Accountability Of Peace Support Operations

Author: M. C. Zwanenburg

Publisher: Martinus Nijhoff Publishers

ISBN: 9004143505

Category: Law

Page: 363

View: 7569

Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.

Documents on the Law of UN Peace Operations

Author: Bruce Oswald,Helen Durham,Adrian Bates

Publisher: OUP Oxford

ISBN: 019102452X

Category: Law

Page: 624

View: 1807

United Nations peacekeepers currently play a crucial role in international responses to threats to peace and security across the globe. Since 1948 the UN has been involved in over 60 peacekeeping operations. However in the current environment of complex and rapidly changing threats to peace, there has been a dramatic increase in the use of UN peacekeepers to deal with situations of instability. In 2009 alone over 100,000 individuals are deployed on such missions. This situation has resulted in a range of new and pressing challenges to the legal framework applicable during such collective international action. This book provides, for the first time, a comprehensive account of the legal framework regulating this area of collective international action. The book contains key documents in the areas of privileges and immunities, human rights law, international humanitarian law, and international criminal law. Types of documents featured include foundational treaties, international rules and regulations, memoranda, judgments of the International Court of Justice, and some mission specific documents. Before each document a prefatory note is included, outlining the historical development of the document as well as its relevance to UN peace operations. To further assist scholars and practitioners in their work, the work concludes with a guide on undertaking further legal research on the laws relevant to peace operations, a list of all UN peace operations and relevant enabling resolutions, and a suggested approach to interpreting Security Council mandates. From scholars and students to policy makers, representatives in the military, police and humanitarian organisations - this book will be an invaluable resource in the development of a better understanding of the legal framework surrounding the establishment, management, and conduct of peace operations that are mandated and controlled by the UN.

The Use of Force in UN Peace Operations

Author: Trevor Findlay,Stockholm International Peace Research Institute

Publisher: Oxford University Press on Demand

ISBN: 9780198292821

Category: Law

Page: 486

View: 4008

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.

Protection of Civilians

Author: Haidi Willmot,Marc Weller,Ralph Mamiya,Scott Sheeran

Publisher: Oxford University Press

ISBN: 0191045497

Category: Law

Page: 330

View: 1686

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the centre of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organisations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studing or working towards a better protection of civilians in conflict.

Guiding Principles for Stabilization and Reconstruction

Author: United States Institute of Peace,Peacekeeping and Stability Operations Institute

Publisher: US Institute of Peace Press

ISBN: 1601270461

Category: Political Science

Page: 232

View: 5148

"Guiding principles for stabilization and reconstruction presents the first-ever, comprehensive set of shared principles for building sustainable peace in societies emerging from violent conflict ... A product of the collaboration between the United States Institute of Peace and the United States Army Peacekeeping and Stability Operations Institute, this manual reflects the input of dozens of institutions across the peacebuilding community. It is based on a comprehensive review of major strategic policy documents from state ministries of defense, foreign affairs and development, along with major intergovernmental and nongovernmental organizations that toil in war-shattered landscapes around the globe"--Page 4 of cover.

International Organizations and the Fight for Accountability

Author: Carla Ferstman

Publisher: Oxford University Press

ISBN: 0198808445

Category: Law

Page: 200

View: 9066

International organizations have increasingly taken on state or quasi state-like functions in which they 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 justification for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure their 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.

The Palgrave Handbook of Peacebuilding in Africa

Author: Tony Karbo,Kudrat Virk

Publisher: Springer

ISBN: 3319622021

Category: Political Science

Page: 498

View: 1942

This handbook offers a critical assessment of the African agenda for conflict prevention, peacemaking, peacekeeping, and peacebuilding; the challenges and opportunities facing Africa’s regional organisations in their efforts towards building sustainable peace on the continent; and the role of external actors, including the United Nations, Britain, France, and South Asian troop-contributing countries. In so doing, it revisits the late Ali Mazrui’s concept of Pax Africana, calling on Africans to take responsibility for peace and security on their own continent. The creation of the African Union, in 2002, was an important step towards realising this ambition, and has led to the development of a new continental architecture for more robust conflict management. But, as the volume’s authors show, the quest for Pax Africana faces challenges. Combining thematic analyses and case studies, this book will be of interest to both scholars and policymakers working on peace, security, and governance issues in Africa.

Sex in Peace Operations

Author: Gabrielle Simm

Publisher: Cambridge University Press

ISBN: 1107030323

Category: Law

Page: 235

View: 2675

Critically re-evaluates the problem of sex between international personnel and local people and offers regulatory solutions to legal problems.

Peacekeeping and Conflict Resolution

Author: Oliver Ramsbotham,Tom Woodhouse

Publisher: Routledge

ISBN: 1135263698

Category: Political Science

Page: 280

View: 7407

Conflict resolution theory has become relevant to the various challenges faced by the United Nations peacekeeping forces as efforts are made to learn from the traumatic and devastating impact of the many civil wars that have erupted in the 1990s. This work analyzes the theory.

Protecting Civilians

The Obligations of Peacekeepers

Author: Siobhán Wills

Publisher: Oxford University Press

ISBN: 0199533873

Category: Law

Page: 296

View: 3942

This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyses the duty to intervene to stop the commission of serious abuses of human rights by analysing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation. The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.

The Oxford Handbook of United Nations Peacekeeping Operations

Author: Joachim Koops,Norrie MacQueen,Thierry Tardy,Paul D. Williams

Publisher: Oxford University Press

ISBN: 019150954X

Category: Political Science

Page: 800

View: 3794

The Oxford Handbook of United Nations Peacekeeping Operations provides an innovative, authoritative, and accessible examination and critique of all 67 United Nations peacekeeping operations launched between 1948 and 2013. l Since the late 1940s, but particularly since the end of the cold war, peacekeeping has been the most visible and one of the most important activities of the United Nations and a significant part of global security governance and conflict management. The volume offers a chapter-by-chapter chronological analysis, designed to provide a comprehensive overview that highlights the evolution, changing nature and overall impact of UN peacekeeping. It also includes a collection of thematic chapters that examine key issues such as major trends of peace operations, the link between peacekeeping, humanitarian interventions and the responsibility to protect, peacekeeping and international law, the UN's inter-organizational partnerships and how to evaluate success or failure. l This handbook brings together leading scholars and senior practitioners in order to provide a comprehensive assessment of the successes, failures and lessons learned of UN peacekeeping since 1948. This is a unique reference book for scholars and practitioners working in the field of international relations, international security, peacekeeping and global governance.

Peaceland

Conflict Resolution and the Everyday Politics of International Intervention

Author: Séverine Autesserre

Publisher: Cambridge University Press

ISBN: 1139952692

Category: Political Science

Page: N.A

View: 1853

This book suggests a new explanation for why international peace interventions often fail to reach their full potential. Based on several years of ethnographic research in conflict zones around the world, it demonstrates that everyday elements - such as the expatriates' social habits and usual approaches to understanding their areas of operation - strongly influence peacebuilding effectiveness. Individuals from all over the world and all walks of life share numerous practices, habits, and narratives when they serve as interveners in conflict zones. These common attitudes and actions enable foreign peacebuilders to function in the field, but they also result in unintended consequences that thwart international efforts. Certain expatriates follow alternative modes of thinking and acting, often with notable results, but they remain in the minority. Through an in-depth analysis of the interveners' everyday life and work, this book proposes innovative ways to better help host populations build a sustainable peace.

The United Nations, Peace and Security

From Collective Security to the Responsibility to Protect

Author: Ramesh Thakur

Publisher: Cambridge University Press

ISBN: 1107176948

Category: Political Science

Page: 444

View: 3369

Explains the United Nations' key roles in underwriting international security, humanitarian protection and the international rule of law.

Global Governance and Local Peace

Accountability and Performance in International Peacebuilding

Author: Susanna P. Campbell

Publisher: Cambridge University Press

ISBN: 1108418651

Category: Law

Page: 282

View: 358

This book explains why successful international peacebuilding depends on the unorthodox actions of country-based staff, whose deviations from approved procedures help make global governance organizations accountable to local realities. Using rich ethnographic material from several countries, it will interest scholars, students, and policymakers.

The Challenge of Stability and Security in West Africa

Author: Alexandre Marc,Neelam Verjee,Stephen Mogaka

Publisher: World Bank Publications

ISBN: 1464804656

Category: Social Science

Page: 212

View: 9082

Since independence, the West African sub-region has been an arena for a number of large-scale conflicts and civil wars, as well as simmering and low-intensity uprisings. Contrary to perceptions, West Africa in its post-independence history has experienced fewer conflict events and fatalities from conflict than the other sub-regions on the continent. The turn of the millennium has witnessed the recession of large-scale and conventional conflict, and it has ushered in new and emerging threats. The specters of religious extremism, maritime piracy, and narcotics trafficking threaten to undermine some of the progress achieved in recent years. The Challenge of Stability and Security in West Africa critically examines the key drivers of conflict and violence, and the way in which they impact the countries of the sub-region. In addition to emerging threats, these drivers include the challenges of youth inclusion, migration, sub-regional imbalances, and extractives, as well as challenges related to the fragility of political institutions and managing the competition for power, reform of the security sector, and weakness of institutions related to land management. The book explores how the sub-region, under the auspices of the regional organization ECOWAS, has become a pioneer on the continent in terms of addressing regional challenges. The Challenge of Stability and Security in West Africa also identifies key lessons in the dynamics of resilience in the face of political violence and civil war drawn from CÃ ́te d'Ivoire, Liberia, and Sierra Leone, that can be useful for countries around the world in similar situations. It incorporates knowledge and findings from leading experts and provides insights from academics and development practitioners. Finally, the book identifies possible policy and programmatic responses and directions for policy dialogue at the national and international levels.

Humanitarian Ethics

A Guide to the Morality of Aid in War and Disaster

Author: Hugo Slim

Publisher: Oxford University Press

ISBN: 0190613041

Category: Social Science

Page: 314

View: 7889

Humanitarians are required to be impartial, independent, professionally competent and focused only on preventing and alleviating human suffering. It can be hard living up to these principles when others do not share them, while persuading political and military authorities and non-state actors to let an agency assist on the ground requires savvy ethical skills. Getting first to a conflict or natural catastrophe is only the beginning, as aid workers are usually and immediately presented with practical and moral questions about what to do next. For example, when does working closely with a warring party or an immoral regime move from practical cooperation to complicity in human rights violations? Should one operate in camps for displaced people and refugees if they are effectively places of internment? Do humanitarian agencies inadvertently encourage ethnic cleansing by always being ready to 'mop-up' the consequences of scorched earth warfare? This book has been written to help humanitarians assess and respond to these and other ethical dilemmas.

Taking Sides in Peacekeeping

Impartiality and the Future of the United Nations

Author: Emily Paddon Rhoads

Publisher: Oxford University Press

ISBN: 0191064270

Category: Political Science

Page: 248

View: 4290

United Nations peacekeeping has undergone radical transformation in the new millennium. Where it once was limited in scope and based firmly on consent of all parties, contemporary operations are now charged with penalizing spoilers of peace and protecting civilians from peril. Despite its more aggressive posture, practitioners and academics continue to affirm the vital importance of impartiality whilst stating that it no longer means what it once did. Taking Sides in Peacekeeping explores this transformation and its implications, in what is the first conceptual and empirical study of impartiality in UN peacekeeping. The book challenges dominant scholarly approaches that conceive of norms as linear and static, conceptualizing impartiality as a 'composite' norm, one that is not free-standing but an aggregate of other principles-each of which can change and is open to contestation. Drawing on a large body of primary evidence, it uses the composite norm to trace the evolution of impartiality, and to illuminate the macro-level politics surrounding its institutionalization at the UN, as well as the micro-level politics surrounding its implementation in the Democratic Republic of the Congo, site of the largest and costliest peacekeeping mission in UN history. Taking Sides in Peacekeeping reveals that, despite a veneer of consensus, impartiality is in fact highly contested. As the collection of principles it refers to has expanded to include human rights and civilian protection, deep disagreements have arisen over what keeping peace impartially actually means. Beyond the semantics, the book shows how this contestation, together with the varying expectations and incentives created by the norm, has resulted in perverse and unintended consequences that have politicized peacekeeping and, in some cases, effectively converted UN forces into one warring party among many. Taking Sides in Peacekeeping assesses the implications of this radical transformation for the future of peacekeeping and for the UN's role as guarantor of international peace and security.