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Since the first edition of this book was published in 2010, United Nations peace operations have evolved significantly. In the Democratic Republic of the Congo, Central African Republic, and South Sudan, UN peacekeepers are now engaged in building peace by fighting non-State armed actors, and must consider issues concerning the application of law and policy governing the use of armed force when protecting civilians. In addition, the UN and its peacekeepers are increasingly being held to higher standards of accountability to ensure that their engagement with local forces and populations meets normative requirements found in international humanitarian law and international human rights law.
This extensively revised edition of Documents on the Law of UN Peace Operations addresses the key normative principles, rules, and standards that have been a part of this evolution. The book provides essential documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of UN peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians.
- Introduction
PART ONE - ESTABLISHMENT AND MANAGEMENT OF UNITED NATIONS PEACE OPERATIONS
A. Institutional Framework
1: Charter of the United Nations
2: Status-of-Forces Agreement between the United Nations and Host Countries
3: Agreements between the United Nations and contributing States
PART TWO - CONDUCT OF UNITED NATIONS PEACE OPERATIONS
A. General Human Rights Instruments
Introduction
4: Universal Declaration of Human Rights
5: Convention for the Prevention and Punishment of the Crime of Genocide
6: Convention Relating to the Status of Refugees
7: International Covenant on Economic, Social and Cultural Rights
8: International Covenant on Civil and Political Rights
9: Convention on the Elimination of All Forms of Discrimination against Women
10: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
11: Convention on the Rights of the Child
12: International Convention for the Protection of All Persons from Enforced Disappearances
13: Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Powers
14: The Protection of All Persons under Any Form of Detention or Imprisonment
15: Guiding Principles on Internal Displacement
16: Memorandum of Understanding between the Office of the High Commissioner for Human Rights and the Department of Peace-keeping Operations
B. Protection of United Nations & Associated Personnel
17: Convention on the Safety of United Nations and Associated Personnel
C. International Humanitarian Law
Introduction
18: Secretary General's Bulletin: Observance by UN Forces of International Humanitarian Law
19: Four Geneva Conventions of 1949
20: Protocols I and II Additional to the Geneva Conventions of 1949
21: Protocol III Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem
22: Protection of Cultural Property in the Event of Armed Conflict
D. Landmark Security Council Resolutions
23: HIV/AIDS, SC Res. 1308 (2000)
24: Women, Peace and Security, SC Res. 1325 (2000) and SC Res. 1820 (2008)
25: Children and Armed Conflict, SC Res. 1612 (2005)
26: Protection of Civilians in Armed Conflict, SC Res. 1674 (2006)
PART THREE - ACCOUNTABILITY OF UNITED NATIONS PEACEKEEPERS
A. Privileges and Immunities of the United Nations
27: Convention on the Privileges and Immunities of the United Nations
B. Third-Party Liability
28: Third-Party Liability: Temporal and Financial Limitations
C. International Criminal Law
29: Rome Statute of the International Criminal Court
D. Codes of Conduct, Directives and Guidelines
30: Status, Basic Rights and Duties of United Nations Staff Members
31: Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission
32: United Nations Standards of Conduct: We are United Nations Peacekeeping Personnel
33: Directives for Disciplinary Matters Involving Military Members of National Contingents
34: Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers
35: Directives on Sexual Harassment in United Nations Peacekeeping and Other Field Missions for Military Members of National Contingents, Military Observers and Civilian Police Officers
36: Secretary-General's Bulletin: Special Measures for Protection from Sexual Exploitation and Sexual Abuse
37: Code of Conduct for Law Enforcement Officials
38: Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
PART FOUR - KEY INTERNATIONAL COURT OF JUSTICE CASES
39: Reparation for Injuries Suffered in the Service of the United Nations
40: Certain Expenses of the United Nations
41: Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights
PART FIVE - MISSION SPECIFIC DOCUMENTS
Introduction
42: Secretary-General's Reports and Security Council Resolutions Personnel
43: Guidelines for Troop-contributing Countries
44: Rules of Engagement - Soldiers Pocket Card
45: Mission Components and Offices
PART SIX - RESEARCH
Researching United Nations Peace Operations
Bruce Oswald, Senior Lecturer, Melbourne Law School, Helen Durham, Senior Research Fellow, Melbourne Law School, and Adrian Bates, Research Fellow, Melbourne Law School
"The book will undoubtedly be a very useful tool for practitioners involved in planning, managing and conducting UN peace operations, as well as for scholars, students and policy makers. It is likely to become a standard work in its field" - Frederik Naert, Military Law and the Law of War Review
"The authors have produced a high quality handbook which is well structured, the documents carefully chosen and edited, the commentaries elegantly written and penetrating, and the cross referencing extensive and extremely useful." - David Travers, University of Lancaster
