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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.
One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.
Since the end of the Cold War and the emergence of “asymmetric” threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In order to achieve this goal, the handbook is structured as follows: after this introduction, Part II addresses the general question whether law enforcement shall be a PSO task. Law enforcement is perceived by some states as a matter of self-defense.Part III then addresses the limits and possibilities of law enforcement by PSO.The discussion continues with Part IV, which provides some practical tools for those deployed to the field. Part V focuses instead on law enforcement within PSO, illustrating problems related to the prosecution of members of PSO forces suspected of illegal activities, and Part VI then draws the conclusions.
This handbook provides a single comprehensive guide to the many areas of international law which are relevant to the planning and conduct of contemporary military operations. It also serves as an educational tool and academic reference for those in the classroom to the war zone.
International organizations have increasingly taken on state or quasi state-like functions in order to exercise control over individuals and societies, most pressingly in contexts of conflict and transition. Their engagement in peace operations has progressively widened, with mandates now regularly including the protection of civilian populations and, in several new operations, containing peace enforcement responsibilities with active combat duties. This increases the risk that their conduct may infringe human rights and international humanitarian law. This book explores the ways in which the principles of accountability and reparation apply to international organizations. When considering whether international organizations are obliged to afford reparation and to whom it is owed, as well as what it entails, we are confronted with the challenge of understanding how the law of responsibility intersects with specialized regimes of human rights and international humanitarian law, particularly in its application to individuals. The justifications for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure IOs independence from state influences and their capacity to engage in often difficult circumstances. Many, if not all, of these rationales remain relevant today, yet disciplinary, oversight, and judicial structures that exist in state administrations to promote accountability and forestall abuses have only partially been put into place for international organizations. At the same time, individuals affected by their conduct have had no, or only cursory recourse to domestic, regional and international courts and they have not been able to rely on their states of nationality to pursue claims on their behalf.
Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces.
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.
Participation in international peace operations has become a key component of the foreign policy strategy of many countries worldwide. Italy and China have been, and are currently, involved in various efforts to maintain and promote international peace and security, including Peacekeeping Operations (PKOs). This book offers a description of the two countries’ engagement in international peace operations, analyzing it through the lenses of law, sociology, history, and politics. The specific experiences of Italy and China provide an excellent opportunity for comparing and contrasting how and why foreign powers intervene in the name of peace. At the same time, this book focuses on a number of crucial challenges PKOs are currently facing (training of personnel, ensuring accountability, effectively assisting war-torn States in their rehabilitation effort), and tries to explain how Italy, China, and other international actors are trying to respond to the many dilemmas and contradictions of postwar peace. Contributors include academics from a wide range of disciplines and interests, diplomats, and practitioners involved in international peace operations.
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.