Protecting Civilians Obligations of Troops in International Law

Author: Siobhan Wills
Publisher: Oxford University Press
ISBN: 9780199533879
Published In: February 2009
Format: Hardback , 320 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Highly topical analysis of international human rights law and international humanitarian law in the context of occupation law and peace support
Interdisciplinary analysis of a difficult issue, cutting across international law, international relations, the rules of armed conflict, and the Geneva Conventions
Offers a completely up to date account of key military operations both prior to the responsibility to protect policy, and after its adoption, including the most recent MONUC and AMIS/UNMIS operations

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.

Readership: Academics, scholars, and advanced students of Public International Law; International Human Rights Law; International Humanitarian Law; Armed Conflict and Peace Studies; UN & UN Agencies; and International Relations

Foreword
Preface and Acknowledgements
Table of Cases
Introduction
I: Historical Review of Civilian Protection by UN Peacekeepers
1: Introduction
2: The Early Development of Peacekeeping
3: Civilian Protection in UN Peacekeeping Operations During the Cold War
6: Civilian Protection in UN Peacekeeping Missions Since 1999
7: Developments in Military Doctrine
8: Conclusion
II: The Extent to Which Peacekeeping and other Multi-national Forces have a General 'Responsibility to Protect' under International Humanitarian Law
1: Introduction
4: Conclusion
III: The Extent to Which Peacekeeping and other Multi-national Forces have a general 'Responsibility to Protect' under International Human Rights Law
1: Introduction
2: The Applicability of Human Rights Law to Armed Conflict
4: The Relationship between International Humanitarian Law and Human Rights Law
5: Accountability for Human Rights Abuses
6: Conclusion
IV: The Applicability of Occupation Law to Peacekeeping and other Multi-national Operation
1: Introduction
2: The Laws of Occupation
3: The Laws of Occupation and UN Military Operations
4: The Extent to which the Laws of Occupation were Applicable to Somalia
5: The Applicability of the Laws of Occupation to Iraq
6: The Laws of Occupation and UN-run Administrations
7: Overall Assessment of the Laws of Occupation to UN Administrations
8: Conclusion
V: Implications for Peacekeepers and Other Multi-national Forces
1: Introduction
2: Developments in Response to Egregious Violations of Human Rights in the 1990s
3: The Implications of the Collective Responsibility to Protect
4: Occupation and Situations Akin to Occupation
5: Peacekeepers' General Responsibility to Protect
6: Sexual Violence
7: Conclusion
VI: Conclusion