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.[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, as publicly available. 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 2005 Annual Report of the New Zealand Defence Force, Chief of Defence Force Air Marshall Fergusson described the participation of the armed forces in United Nations and other multi-national peace support operations as reinforcing New Zealand’s wider commitment to collective security. He summarised operational activities as including “contributions to the war against terrorism, United Nations reconstruction tasks, and demining and peace keeping operations”, and “assistance to the earthquake-induced tsunami in the Indian Ocean”.[1]
Since the establishment of the International Force in East Timor (INTERFET) in September 1999,[2] and until November 2002, the New Zealand Defence Force maintained an Infantry Battalion Group and a Helicopter Detachment in East Timor.[2] The principal tasks of the New Zealand contribution were to provide border security in the New Zealand sector, helicopter support to the force, staff officers to UN Headquarters, and training support to the East Timor Defence Force.[3] With the independence of East Timor (now called Timor Leste) in May 2002,[4] the United Nations Transitional Administration in East Timor (UNTAET) mission was concluded and replaced by the United Nations Mission in Support of East Timor (UNMISET).[5]
Following the establishment of UNMISET, the New Zealand Battalion Group returned to New Zealand in November 2002.[6] New Zealand maintained military observers, staff officers and training assistance in the country from that time and up to the close of UNMISET at the end of May 2005.[7] In its place, the UN Security Council has established the United Nations Office in Timor-Leste (UNOTIL), a one-year mission aimed at supporting the development of the police and other critical State infrastructures, and providing training in the observance of democratic governance and human rights.[8] NZDF personnel deployed in Timor-Leste, now reduced to four personnel on six-month rotations. One works as a Military Training Advisor to UNOTIL, and three work as military advisors to F-FDTL.[9]
New Zealand has contributed up to six Military Observers per year to the United Nations Military Observers in East Timor / Timor Leste since 1999. Until the close of UNMISET in May 2005, there were four New Zealand observers deployed to Timor Leste.[10] With the conclusion of that mandate, there are now no New Zealand Military Observers in the region.
Following the return of the New Zealand Battalion Group in November 2002, and up to the conclusion of UNMISET, New Zealand committed three personnel in Dili (two as military observers and one as military assistant to the Force Commander).[11] This has been reduced to one Defence Force officer attached to UNOTIL as a Military Training Advisor.[12]
Task Group Kaihanga had seen New Zealand contribute a 22-strong Training Assistance Team to assist the developing Portuguese-sponsored Falantil Force Defence Timor Leste (F-FDTL).[13] This contribution has again been reduced with the close of UNMISET. Two NZDF officers are now attached to the Office of Defence Force Development, as military advisors to the F-FDTL. One Warrant Officer, based at Metinaro Camp, provides small arms training to the F-FDTL.[14]
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.[15] A significant number of NZDF personnel have 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. By mid 2004, a New Zealand commitment of 88 personnel was in the Solomon Islands, consisting of a command element, an infantry platoon and two UH-1H helicopters.[16]
This was further reduced to a platoon of no more than 40 personnel by October 2004.[17] With the exception of a single staff officer deployed in the RAMSI Headquarters, the remaining Defence Force personnel returned to New Zealand on 7 February 2005, after being replaced by a Fijian platoon. The Defence Force reports that a further NZDF platoon is likely to be sent to the Solomons at a later date.[18]
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 contingent of approximately 90 personnel again provided terminal and logistic support operations at Christchurch, McMurdo Station and Scott Base from October 2004 to February 2005.[19] 15 RNZAF C130 flights were also provided.
Following the establishment of the Cambodian Mine Action Centre (CMAC) in 1993,[20] the NZDF has provided two staff officers to the Centre’s headquarters in Phnom Penh since 1996.[21] The two officers served in positions of Technical Advisor (Operations) and Technical Advisor (Logistics) to the CMAC.[22] The New Zealand Defence Force Contribution to this mission ceased in April 2005.[23]
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 was deployed in late June 2004 as an assistant operations officer within Head Quarters United Nations Command Military Armistice Commission (UNCMAC) in Korea.[24] Two more staff officers deploy in September 2005.
The NZDF contributes de-mining specialists (advisers and trainers) under the United Nations Mine Action Service (UNMAS) programme in Iraq.[25] 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).[26]
Following the adoption by the United Nations Security Council of its Resolution 1483,[2] the New Zealand Government deployed to southern Iraq an engineer group of 61 personnel (including support staff).[2] The Defence Force 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.[28] The final engineer rotation returned to New Zealand in September 2004.[29]
UNAMI was established in August 2003 by Security Council Resolution 1500 to support the Secretary-General to fulfil the mandate in Iraq under Resolution 1483. The New Zealand Defence Force now contributes one officer to the United Nations Assistance Mission in Iraq.[30]
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.[31] A 26-person contingent from the NZDF provided expertise in defence force operations and training to the MFO.[32]
New Zealand’s contribution to the United Nations Truce and Supervisory Organization (UNTSO)[33] 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).[34] Eight NZDF personnel now serve at a variety of locations in Israel, Lebanon and Syria with UNTSO.[35] In addition, New Zealand Army officer Major General Clive Lilley, is UNTSO’s Chief of Staff and Head of Mission.[36]
New Zealand Defence Force contributions to Operation Enduring Freedom and the International Security Assistance Force (ISAF) are collectively known as Operation Ariki, made up of several component task groups. It should be noted that, having been established under the mandate of Security Council Resolution 1386 (and subsequent related resolutions),[37] ISAF is quite separate to the US-led Operation Enduring Freedom which acts as a collective self-defence action.[38]
Continuing New Zealand’s commitment to the peacekeeping work of the International Security Assistance Force, two NZDF staff officers and a driver serve at the ISAF headquarters in Kabul.[3] The New Zealand staff officers work as a specialist de-mining advisor and the other as an infrastructure reconstruction advisor.[39]
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.[40] Leading 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.[41]
The New Zealand Defence Force contributes one military liaison officer to the United Nations Assistance Mission in Afghanistan (UNAMA)[42] to interface between the United Nations and the Afghan authorities.[43]
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.[44]
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).[45] Two officers have worked in the intelligence section of the Headquarters, and one in the operations section.[46] The intelligence positions are now reduced to one person only.
Three 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.[47] The officers represent the New Zealand Chief of Defence Force and assist with coalition planning for Operation Enduring Freedom.[48]
Fifty New Zealand Special Air Service (SAS) personnel were re-deployed to Afghanistan in June 2005 for a period of up to 180 days.[49] The SAS personnel are commanded by a New Zealand officer and specialise in the planning and execution of long-range reconnaissance and direct action missions inside Afghanistan. They operate with other special forces from countries contributing to coalition forces in Afghanistan.[50]
This was the third rotation of SAS personnel to Afghanistan. The second rotation had been deployed in April 2004, again for a period of 180 days.[51]
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.[52] HMNZS Te Mana commenced its second deployment in that role in 2004, monitoring shipping activity and tasked with gathering intelligence, intercepting and boarding vessels, and, if necessary, identifying and detaining Al-Qaida and Taliban personnel.[53]
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 the United Nations Protection Force (UNPROFOR) in 1994.[54] The New Zealand Defence Force continues to be involved in two operations in the country.
Three staff officers support the Liaison and Observation Team Headquarters in Banja Luka, Bosnia.[55]
An eight-person Liaison and Observation Team (LOT) - reduced from an initial contribution of 20 which had been deployed in March 2003[56] - was attached to British units of the North Atlantic Treaty Organization Stabilization Forces in Bosnia (SFOR) until the termination of SFOR at the end of 2004.[57] SFOR’s mandate to implement the peace agreement in Bosnia was replaced in December 2004 with a European Union-led force (EUFOR).[58] Continuing to be attached to the British contingent of EUFOR, the New Zealand personnel comprise an eight person LOT.[59]
In June 1999, the Security Council authorised the establishment of an interim civil administration in Kosovo, the United Nations Mission in Kosovo (UNMIK).[60] The NZDF continues to commit one staff officer each year as a Military Liaison Officer with the UNMIK Headquarters in Pristina, Kosovo.[61]
The United Nations Assistance Mission in Sierra Leone (UNAMSIL) began in October 1999,[62] with changing mandates according to the risk of civil war in the country. New Zealand initially deployed eight Military Observers to Sierra Leone, but since the change of mandate in October 1999, it has committed one Military Observer to UNAMSIL each year.[63] New Zealand’s contribution to UNAMSIL terminated in June 2005, coinciding with UNAMSIL’s planned withdrawal from Sierra Leone by the end of this year.[64]
New Zealand has been involved in operations in Mozambique since a little before the establishment of the United Nations De-Mining Mission in September 1994.[65] Two New Zealand Defence Force personnel continued to support this mission until its conclusion in June 2005.[66]
* Dr Alex Conte, Senior Lecturer in International Law, University of Canterbury. The author acknowledges, with thanks, the assistance of Lt Col Justin Emerson and staff at Headquarters Joint Forces New Zealand in verifying the accuracy of details contained in this review (as at September 2005).
1 This review is directly sourced from the latest available Annual Report of the New Zealand Defence Force for the year ended 30 June 2005, 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, ‘New Zealand Defence Force Missions’, online: <http://www.nzdf.mil.nz/operations/current-missions.html> (last accessed 6 September 2005). Note that some of the details cited on the latter website did not reflect, at the date of last access, the position at September 2005. Where a difference between details on the website and this review occur, this is due to information kindly provided to the author from Headquarters Joint Forces New Zealand.
[1] Report of the New Zealand Defence Force for the year ended 30 June 2005, ibid 7-8.
3 Under the authority of SC Res 1[2]64, UN SCOR, 4045th mtg, UN Doc SC/Res/4045 (1999).
2 See Alex Conte, ‘New Zealand Defence Force Activity’ (2004) 1 New Zealand Yearbook of International Law 323.
[3] New Zealand Defence Force website, ‘Timor Leste’, online: <http://www.nzdf.mil.nz/
operations/missions/timore-leste-update.htm> (last accessed 7 September 2005).
[4] Timor Leste became the 191st member of the United Nations (with membership only open to independent States - see Charter of the United Nations, art 4(1)). The Democratic Republic of Timor Leste was admitted to membership in the United Nations under GA Res 57/3, UN GAOR, 57th sess, 20th plen mtg, UN Doc G/Res/57/3 (2002).
[5] UNTAET had been established under SC Res 1272, UN SCOR, 4057th mtg, UN Doc S/Res/1272 (1999). Its successor, UNMISET, was established pursuant to SC Res 1410, UN SCOR, 4534th mtg, UN Doc S/Res/1410 (2002).
[6] New Zealand Defence Force website, above n 1, item 2.
[7] New Zealand Defence Force website, above n 5.
[8] SC Res 1599, UN SCOR, 5171st mtg, UN Doc S/Res/1599 (2005), para 2 in particular.
[9] New Zealand Defence Force website, above n 5. See also the New Zealand Defence Force Annual Report, above n 2, 101.
[10] New Zealand Defence Force website, above n 1, item 1.
[11] New Zealand Defence Force website, above n 1, item 2.
[12] New Zealand Defence Force website, above n 5.
[13] New Zealand Defence Force website, above n 1, item 3.
[14] New Zealand Defence Force website, above n 5.
[15] New Zealand Defence Force website, above n 1, item 13.
[16] Annual Report of the New Zealand Defence Force for the year ended 30 June 2004, presented to the House of Representatives pursuant to section 39 of the Public Finance Act 1989 and section 91 of the Defence Act 1990, 23.
[17] New Zealand Defence Force website, above n 1, item 13. See also the New Zealand Defence Force Annual Report, above n 2, 101.
[18] Ibid.
[19] New Zealand Defence Force Annual Report for 2004, above n 18, 22.
[20] The Cambodian Mine Action Centre was established by the United Nations Transitional Authority in Cambodia (UNTAC) and prior to the termination and withdrawal of UNTAC in September 1993: see the website of the Cambodian Mine Action Centre, online: <http://www.cmac.org.kh/Aboutcmac.htm> (last accessed 7 September 2005).
[21] Conte, above n 4, 326.
[22] New Zealand Defence Force Annual Report, above n 2, 102; and New Zealand Defence Force website, above n 1, item 12.
[23] New Zealand Defence Force Annual Report, above n 2, 102.
[24] New Zealand Defence Force Annual Report 2004, above n 18, 23. The United Nations Command Military Armistice Commission in Korea was established in July 1953 to supervise the armistice agreement between South Korea, and North Korea and the People’s Republic of China.
[25] Above n 3, 327. The United Nations Mine Action Service (UNMAS) was established by the United Nations General Assembly in 1997 to serve as the UN focal point for mine action. UNMAS is a division of the United Nations Department of Peacekeeping Operations.
[26] Above n 2, 23.
[2]9 SC Res 1483, UN SCOR, 4761st mtg, UN Doc S/Res/1483 (2003).
27 New Zealand Defence Force website, above n 1, item 17.
[28] Ibid. See also the New Zealand Defence Force Annual Report, above n 2, 102.
[29] New Zealand Defence Force website, above n 1, item 17.
[30] Ibid. See also the New Zealand Defence Force Annual Report, above n 2, 102. The United Nations Assistance Mission in Iraq was established in 2003 under SC Res 1500, UN SCOR, 4808th mtg, UN Doc S/Res/1500 (2003).
[31] Conte, above n 4, 327. The Multinational Force and Observers was established, outside the mandate of the United Nations, following the conclusion on 3 August 1981 of the Protocol Concerning Israeli Withdrawal and Security Arrangements (a protocol to the 1979 Treaty of Peace Between the Arab Republic of Egypt and the State of Israel).
[32] New Zealand Defence Force Annual Report, above n 2, 102.
[33] The United Nations Truce and Supervisory Organization was established in Palestine at the end of 1948.
[34] Conte, above n 4, 327.
[35] See: New Zealand Defence Force website, above n 1, item 7; and New Zealand Defence Force Annual Report, above n 2, 102.
[36] New Zealand Defence Force website, above n 1, item 7. See also the New Zealand Defence Force Annual Report, above n 2, 102.
[37] SC Res 1386, UN SCOR, 4443rd mtg, UN Doc S/Res/1386 (2001).
[38] Operation Enduring Freedom is a military operation conducted in reliance upon the self-defence provision of the Charter of the United Nations, art 51. See, for example, the notices of the United State and United Kingdom to the United Nations Secretary-General: letter from the United States Ambassador to the United Nations, John Negroponte, to the President of the United Nations Security Council, 7 October 2001; and letter from the United Kingdom Mission to the United Nations, Stewart Eldon, to the President of the United Nations Security Council, 7 October 2001. It was also noted in the New Zealand Government’s Press Release of March 2003, that this operation functions as collective self-defence action under art 51 of the UN Charter: see New Zealand Government Press Release, ‘NZDF Involvement in Operation Enduring Freedom’, Scoop Independent News 6 March 2003, online: <http://www.scoop.co.nz/stories/PA0303/S00076.htm> (last accessed 19 April 2005).
42 New Zealand Defence Force website, above n 1, item 10; and New Zealand Defence Force Annual Report, above n 2, 101.
[39] New Zealand Government Press Release, ‘NZDF Involvement in Operation Enduring Freedom’, Scoop Independent News 6 March 2003, online: <http://www.scoop.co.nz/
stories/PA0303/S00076.htm> (last accessed 19 April 2005).
[40] New Zealand Defence Force website, above n 1, item 14. See also the New Zealand Defence Force Annual Report, above n 2, 102.
[41] For a reasonably detailed overview of the work of Defence Force personnel under Task Group Crib, see the New Zealand Defence Force website, ‘Task Group Crib’, online: <http://www.nzdf.mil.nz/operations/crib-faq.html> (last accessed 19 April 2005).
[42] Initially established for a period of twelve months (although subsequently extended) under SC Res 1401, UN SCOR, 4501st mtg, UN Doc S/Res/1401 (2002).
[43] New Zealand Defence Force website, above n 1, item 15. See also the New Zealand Defence Force Annual Report, above n 2, 102.
[44] New Zealand Defence Force website, above n 1, item 18.
[45] New Zealand Defence Force website, above n 1, item 11. See also New Zealand Government Press Release, above n 41, 22.
[46] New Zealand Government Press Release, above n 41, 22.
[47] See: New Zealand Defence Force website, above n 1, item 16; and New Zealand Government Press Release, above n 41, 22. See also the New Zealand Defence Force Annual Report, above n 2, 102.
[48] Ibid.
[49] Offices of the Prime Minister and Minister of Defence, ‘Further New Zealand Contributions to Afghanistan and the International Campaign against Terrorism’ (Press Release, 1 June 2005). See also the New Zealand Defence Force Annual Report, above n 2, 102.
[50] Ibid.
[51] Rt Hon Helen Clark, ‘Further New Zealand Contributions to Afghanistan, International Campaign against Terrorism’ (Press Release, 8 March 2004).
[52] New Zealand Government Press Release, above n 41, 22.
[53] Ibid. See also the Defence Force website, above n 1, item 19.
[54] Conte, above n 4, 328. The United Nations Protection Force in the former Yugoslavia was established in 1992 under SC Res 743, UN SCOR, 3055th mtg, UN Doc S/Res/743 (1992).
[55] See: New Zealand Defence Force website, above n 1, item 4; and New Zealand Defence Force Annual Report, above n 2, 102.
[56] Conte, above n 4, 328.
[57] New Zealand Defence Force Annual Report, above n 2, 102.
[58] North Atlantic Treaty Organization website, ‘NATO ends SFOR mission’,
online: <http://www.nato.int/docu/update/2004/12-december/e1202a.htm> (last accessed
7 September 2005).
[59] New Zealand Ministry of Foreign Affairs and Trade website, ‘New Zealand's Current Contributions to Peace Support Operations’, online: <http://www.mfat.govt.nz/foreign/
spd/peacekeeping/pkoinfo.html#Bosnia-Herzegovina> (last accessed 7 September 2005). See also the New Zealand Defence Force Annual Report, above n 2, 102.
[60] SC Res 1244, UN SCOR, 4011th mtg, UN Doc S/Res/1244 (1999).
[61] See: New Zealand Defence Force website, above n 1, item 5; and New Zealand Defence Force Annual Report, above n 2, 102.
[62] SC Res 1270, UN SCOR, 4054th mtg, UN Doc S/Res/1270 (1999).
[63] See: New Zealand Defence Force website, above n 1, item 8; and New Zealand Defence Force Annual Report, above n 2, 103.
[64] New Zealand Defence Force Press Release, ‘NZDF Withdraws from Mozambique and Sierra Leone’, 30 June 2005, online: <http://www.scoop.co.nz/stories/PO0506/
S00322.htm> (last accessed 7 September 2005).
[65] New Zealand Defence Force website, above n 1, item 9.
[66] See: New Zealand Defence Force website, above n 1, item 9; and New Zealand Defence Force Annual Report, above n 2, 103. See also the New Zealand Defence Force Press Release, above n 67.
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