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Author : Rosa Freedman,Nicolas Lemay-Hébert,Siobhán Wills
Publisher : Cambridge University Press
Page : 159 pages
File Size : 52,8 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108477529
An innovative analysis of accountability in international peacekeeping and human rights, with a focus on the UN's Haiti mission.
Author : Indar Jit Rikhye
Publisher : Palgrave Macmillan
Page : 255 pages
File Size : 52,6 Mb
Release : 1984-01-01
Category : Law
ISBN : 0312797184
Author : Olivera Simic
Publisher : Springer Science & Business Media
Page : 210 pages
File Size : 44,9 Mb
Release : 2012-05-25
Category : Law
ISBN : 9783642284847
This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General’s Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and ‘sex positive’ feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.
Author : Ray Murphy
Publisher : Cambridge University Press
Page : 312 pages
File Size : 53,6 Mb
Release : 2007-05-10
Category : Law
ISBN : 9781139463805
The concept of UN peacekeeping has had to evolve and change to meet the challenges of contemporary sources of conflict; consequently, peacekeeping operations have grown rapidly in number and complexity. This book examines a number of issues associated with contemporary multinational peace operations, and seeks to provide insights into the problems that arise in establishing and deploying such forces to meet the challenges of current conflicts. The focus of the book is three case studies (Lebanon, Somalia and Kosovo), involving a comparative analysis of the traditional peacekeeping in Lebanon, the more robust peace enforcement mission in Somalia, and the international administration undertaken on behalf of the international community in Kosovo. The book analyses the lessons that may be learned from these operations in terms of mandates, command and control, use of force and the relevance of international humanitarian and human rights law to such operations.
Author : Simon Chesterman,Ian Johnstone,David M. Malone
Publisher : Oxford University Press
Page : 680 pages
File Size : 48,6 Mb
Release : 2016-03-01
Category : Law
ISBN : 9780190493257
Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.
Author : Lenneke Sprik
Publisher : Routledge
Page : 128 pages
File Size : 40,7 Mb
Release : 2019-08-13
Category : Law
ISBN : 9780429754807
This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.
Author : Benedetto Conforti,Carlo Focarelli
Publisher : BRILL
Page : 522 pages
File Size : 45,8 Mb
Release : 2016-08-04
Category : Law
ISBN : 9789004318533
The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present.
Author : Hitoshi Nasu
Publisher : BRILL
Page : 373 pages
File Size : 50,9 Mb
Release : 2009
Category : Law
ISBN : 9789004172265
It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation
Author : Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan
Publisher : Oxford University Press
Page : 128 pages
File Size : 43,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 9780192537188
The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.
Author : Charuka Ekanayake
Publisher : Routledge
Page : 258 pages
File Size : 51,7 Mb
Release : 2021-05-30
Category : Law
ISBN : 9781000395679
This Book attempts to deduce regulatory standards that can close the gaps between the Promises made and the Outcomes secured by the United Nations in relation to its use of force. It explores two broad questions in this regard: why the contemporary legal framework relevant to the regulation of force during Armed Conflict cannot close the gaps between the said Promises and Outcomes and how the ‘Unified Use of Force Rule’ formulated herein, achieves this. This is the first book to coherently analyse the moral as well as legal aspects relevant to UN use of force. UN peace operations are rapidly changing. Deployed peacekeepers are now required to use force in pursuance of numerous objectives such as self-defence, protecting civilians, and carrying out targeted offensive operations. As a result, questions about when, where, and how to use force have now become central to peacekeeping. While UN peace operations have managed to avoid catastrophes of the magnitude of Rwanda and Srebrenica for over two decades, crucial gaps still exist between what the UN promises on the use of force front, and what it achieves. Current conflict zones such as the Central African Republic, Eastern Congo, and Mali stand testament to this. This book searches for answers to these issues and identifies how an innovative mix of the relevant legal and moral rules can produce regulatory standards that can allow the UN to keep their promises. The discussion covers analytical ground that must be traversed ‘behind the scenes’ of UN deployment, well before the first troops set foot on a battlefield. The analysis ultimately produces a ‘Unified Use of Force Rule’, that can either be completely or partially used as a model set of Rules of Engagement by UN forces. This book will be immensely beneficial to law students, researchers, academics and practitioners in the fields of international relations, international law, peacekeeping, and human rights.
Author : Cedric de Coning,Chiyuki Aoi,John Karlsrud
Publisher : Taylor & Francis
Page : 365 pages
File Size : 46,7 Mb
Release : 2017-02-20
Category : Political Science
ISBN : 9781315396934
This edited volume offers a thorough review of peacekeeping theory and reality in contemporary contexts, and aligns the two to help inform practice. Recent UN peacekeeping operations have challenged the traditional peacekeeping principles of consent, impartiality and the minimum use of force. The pace and scope of these changes have now reached a tipping point, as the new mandates are fundamentally challenging the continued validity of the UN peacekeeping’s core principles and identity. In response the volume analyses the growing gap between these actual practices and existing UN peacekeeping doctrine, exploring how it undermines the effectiveness of UN operations, and endangers lives, arguing that a common doctrine is a critical starting point for effective multi-national operations. In order to determine the degree to which this general principle applies to the current state of UN peacekeeping, this book: Provides a review of conceptual and doctrinal developments in UN peacekeeping operations through a historical perspective Examines the debate related to peace operations doctrine and concepts among key Member States Focuses on the actual practice of peacekeeping by conducting case studies of several UN peacekeeping missions in order to identify gaps between practice and doctrine Critically analyses gaps between emerging peacekeeping practice and existing doctrine Recommends that the UN moves beyond the peacekeeping principles and doctrine of the past Combining empirical case-based studies on UN peace operations, with studies on the views and policies of key UN Security Council members that generate these mandates, and views of key contributors of UN peacekeepers, this volume will be of great use to policy-makers; UN officials and peace operations practitioners; and academics working on peace and conflict/security studies, international organizations and conflict management.
Author : Christine Gray
Publisher : Oxford University Press
Page : 480 pages
File Size : 47,5 Mb
Release : 2018-02-09
Category : Law
ISBN : 9780192536433
This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.
Author : Benedetto Conforti,Carlo Focarelli
Publisher : BRILL
Page : 473 pages
File Size : 53,9 Mb
Release : 2010-09-24
Category : Business & Economics
ISBN : 9789004187672
Revised and updated, The Law and Practice of the United Nations provides an analysis of the main legal issues surrounding the United Nations’ practice, including a thorough discussion of Chapter VII of the Charter and its interpretation.
Author : Mari Katayanagi
Publisher : Martinus Nijhoff Publishers
Page : 350 pages
File Size : 46,7 Mb
Release : 2002-09-25
Category : Law
ISBN : 9041119108
The United Nations peacekeeping has evolved as a practical measure for preserving international peace and security. Recent peacekeeping has two important features: the use of force which arguably exceeds self-defence on the one hand, and multifunctional operations on the other. The Security Council has started considering a wide range of factors including serious human rights violations as threats to international peace and security. Recognising the UN's principle to seek peaceful settlement which underlies the legality of peacekeeping, this research focuses on the human rights functions of multifunctional peacekeeping operations. Such functions have immense potential for enhancing conflict resolution through peaceful means. In order to illustrate these issues and the diverse practice of UN peacekeeping, the author of this book has dealt with four detailed case studies on El Salvador, Cambodia, Rwanda and the former Yugoslavia. The achievements, problems and defects experienced by different operations are analysed using the insights of the author's own experience in a peacekeeping operation.
Author : Olara A. Otunnu,Michael W. Doyle,Nelson Mandela
Publisher : Rowman & Littlefield Publishers
Page : 369 pages
File Size : 55,6 Mb
Release : 2000-01-01
Category : Political Science
ISBN : 9780585114309
The UN's record in peace operations is long, various, distinguished by both accomplishments and failures, and most importantly, innovative. Unfulfilled expectations and escalating violence in Somalia, Rwanda, and Bosnia forced retrenchment upon UN peace operations_but at the same time, a new opportunity to enhance capacities, review strategies, redefine roles, and reaffirm responsibilities has opened up. Here, a dynamic group of leading diplomats, academics, and journalists combines forces with UN policymakers and leaders including current Secretary-General Kofi Annan and former Secretary-General Boutros Boutros-Ghali to explore how the international community can improve its practice in negotiating and implementing peace. They look at what works and what doesn't in UN peacemaking and peacekeeping, and then map out alternative futures for UN action in the 21st century.
