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The Protection of Civilians in Peacekeeping Operations: A Legal Obligation


ISBN13: 9789004707306
Published: September 2024
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £140.00



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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.

Subjects:
Human Rights and Civil Liberties, Public International Law
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