FACULTY OF LAW
DEPARTMENT OF PUBLIC INTERNATIONAL LAW AND INTERNATIONAL RELATIONS

By
MUKIRAMFI SAMBA
Graduate of Special Studies in Public Law and Works Manager

Thesis presented and publicly defended with a view to obtaining the title of Doctor of Law

Professor MINGASHANG Ivon, President

Professor Jean-Berkcmans LABANA LASA Y'ABAR, Secretary

Professor Auguste MAMPUY A KANUNK'a- T., Promoter and Effective Member

Professor Raphaêl NYABIRUNGU mwene SONGA, Full Member

Professor Gervais NTIRUMENYERW TO Mr. KIMONYO, Full Member

Professor Benjamin MULAMBA MBUYI, Alternate Member

Professor Nicole NTUMBA BW ATSHIA, Alternate Member

SUMMARY

This study is intended to be both fundamental and applied research on the use of force by the UN. Situated at the heart of the problem of the inadequacy of the Security Council's coercive measures, the study offers a critical framework for research and clarification of the appropriate modality of the use of force, between so-called "robust" peacekeeping and peace enforcement, within the specific framework of the coexistence of cooperative and coercive forces. This thesis is based on the postulate that the provision (integration) of a coercive force - the Intervention Brigade - for the benefit of a cooperative OMP force,
MONUSCO – makes the concept of the use of force ambiguous in this context. It emerges that at the theoretical level, the current UN doctrine on the use of force struggles to offer a criterion for clearly distinguishing these two modalities of the use of force, which is otherwise characterized by a scattered practice. Hence, following an analysis of the substantive criteria – the nature of the situation or disturbance of the peace requiring the said use of force; the mandates of the forces present; the recipients of the coercive measures and whether or not the consent of the parties is taken into account – and those of form – OMP + State or regional coercive forces, at the strategic, operational or tactical level – this thesis proposes a distinctive definition of these two modalities of the use of force. Based on the United Nations Charter and in view of the materiality of the situation in the DRC, the study outlines as a model the combination of OMP + autonomous coercive force – at strategic level, internal or external to the UN – as a means of peace enforcement rather than “robust” peacekeeping such as
that has been organized since resolution 2098 (2013) of the United Nations Security Council.

ABSTRACT

The CUITentstudy wishes to be a fundamental and applied research at the same time from the use of force by UN. Situated at the heart of the problem of the unsuitability of the coercive measures of the Security council, the survey offers a critical setting of research and precision of the appropriate mode of the use of force, between the “Robust” Peace keeping and the Peace enforcement, in the precise setting of the coexistence of cooperative and coercive operations. This thesis finds on the assumption that the stake to the disposition of a coercive operation – the Brigade of intervention – to the profit of a cooperative operation – the
MONUSCO – returns ambiguous the concept of the use of force in this setting. It clears itself that to the level of the theory, the present UN doctrine of the use of force works bard to offer a raUy of clean distinction of these two modes of the use of force, of the rest characterized by a scattered practice. Of where, following an analysis of the bottom criteria – the nature of the situation or trouble to the peace requiring the above mentioned recourse to strength; the mandates of operations in presence; the recipients of the coercive measures and the hold in account or no consent with the parts – and those of shape – state-controlled or regional
coercive OMP + Forces, of strategy, operational or tactical level – this thesis proposes a distinctive definition of these two modes of the use of force. Founding on the United Nations Charter and within sight of the materiality of the situation in DRC, the study sketches OMP model in combination + autonomous coercive operation – of strategy, internal or outside level to the UN – to the title of Peace enforcement rather than of a “Robust” Peace keeping as organized since the resolution 2098 (2013) of the United Nations Security council.