International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen

Abstract

Peace mediation as a form of peaceful settlement of disputes has evolved significantly in the past 20 years, moving away from an informal process between parties towards a more structured undertaking rooted in norms and values of international law. Sitting between Chapter VI and Chapter VII of the UN Charter, mediation is an underexplored aspect of the collective security regime in international law. Surprisingly little attention has been paid to the role of the UN Security Council (UNSC) and the exercise of legal authority under Chapter VII in shaping mediation mandates. This article addresses this gap by developing a theoretical framework for understanding the role of UNSC in the construction of security in the context of peacemaking. Using the mandate of the Office of the Special Envoy for Yemen as a case study, the article traces the progression of the mediation mandate a set out in the UNSC resolutions, interrogating the shift in discourse from UN support for an inclusive political transition into a narrower focus on hard security and the international response to the threat of terrorism. Through this analysis the article demonstrates how the place of UNSC within the Charter system allows for a gradual securitisation of the peace mediation process at the expense of inclusive approaches. At a time when consensus on collective security appears to be weakening the role of the UNSC in constructing and responding to global threats is of significant interest to the future of Charter-based international peace and security.