless, France’s enforcement power is limited to the operational mandate of the UNOCI, which does not permit reprisals for negligent bombing or the breaching of the cease-fire agreement. Reprisals of this sort are not permitted under international law or by any of the agreements/resolutions controlling this conflict. Because France was operating under a U.N. mandate, it should have formally complained about the bombing to the U.N. before acting as judge and executioner.
French action triggered anti-foreigner violence, heated an arguably simmering xenophobic political culture forcing cores of expatriates to flee the country. It also entrenched political rifts between the rebels and loyalist forces.
Last week, the U.N. Security Council adopted a French-sponsored Resolution 1572, which condemned the Ivorian air strikes and fully supported the retaliatory actions of French forces. The resolution demands that Ivorian authorities cease all radio and television broadcasts inciting hatred, intolerance and violence and, most important, levies an arms embargo on the country. It also promises targeted economic and travel sanctions on anyone who threatens peace and national reconciliation processes. The U.N. is setting a dangerous precedent by sanctioning France’s actions and levying sanctions against Ivory Coast. Let us hope that this rush to judgment and levying of sanctions does not result in mass warfare in the country.
