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Documents on the Law of UN Peace Operations

Documents on the Law of UN Peace Operations

Author: Bruce Oswald; Helen Durham;Bates Adrian
Publisher: Oxford University Press
ISBN: 9780199571277
Published In: September 2011
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Features all of the key documents applicable to UN peace operations, including some which are not publicly available
Each document is accompanied by an explanatory commentary and suggestions for further research, perfect for students
Provides an introduction which places the law and its application to UN peace operations into context in a clear and accessible manner
The clear layout and organization of the book make the relevant information quick and easy to find

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.

Readership: Students of international humanitarian law, armed conflict and peacekeeping; scholars and practitioners in the field of peace operations; members of NGOs active in the field; foreign office legal advisors; United Nations peacekeeping personnel.

Contents:: 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;

CBruce Oswald, Senior Lecturer, Melbourne Law School, Helen Durham, Senior Research Fellow, Melbourne Law School, and Adrian Bates, Research Fellow, Melbourne Law School

Bruce Oswald is a Senior Lecture at the Melbourne Law School. Mr Oswald has served in the Regular Australian Army as a legal officer and has seen operational service in countries including Rwanda, Timor Leste and Iraq.

Dr Helen Durham is a Senior Research Fellow at the Melbourne Law School and has worked for international humanitarian organisations in the area of legal adviser on international humanitarian law. Helen has been involved in international treaty negotiations and also been a part of operational missions in South East Asia.

Adrian Bates is a Research Fellow at the Melbourne Law School where he completed his law degree in 2007. Prior to this Mr Bates worked as a Senior Project Manager at the State Library of Victoria.

"This volume is an extremely useful collection of documents relating to the Law of UN Peace Operations. Indeed, there is no better collection available. It is far too easy to assume these days that because all such documents are available via the net that collections such as this are superfluous. Nothing could be further from the truth. A collection such as this represents value that is much greater than the mere sum of its parts. It is likely to become the natural point of reference, not least because of the most valuable commentaries included on all the documents included in the collection. That means that it is much more than just a collection - it is a valuable academic source in much the same way as Roberts and Guelff's Documents on the Laws of War. The editors are to be congratulated and thanked for their efforts." - Steven Haines, Head of the Security and Law Programme, Geneva Centre for Security Police