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BP 02/11
Author Scott P Sheeran
This briefing paper reviews the contemporary issues in UN Peacekeeping and international law. As it
explains, the key issues and problems currently relate to the use of force, international human rights,
international criminal law and accountability. There is a real need for a greater clarity on these issues,
because of their significant policy and operational implications. Success in better understanding and
addressing these issues is central to improving the performance of UN Peacekeeping, which has
become a crucial international tool for enhancing peace and security.
.
1.
and police the peace, but rifts between the major powers
some
of
the
key
contemporary
issues
in
UN
potential
improvements
in
UN
Peacekeeping
The
immense
growth
of
United
Nations
(UN)
command
peacekeeping
financial year.
of
around
124,000
UN
charged
with
multidimensional
tasks
ranging
from
2.
rebel groups.
Peacekeeping
Rights
from
observer
missions
to
robust
Law
(IHRL)
and
UN
Peacekeeping;
(d)
by
international
law.
Rather,
the
history
of
UN
proactive
measures,
without
strong
legal
recent
committed
allegations
human
rights
that
peacekeepers
violations
and
have
could
be
international
security
environment,
and
MONUC.
The following section introduces some of the key
contemporary issues in international law and UN
peacekeeping: (a) the international legal framework for
UN Peacekeeping; (b) the use of force by UNPKOs; (c)
International
Human
Rights
Law
(IHRL)
and
UN
Notwithstanding
this,
each
year
the
UN
Special
guidance
for
ensuring
successful
UN
law.
political
cases
interests.
For
example,
in
some
UNPKOs.
concept of self-defence. The right to use force in selfdefence is one of the guiding principles of UN
which
are
merely suggestive,
and
this
leads
to
The right of UN
UN.
Although these
practical
of
bearing
on
the
ground,
in
terms
the
Observance
by
UN
forces
of
international
operation.
very
specific
situations
and
providing
.
As previously discussed, the extent to which the UN is
bound by international law remains unclear. This results
specific
structures.
These
complications
are
attributed
to
the
contributing
State
of
contingent
If the issue of attribution and responsibility is a prerequisite to understanding what legal standards apply to
the UN, and when there has been a violation of those
standards. The issue of accountability and reparations
arises at this stage as a consequence of finding a
violation, for example, of IHRL or ICL.
and
prosecutions,
the
lack
of
an
3.
army.
Generally speaking, there has been very little recent work
on UN Peacekeeping legal issues. Most analysis and
reform efforts for UN peacekeeping have been focussed
on policy only and not touched on legal issues. This is
evident from a brief review of the UNs Peacekeeping
Resource Hub of peacekeeping analysis and research
Another
perspective
is
that
the
Universal
Charter.12
During
the
deployments
of
the
UN
existing
conflict.
Articles
on
State
Responsibility
for
Responsibility.
context
and
consequences,
as
troop-contributing
4.
Practical implications
urgent imperative.
and
holistic,
and
principle-based
and
24
would assist
(c) International
UNPKOs
Rights
Law
and
Transitional
Human
Law,
Criminal
Court
(ICC)
and
the
other
10
to
the
normative
framework
for
UN
and
international
courts
Presently,
have
5.
implications
resulting
from
such
an
understanding.
against
This
short-term
would
also
political
help
thinking
to
further
and
the
11
(UNTAET).
generally.
translation
http://www.haguejusticeportal.net/Docs/Dutch%20cases/
Appeals_Judgment_Mothers_Srebrenica_EN.pdf.
available
at:
.
6
academics,
government
personnel
with
and
UN
peacekeeping
officials,
military
non-
experience,
(1996), pp 43-63.
9
Available at:
http://www.peacekeepingbestpractices.unlb.org/PBPS/Pa
ges/Public/Home.aspx
standards to UNPKOs.
Notes
11
Law,
XV/1:1,
New
Press,
York,
USA:
available
Oxford
at:
http://iheid.ch/faculty/clapham/NSAlecture/HR%20obligati
12
ons%20of%20non- State%20actors.pdf.
Accountability
14
Violator-Some
Reflections
on
the
United
Nations
in
UN
Peacekeeping
Operations,
103-132.
host State.
13,
2009,
available
at:
Selected bibliography
http://www.hrw.org/node/87151.
17
Ntaganda,
February,
2009,
available
at:
(available
at
http://www.asil.org/aboutasil/documents/CCILspeech061
102.pdf).
http://www.hrw.org/en/news/2009/02/02/dr-congo-arrestAmnesty
bosco-ntaganda.
International,
15-point
programme
for
Operations,
available
at:
http://www.genderandpeacekeeping.com/resources/5_A
at:
mnesty_International.pdf.
http://www.crimesofwar.org/onnews/news-
darfur9.html.
Amnesty International, Nepal: Bar human rights violators
19
available
http://www.amnesty.org.au/news/comments/22304/.
the
Annual
Meeting,
2007
(available
at:
at
http://www.asil.org/aboutasil/documents/CCILspeech061
102.pdf).
20
Law,
University
XV/1:1,
New
Press,
York,
USA:
available
Oxford
at:
http://iheid.ch/faculty/clapham/NSAlecture/HR%20obligati
ons%20of%20non- State%20actors.pdf.
http://www.genderandpeacekeeping.com/resources/5_A
Dworkin, A. & K. Iliopoulos, The ICC, Bashir, and the
mnesty_International.pdf.
available
at:
http://www.crimesofwar.org/onnews/news-
darfur9.html.
at:
http://www.amnesty.org.au/news/comments/22304/.
22
23
13
Human
Rights Watch,
Ntaganda,
DR
February,
Congo:
Arrest
Bosco
2009,
available
Books
at:
http://www.hrw.org/en/news/2009/02/02/dr-congo-arrestbosco-ntaganda.
at: http://www.hrw.org/node/87151.
Simma, B., et al., The Charter of the United Nations: A
Ladley, A., Peacekeeper Abuse, Immunity and Impunity:
Post-Conflict Situations,
(Manchester University
Press, 2005).
Megret, F. and F. Hoffman, UN as a Human Rights
Violator-Some
Reflections
on
the
United
Nations
Cases
Al Jedda v Secretary of State for Defence [2007] UKHL 58
Operations,
Virginia
Journal
of
May 2007)
Orentlicher, D., Responsibilities of States Participating in
Multilateral Operations with Respect to Persons Indicted
of War Crimes, pp 335-348, in Kondoch, B., ed.,
Accountability
in
UN
Peacekeeping
Operations,
http://www.haguejusticeportal.net/Docs/Dutch%20cases/
Appeals_Judgment_Mothers_Srebrenica_EN.pdf
103-132.
Starmer, K., Responsibility for Troops Abroad: UN
Mandated
Forces
and
Issues
of
Human
Rights
Peacekeeping
Operations:
Principles
and
14