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The Protection of Civilians in Peacekeeping Operations: A Legal Obligation de Tamer Morris

The Protection of Civilians in Peacekeeping Operations: A Legal Obligation: International Humanitarian Law Series, cartea 71

Autor Tamer Morris
en Limba Engleză Hardback – 12 sep 2024
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
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Specificații

ISBN-13: 9789004707306
ISBN-10: 9004707301
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Humanitarian Law Series

Notă biografică

Tamer Morris, Ph.D. (2021), University of Sydney, is a lecturer in International Law at University of Sydney Law School.

Cuprins

Acknowledgement

Note on Previous Publications and Presentations

Introduction
1 The Evolution of the Protection of Civilians Mandate

2 Peacekeeping Structure and Deployment

3 Methodology


1The Legal Obligation to Protect Civilians
1 The Legal Obligation of the Protection of Civilians Mandate
1.1The Positive Obligation to Protect on tcc s and UN

1.2The Obligation on the UN

1.3The Obligation of the Host State


2 The Content of the Obligation to Protect
2.1Obligation to Protect under ihl

2.2Obligation to Protect in ihrl


3 Protection of Civilians and Humanitarian Intervention

4 Conclusion


2The Interpretation of Protection
1 What Is Protection?

2 Interpreting the Impossible Mandate
2.1Multi-Dimensional Peacekeeping


3 The Language of the Protection of Civilians Mandate
3.1Protection from Physical Violence


4 Qualifications to the Obligation to Protect
4.1Preventive Protection

4.2Proactive Protection and the Rise of Protection Forces


5 Protection and Promotion of Human Rights
5.1Human Rights Protection in UN Peacekeeping

5.2Social, Political and Economic Rights

5.3Humanitarian Protection


6 The Core ‘Constitutional’ Principles
6.1Consent

6.2Impartiality

6.3The Use of Force in Self-Defence


7 Conclusion


3Protection from threats of Physical Violence and ihl
1 Central Theme of Physical Violence
1.1The Focus on the Use of Force to Protect

1.2A Legal Indicator to the Use of Force


2 The Application of ihl in UN Peace Missions

3 Classification of Conflict Involving UN Peace Missions
3.1Status of Peacekeepers in Armed Conflict

3.2Scope and Duration of ihl


4 The Obligation to Protect and ihl
4.1Counter-Terrorist Measures


5 Priority of Protection and Self-Defence

6 Conclusion


4Law Enforcement under the Protection of Civilians Mandate
1 unpol in UN Peacekeeping

2 Protection of Civilians Mandate for unpol
2.1Protection against Sexual and Gender-Based Violence


3 Law Enforcement and Detention in UN Peace Missions

4 Detentions Made by Peacekeepers
4.1Legal Grounds for Detention

4.2Treatment of Security Detainees


5 Transferring and Releasing Detainees
5.1The Principle of Non-refoulement


6 Conclusion


5The Protection of Women and Children
1 Women and Children as ‘Vulnerable’ Civilians

2 Protection under the Maintenance of International Peace and Security

3 The Protection from Conflict-Related Sexual Violence

4 Child Protection
4.1The Protections Afforded to Children in Armed Conflict

4.2Defining the ‘Child’ under the Law

4.3Protection Provided to Child Soldiers

4.4ddr Process and Child Soldiers

4.5Incidental Removal of Children from Armed Groups

4.6Use of Force against Child Soldiers


5 Protection against Child Soldiers

6 Protection Advisors and Training

7 Conclusion


6The Protection of idp s
1 Protection of idp s

2 Protection of idp Camps
2.1UN Effective Control over Individuals and idp Camps

2.2Security Risks Due to Lack of Planning of idp Camps

2.3Security Risk from Poor Design of idp Camps


3 Protection of Human Rights in idp Camps
3.1The Right to Food and Water

3.2The Right to Education

3.3Protection of Access to Health Care


4 Conclusion


7Accountability for Failure to Protect
1 Accountability of Peacekeepers’ Actions
1.1UN Operational Control and tcc/pcc Disciplinary Responsibility


2 Law of State and Organisational Responsibility
2.1Effective Control Test

2.2Joint Responsibility of UN Peace Operations

2.3Civilian Peacekeepers


3 Immunity of the UN

4 Individual Peacekeeper Accountability
4.1Immunity from Host State Jurisdiction

4.2Accountability under tcc/pcc Military Code


5 The Responsibility of the tcc/pcc under International Law

6 Obligation on the UN Leadership

7 Conclusion


Conclusion

Appendix 1Timeline of Protection of Civilians in Peacekeeping

Appendix 2Summary of Peacekeeping Missions from 1999 to April 2024

Appendix 3List of Questions Asked to Participants

Bibliography

Index