The Protection of Civilians in Peacekeeping Operations: A Legal Obligation

Human Rights › International Law

The Protection of Civilians in Peacekeeping Operations: A Legal Obligation

By Tamer Morris
Brill Nijhoff September 2024

Specifications

ISBN-13
9789004707306
Publisher
Brill Nijhoff
Publication
September 2024
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.

Table of Contents

Introduction
 1 The Evolution of the Protection of Civilians Mandate
 2 Peacekeeping Structure and Deployment
 3 Methodology
1. The Legal Obligation to Protect Civilians
 1 The Legal Obligation of the Protection of Civilians Mandate
 2 The Content of the Obligation to Protect
 3 Protection of Civilians and Humanitarian Intervention
 4 Conclusion
2. The Interpretation of Protection
 1 What Is Protection?
 2 Interpreting the Impossible Mandate
 3 The Language of the Protection of Civilians Mandate
 4 Qualifications to the Obligation to Protect
 5 Protection and Promotion of Human Rights
 6 The Core ‘Constitutional’ Principles
 7 Conclusion
3. Protection from threats of Physical Violence and  ihl 
 1 Central Theme of Physical Violence
 2 The Application of ihl in UN Peace Missions
 3 Classification of Conflict Involving UN Peace Missions
 4 The Obligation to Protect and ihl
 5 Priority of Protection and Self-Defence
 6 Conclusion
4. Law Enforcement under the Protection of Civilians Mandate
 1  unpol in UN Peacekeeping
 2 Protection of Civilians Mandate for unpol
 3 Law Enforcement and Detention in UN Peace Missions
 4 Detentions Made by Peacekeepers
 5 Transferring and Releasing Detainees
 6 Conclusion
5. The Protection of Women and Children
 1 Women and Children as ‘Vulnerable’ Civilians
 2 Protection under the Maintenance of International Peace and Security
 3 The Protection from Conflict-Related Sexual Violence
 4 Child Protection
 5 Protection against Child Soldiers
 6 Protection Advisors and Training
 7 Conclusion
6: The Protection of  IDP s
 1 Protection of IDPs
 2 Protection of idp Camps
 3 Protection of Human Rights in idp Camps
 4 Conclusion
7: Accountability for Failure to Protect
 1 Accountability of Peacekeepers’ Actions
 2 Law of State and Organisational Responsibility
 3 Immunity of the UN
 4 Individual Peacekeeper Accountability
 5 The Responsibility of the tcc / pcc under International Law
 6 Obligation on the UN Leadership
 7 Conclusion

Conclusion

Appendix 1 Timeline of Protection of Civilians in Peacekeeping
Appendix 2 Summary of Peacekeeping Missions from 1999 to April 2024
Appendix 3 List of Questions Asked to Participants
Bibliography
Index
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