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International Peacekeeping
By
Boris Kondoch
Description
Peacekeeping
has been the technique most frequently used by, and associated with,
the United Nations to end conflicts and to preserve peace. In
addition, international and regional organizations have also
performed peacekeeping functions. Since the establishment of the
first UN peacekeeping mission, UNEF I, in 1956, international lawyers
have raised questions about the legal aspects of these operations.
Traditionally, they analyzed the constitutional basis for
peacekeeping and tried to allocate the authority under the UN Charter
for peacekeeping among the Security Council, the General Assembly and
the Secretary General. They discussed the use of force by
peacekeepers, the applicability of international humanitarian law, as
well as the responsibilities and liabilities of peacekeepers.
Since
the end of the cold war, peacekeeping operations have become more
complex. In the first forty years, peacekeepers functioned mainly as
buffer zones between warring parties and monitored cease-fires.
Nowadays, they are increasingly engaged in internal rather than
international conflicts and perform a multitude of tasks. Among
others, they act as civilian administrators, oversee elections and
monitor human rights. These changes have raised new legal problems.
Which human rights obligations exist for peacekeepers? Do
peacekeepers have to intervene if they witness war crimes and acts of
genocide? How are they protected under international law? What is the
legal framework of UN administrations like in Kosovo and East Timor?
In
order to enhance a better understanding of these legal issues arising
from peacekeeping operations, a collection of articles written by the
leading experts in the field have been compiled in the volume,
International Peacekeeping.
Contents
Series
preface; Introduction; Part I The Role and the Rule of Law in
International Peacekeeping: The uses of law in international
peace-keeping, Oscar Schachter; Rule of law strategies for peace
operations, Nina Lahoud. Part II The Constitutional Basis of
Peacekeeping: The legal basis of United Nations peace-keeping
operations, Alexander Orakhelashvili; The UN Charter and peacekeeping
forces: constitutional issues, Nigel D. White. Part III Principles of
International Peacekeeping: The Consent of the Parties: Military
intervention, regional organizations and host-state consent, David
Wippmann; Host-state consent and United Nations peacekeeping in
Yugoslavia, Christine Gray. Peacekeeping and the Use of Force: Beyond
self-defense: United Nations peacekeeping operations and the use of
force, Katherine E. Cox. The Legal Principles of Peacekeeping and the
Brahimi Report: Changing \\\'peacekeeping\\\' in the new millennium? –
the recommendations of the panel on United Nations peace operations
of August 2000, Heike Spieker . Part IV Law Applicable to
Peacekeeping Operations: International Humanitarian Law: United
Nations military operations and international humanitarian law: what
rules apply to peacekeepers?, Ray Murphy; The Secretary-General\\\'s
bulletin on observance by United Nations forces of international
humanitarian law: some preliminary observations, Marten Zwanenberg;
Maintaining discipline in United Nations peace support operations:
the legal quagmire for military contingents, Peter Rowe; The fall of
Srebrenica and the attitude of Dutchbat from an international legal
perspective, Robert C.R. Siekmann. Human Rights: The creation and
control of places of protection during United Nations peace
operations, Bruce M. Oswald. International Criminal Law:
Responsibilities of states participating in multilateral operations
with respect to persons indicted for war crimes, Diane F.
Orentlicher; The ambiguities of Security Council resolution 1422,
(2002), Carsten Stahn. Responsibilities and Liabilities of
Peacekeepers: The international responsibility of the United Nations
for activities carried out by UN peace-keeping forces, Bohran
Amrallah; UN peacekeeping operations: applicability of international
humanitarian law and responsibilities for operations-led damage,
Daphna Shraga (2000). Protection of Peacekeeping Forces: Protection
of personnel in peace operations, Ola Engdahl. Part V International
Administrations: From Danzig to East Timor beyond: the role of
international territorial administration, Ralph Wilde; The United
Nations administration of East Timor, Boris Kondoch;
Institution-building and human rights protection in Kosovo in the
light of UNMIK legislation, Marcus G. Brand; Minding the gap:
outlining KFOR accountability in post-conflict Kosovo, John Cerone;
Crossing the boundary from the international to the domestic realm:
UNMIK lawmaking and property rights in Kosovo, Leopold von Carlowitz;
To waive or not to waive: immunity and accountability in UN
peacekeeping operations, Frederick Rawski; Name index.
About the Author/Editor
Boris
Kondoch is a Professor at University of Peace, South Korea.
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