New Zealand Yearbook of International Law
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Alex Conte*
This piece provides an overview of New Zealand Defence Force (NZDF) operations undertaken or contributed to during the Yearbook period from July 2003 to June 2004.[1] Titles to each part first identify the multinational and United Nations names given to operations and are followed, where appropriate, by the NZDF operation and task group names. Consideration is given to operationally deployed personnel in the Pacific, Antarctica, Asia, the Middle East and Arabian Sea, Europe, and Africa.
In his introduction to the 2004 Annual Report of the New Zealand Defence Force, and the subsequent discussion of the strategic environment in with the Defence Force operates, Chief of Defence Force Air Marshall Fergusson said this:[1]
The NZDF’s high operational tempo has continued unabated throughout 2003-2004. Defence force personnel have responded to numerous and diverse tasks both overseas and at home. From assisting with flood relief in New Zealand and Vanuatu, to reconstruction and peace support efforts in Iraq and the Solomons, through to operations in the Arabian Gulf and combat operations in Afghanistan, the Defence Force team has once again earned praise both at home and abroad.
…
The current environment continues to present a growing number of non-conventional security challenges that have implications for New Zealand’s strategic interests. The New Zealand Defence Force trains for conventional military operations but retains the flexibility and versatility to contribute to international efforts to counter terrorism, to contain the fall-out from increasing intra-state conflict, to respond to the breakdown of law and order in failing states and to provide support for efforts to counter transnational criminal activity.
The reputation our forces have justly acquired for their services in numerous locations around the globe including Bosnia, East Timor, Solomon Islands, Iraq, and Afghanistan, has led to increasing calls for our participation in a range of operations. As a small but professional, versatile and adaptable defence force, the NZDF stands ready to play a role in helping the Government respond to pressing regional and international security issues.
Terrorism remains a significant and serious threat in the region with Al Qaeda affiliates, such as Jemaah Islamiyah, linked to a number of high profile and deadly incidents. The tragedy in Bali and the bombing at the JW Marriott Hotel in Jakarta were two very graphic examples. For this reason counter-terrorism missions in support of Operation Enduring Freedom have remained a significant focus for the NZDF over the past 12 months. New Zealand was among the first countries to contribute military assets to the international campaign against terrorism, and to support enhancement of security and the rebuilding of society in Afghanistan. We remain one of the largest per capita contributors to Operation Enduring Freedom and our participation indicates the priority the New Zealand Government has placed on international efforts to respond to threats from terrorism.
The New Zealand Defence Force maintained an Infantry Battalion Group and a Helicopter Detachment in Timor Leste since the establishment of the International Force in East Timor (INTERFET) in September 1999 and until November 2002.[2] The NZDF continues to contribute to United Nations Military Observers in the area. Eight personnel remained in support of the United Nations Mission in Support of East Timor (UNMISET) and the Office of Defence Force Development (ODFD).[3]
The Regional Assistance Mission in the Solomon Islands (RAMSI) commenced in late July 2003 following a request for assistance to restore law and order from the Solomon Islands Government.[4] Approximately 105 NZDF personnel deployed to the Solomon Islands as part of the Australian-led multinational deployment. The initial deployment included a command element, infantry company, engineers, combat service support personnel and RNZAF UH-1H helicopter detachment consisting of four helicopters. The current commitment of 88 personnel consists of a command element, an infantry platoon and two UH-1H helicopters.[5]
This mission usually operates from August to February each year and involves teams of personnel supporting activities of Antarctica New Zealand and the United States Antarctic Programme, within New Zealand and on the Antarctic continent. A total of 92 NZDF personnel again provided terminal and logistic support operations at Christchurch, McMurdo Station and Scott Base during the period from October 2003 to February 2004.[6]
Following the establishment of the Cambodian Mine Action Centre (CMAC) in 1993, the NZDF has provided two staff officers to the Centre’s headquarters in Phnom Penh since 1996.[7] Two officers again served in positions of Technical Advisor (Operations) and Technical Advisor (Logistics) to CMAC.[8]
Eleven Defence Force personnel departed New Zealand in March 2003 for a tour with the United Nations Command Honour Guard Company in Seoul, returning to New Zealand in August 2004. One NZDF staff officer deployed in late June 2004 as an assistant operations officer within Head Quarters United Nations Command Military Armistice Commission (UNCMAC) in Korea..[9]
The NZDF contributes de-mining specialists (advisers and trainers) under the United Nations Mine Action Service (UNMAS) programme in Iraq.[10] Two officers served with UNMAS from June to December 2003 (one as an Operations Officer in Baghdad and the other as a Liaison Officer in Basra).[11]
Following the adoption by the United Nations Security Council of Resolution 1483,[12] the New Zealand Government deployed to southern Iraq an engineer group of 61 personnel.[13] The NZDF personnel worked alongside the Multi-National Division South East (MNDSE) conducting humanitarian aid tasks and reconstruction projects in Basra with British and other nations’ forces under British control.[14]
New Zealand has continued with its commitment (since 1982) to the Multinational Force and Observers (MFO) based at El Gorah in the north of the Sinai Peninsula.[15] A 27-person contingent from the NZDF provided expertise in force operations and training to the MFO.[16]
Operation Scoria
New Zealand’s contribution to the United Nations Truce and Supervisory Organisation (UNTSO) through the provision of military observers ceased in late 2002 due to violence in the area and after a long period of contribution (since 1954).[17] The Defence Force’s Annual Report for 2004 reports that eight NZDF personnel served at a variety of locations in Israel, Lebanon and Syria with UNTSO for the period to the end of June 2004.[18]
New Zealand Defence Force contributions to Operation Enduring Freedom and the International Security Assistance Force are collectively known as Operation Ariki. Operation Ariki is made up of several component task groups.
Continuing New Zealand’s commitment to the peacekeeping work of the International Security Assistance Force (ISAF), established under Security Council Resolution 1386,[19] four NZDF staff officers served at the ISAF headquarters in Kabul.[20] Under the mandate of Resolution 1386, ISAF is quite separate to the US-led Operation Enduring Freedom. Two of the four New Zealand staff officers work with the headquarters of ISAF, one as a specialist de-mining advisor and the other as an infrastructure reconstruction advisor.[21] The other two officers, involved in planning, personnel and administrative functions, are stationed with the subordinate HQ Kabul Multi-National Brigade.[22]
One hundred and four personnel from the three branches of the New Zealand Defence Force were deployed in September 2003 to be involved in reconstruction work in Afghanistan.[23] Leading one of the Provincial Reconstruction Teams in the Bamyan province, the New Zealand Team aims to “strengthen security and stability” in the province as part of the overall reconstruction effort in the country.[24]
The New Zealand Defence Force contributes one military liaison officer to the United Nations Assistance Mission in Afghanistan (UNAMA)[25] to interface between the United Nations and the Afghan authorities.[26]
As an adjunct to the work of the International Security Assistance Force, two New Zealand Defence Force personnel assist in the training of the Afghan National Army.[27]
New Zealand has had up to three staff officers deployed to the headquarters of Operation Enduring Freedom in Afghanistan, the US-led Coalition Joint Task Force (CJTF-180) in Bagram (the role of which is to command and control all coalition Operation Enduring Freedom operations in Afghanistan).[28] Two officers have worked in the intelligence section of the Headquarters, and one in the operations section.[29]
As noted in the New Zealand Government’s Press Release of March 2003, this operation functions as collective self-defence action under article 51 of the Charter of the United Nations.[30]
Four Defence Force liaison officers are stationed at the Headquarters of the United States Central Command (USCENTCOM) in Tampa, Florida, with coalition partners representing 46 other countries.[31] The officers represent the New Zealand Chief of Defence Force and assist with coalition planning for Operation Enduring Freedom.[32]
A Royal New Zealand Navy frigate has been deployed in support of maritime interdiction operations in the Gulf of Oman and Straights of Hormuz since December 2002, these operations broadly falling under Operation Enduring Freedom.[33] HMNZS Te Mana is currently on its second deployment in that role, monitoring shipping activity and tasked with gathering intelligence, intercepting and boarding vessels, and, if necessary, identifying and detaining al-Qaeda and Taliban personnel.[34]
New Zealand’s commitment to the Balkan States commenced with seven personnel in 1992. This deployment was followed by a New Zealand Army, Infantry Company Group to UNPROFOR in 1994.[35] The New Zealand Defence Force continues to be involved in two operations as part of the North Atlantic Treaty Organization’s Stabilization Force.
Six staff officers continue to support the Multinational Brigade (Sector North-West) Headquarters in Banja Luka, Bosnia.[36]
A ten-person contingent, reduced from an initial contribution of 20 which had been deployed in March 2003,[37] continues to be attached to British units of SFOR.[38]
In June 1999, the Security Council authorised the establishment of an interim civil administration in Kosovo, the United Nations Mission in Kosovo (UNMIK).[39] The NZDF continues to commit one staff officer each year as a Military Liaison Officer with the UNMIK Headquarters in Pristina, Kosovo.[40]
New Zealand continues to commit two military observers to the United Nations Assistance Mission in Sierra Leone (UNAMSIL).[41]
New Zealand has been involved in operations in Mozambique since the establishment of the United Nations de-mining mission in the country.[42] Two New Zealand Defence Force personnel continue to support this mission,[43] although this contribution is scheduled to end in June 2005.[44]
* Senior Lecturer in International Law, University of Canterbury.
1 This review of military operations is directly sourced from the Report of the New Zealand Defence Force for the year ended 30 June 2004 (which coincides with the 2005 Yearbook period), presented to the House of Representatives pursuant to section 39 of the Public Finance Act 1989 and section 91 of the Defence Act 1990; and from the New Zealand Defence Force website <http://www.nzdf.mil.nz/at-a-glance/current-missions.html> at 19 April 2005.
[1] Report of the New Zealand Defence Force for the year ended 30 June 2004, ibid, 7-8.
[2] See Alex Conte, ‘New Zealand Defence Force Activity’ (2004) 1 New Zealand Yearbook of International Law 323.
[3] Above n 2, 23.
[4] New Zealand Defence Force website <http://www.nzdf.mil.nz/at-a-glance/current-missions.html> at 19 April 2005, item 13.
[5] Above n 2, 23.
[6] Ibid, 22.
[7] Above n 3, 326.
[8] Above n 2, 23; and n 5, item 12.
[9] Above n 2, 23.
[10] Above n 3, 327.
[11] Above n 2, 23.
[12] SC Res 1483, UN SCOR, 57th sess, 4761st mtg, UN Doc S/Res/1483 (22 May 2003).
[13] Above n 5, item 17.
[14] Ibid; and above n 2, 23.
[15] Above n 3, 327.
[16] Above n 2, 23.
[17] Above n 3, 327.
[18] Above n 2, 23.
[19] SC Res 1386, UN SCOR, 56th sess, 4443rd mtg, UN Doc S/Res/1386 (20 December 2001).
[20] Above n 2, 22; and n 5, item 10.
[21] New Zealand Government Press Release, ‘NZDF Involvement in Operation Enduring Freedom’, Scoop Independent News 6 March 2003, <http://www.scoop.co.nz/stories/
PA0303/S00076.htm> at 19 April 2005.
[22] Ibid.
[23] Above n 5, item 14.
[24] For a reasonably detailed overview of the work of Defence Force personnel under Task Group Cracker, see the New Zealand Defence Force website <<http://www.nzdf.mil.nz/
operations/crib-faq.html> at 19 April 2005.
[25] Initially established for a period of twelve months (although subsequently extended) under SC Res 1401, UN SCOR, 56th sess, 4501st mtg, UN Doc S/Res/1401 (28 March 2002).
[26] Above n 5, item 15.
[27] Above n 5, item 18.
[28] Above n 5, item 11. See also New Zealand Government Press Release, above n 22.
[29] New Zealand Government Press Release, above n 22.
[30] Ibid.
[31] New Zealand Government Press Release, above n 22. Compare with the New Zealand Defence Force website, above n 5 item 16, which indicates that only three staff officers are deployed to USCENTCOM.
[32] Ibid.
[33] New Zealand Government Press Release, above n 22.
[34] Ibid. See also the Defence Force website, above n 5, item 19.
[35] Conte, above n 3, 328.
[36] Above n 2, 23. See also above n 5, item 4.
[37] Conte, above n 3, 328.
[38] Above n 2, 23.
[39] SC Res 1244, UN SCOR, 53rd sess, 4011st mtg, UN Doc S/Res/1244 (10 June 1999).
[40] Above n 2, 23. See also above n 5, item 5.
[41] Above n 2, 23. Compare with the New Zealand Defence Force website, above n 5, item 8, which records that New Zealand’s current commitment is just one military observer.
[42] Above n 5, item 9.
[43] Above n 2, 23.
[44] Above n 5, item 9.
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