Peacekeeping in Eastern Ukraine: The Legitimacy of a Request and The Competence of the United Nations General Assembly

In the last two years, the conflict in Eastern Ukraine has been analysed by legal experts in relation to the possible secession of the eastern territories and its legal and political consequences. Less attention has been given to a peaceful settlement of the dispute through the deployment of UN peacekeeping forces. The ‘peacekeeping solution’ is quite appealing, but it is not straightforward, due to the Russian opposition in the Security Council. In order to adopt it, the international community needs to bypass the Security Council’s deadlock using an alternative process. This article discusses the possibility of having a peacekeeping operation in Eastern Ukraine established by the UN General Assembly. Traditionally, the UN Security Council is considered the organ competent for the deployment of peacekeeping operations. Taking a differentiated approach, and recalling the ‘Uniting for Peace’ Resolution, the author argues that there can be a role of the General Assembly on the matter. The analysis focuses on two points: (i) the legitimacy of a Ukrainian request, giving attention to the factual situation in Eastern Ukraine and to the legal conditions under which a UN peacekeeping mission can lawfully operate; and (ii) the competence of the UN General Assembly in authorizing peacekeeping operations in Eastern Ukraine, considering both its traditional function and the legal basis that supports a different interpretation of its role in maintaining international peace and security