Dáil Éireann Debate, Thursday - 12 June 2025
30. Deputy Roderic O'Gorman asked the Tánaiste and Minister for Defence to outline his Department's understanding of the distinction between 'peacekeeping' and 'peace-enforcement' missions under the UN framework; how this will be reflected in the amending legislation he is bringing forward with respect to the triple lock; and if he will make a statement on the matter. [30078/25]
Amharc ar fhreagra69. Deputy Sinéad Gibney asked the Tánaiste and Minister for Defence the reason, under the Government’s proposed changes to the triple lock, adherence to the principles of the UN Charter and international law underpin deployment of troops instead of adherence to the UN Charter and international law; and if he will make a statement on the matter. [31238/25]
Amharc ar fhreagra71. Deputy Paul Murphy asked the Tánaiste and Minister for Defence if the general scheme of the defence (amendment) Bill 2025 enables Irish troops to be sent abroad as part of an international force that has not been approved by the UN and is not a peacekeeping, peace enforcement or conflict prevention force. [31230/25]
Amharc ar fhreagra78. Deputy Paul Murphy asked the Tánaiste and Minister for Defence if a UN General Assembly resolution that endorses, supports, approves or otherwise sanctions an international force or body satisfies the legal requirements of the triple lock, irrespective of whether a UN General Assembly resolution is legally binding in an international law context or not; and if he will make a statement on the matter. [31227/25]
Amharc ar fhreagraI propose to take Questions Nos. 30, 69, 71 and 78 together.
The UN Charter unequivocally gives the Security Council primary responsibility for the maintenance of international peace and security. In practice, peacekeeping or peace enforcement operations are only ever deployed on the basis of mandates from the UN Security Council. In fulfilling this responsibility, the Council may adopt a range of measures, including the establishment of a UN peace operation.
Operations established under Chapter 6 of the UN Charter have been associated with traditional peacekeeping where the UN acts as a monitoring, patrolling and observing force after peace has been established. Whereas Chapter 7 operations are generally associated with peace enforcement, where they operate in a more volatile post conflict setting.
Any legislative distinction between peacekeeping and peace enforcement in the Defence (Amendment) Bill 2025 would be impractical, especially in the current global security climate when peace enforcement operations are becoming more and more necessary. Of the 11 current UN Peace Operations, 6 are Chapter 6 peacekeeping and 5 are Chapter 7 - peace enforcement. All the current UN missions in Africa are peace enforcement.
Peacekeeping is based on the principles of the UN Charter, which are set out in Article 2 of the Charter and which supports the principles of international law as referenced in Article 1 of the Charter.
In the Defence Amendment Bill, the Government remains fully committed to ensuring that in considering deployments to peace operations, that we adhere to the principles of international law and the UN Charter.
Under the proposed changes to the triple lock, the deployment of Defence Forces personnel overseas will continue to be firmly grounded in these principles. These principles will be refined to provide appropriate legal effect during the drafting process. I wish to reassure those that have concerns in this regard that as part of the legislative process, safeguards will be developed to ensure continued adherence to international law.
I will consider any proposals on this matter and in that regard look forward to the PLS report.
As set out in the 2006 Defence (Amendment) Act, the UN requirements under the triple lock would be satisfied by the approval of the UN's General Assembly. Unfortunately, however this does not happen in practice. The UN's General Assembly can only make recommendations to Member States, resolutions of the General Assembly cannot compel action. Therefore, UN peace operations are only ever deployed on the basis of mandates from the United Nations Security Council, and overseas deployments to peace operations involving the Defence Forces has only ever taken place on the basis of a Security Council mandate.
The amendments proposed to the legislation will permit the deployment as part of an International Force for the purposes of peace operations, which encompass not only peacekeeping, peace enforcement and conflict prevention but will also include provision for purposes or strengthening international security. Such deployments will, as outlined already, be consistent with the principles of the United Nations Charter and international law. The definition of ‘International force’ in the General Scheme refers to the UN, the Organisation for Cooperation and Security in Europe (OSCE), the EU and "any other regional arrangement or body that operates in a manner consistent with the UN charter and international law." It’s important to note that peace operations under ‘regional arrangements’ (meaning bodies like the EU, OSCE, etc.) are already explicitly permitted by Chapter 8 of the UN Charter so the suggested change in the legislation will ensure Ireland’s deployment under these arrangements is fully in accordance with the letter as well as the spirit of the UN Charter.
