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This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.
The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.
This book discusses the legal responsibility of UN peacekeepers for the protection of civilians under international legal regimes, particularly international human rights law, international humanitarian law, international refugee law, and occupation law. It considers both negative and positive obligations, that is, a duty to respect or not violate a particular right directly and a duty to take positive action to secure or protect a particular right, respectively. In addition, it describes the standards and methods, as well as their strengths and weaknesses, by which actors in UN peacekeeping operations, including the UN, troop contributing countries, and individual peacekeepers, can be held accountable for third-party claims and allegations of criminal misconduct against UN peacekeepers for violations of responsibility in peacekeeping operations. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of International Law, International Humanitarian Law, International Human Rights Law, and International Relations.
"A collection of key law and policy documents, and notes relevant to UN peace operations" --Pref.
The deployment of a large number of soldiers, police officers and civilian personnel inevitably has various effects on the host society and economy, not all of which are in keeping with the peacekeeping mandate and intent or are easily discernible prior to the intervention. This book is one of the first attempts to improve our understanding of unintended consequences of peacekeeping operations, by bringing together field experiences and academic analysis. The aim of the book is not to discredit peace operations but rather to improve the way in which such operations are planned and managed.
The Oxford Handbook on United Nations Peacekeeping Operations presents an innovative, authoritative, and accessible examination and critique of the United Nations peacekeeping operations. Since the late 1940s, but particularly since the end of the cold war, peacekeeping has been a central part of the core activities of the United Nations and a major process in global security governance and the management of international relations in general. The volume will present a chronological analysis, designed to provide a comprehensive perspective that highlights the evolution of UN peacekeeping and offers a detailed picture of how the decisions of UN bureaucrats and national governments on the set-up and design of particular UN missions were, and remain, influenced by the impact of preceding operations. The volume will bring together leading scholars and senior practitioners in order to provide overviews and analyses of all 65 peacekeeping operations that have been carried out by the United Nations since 1948. As with all Oxford Handbooks, the volume will be agenda-setting in importance, providing the authoritative point of reference for all those working throughout international relations and beyond.
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
This volume examines the roles, methods, and effectiveness of the International Committee of the Red Cross (ICRC) and the Office of the UN High Commissioner for Refugees (UNHCR) in protecting civilians in internal armed conflicts.
Historical review of civilian protection by UN peacekeepers -- The extent to which peacekeeping and other multi-national forces have a general 'responsibility to protect' under international humanitarian law -- The extent to which peacekeeping and other multi-national forces have a general 'responsibility to protect' under international human rights law -- The applicability of occupation law to peacekeeping and other multi-national operations -- Implications for peacekeepers and other multi-national forces.