Daniel H. Levine
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780748675890
- eISBN:
- 9780748697199
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748675890.003.0009
- Subject:
- Philosophy, Moral Philosophy
Protection of civilians is central to most contemporary peacekeeping mandates, but the first line of defence for most civilians is their own activity, or that of other formal or informal civilian ...
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Protection of civilians is central to most contemporary peacekeeping mandates, but the first line of defence for most civilians is their own activity, or that of other formal or informal civilian groups. When peacekeepers enter a conflict area, they will not find civilians waiting passively for rescue, but engaged in their own self-protection activities. With special reference to the women's peace movement in Liberia, this chapter examines the moral implications for peacekeepers of working with civilians. Engaging with civilian self-protection activities and groups can provide critical information and prevent peacekeepers from inadvertently disrupting civilians’ own strategies; but it also risks drawing peacekeepers into the conflict in a non-impartial way, as civilian self-protection is almost inevitably tied up in the political issues at stake. The chapter argues that peacekeepers should see their role as one of “protection-with,” and try to extend civilian strategies by providing safety for peace builders who are trying to engaged across the fault lines of the conflict.Less
Protection of civilians is central to most contemporary peacekeeping mandates, but the first line of defence for most civilians is their own activity, or that of other formal or informal civilian groups. When peacekeepers enter a conflict area, they will not find civilians waiting passively for rescue, but engaged in their own self-protection activities. With special reference to the women's peace movement in Liberia, this chapter examines the moral implications for peacekeepers of working with civilians. Engaging with civilian self-protection activities and groups can provide critical information and prevent peacekeepers from inadvertently disrupting civilians’ own strategies; but it also risks drawing peacekeepers into the conflict in a non-impartial way, as civilian self-protection is almost inevitably tied up in the political issues at stake. The chapter argues that peacekeepers should see their role as one of “protection-with,” and try to extend civilian strategies by providing safety for peace builders who are trying to engaged across the fault lines of the conflict.
Helen M. Kinsella
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449031
- eISBN:
- 9780801460784
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449031.003.0005
- Subject:
- Political Science, Security Studies
This chapter gives an overview of the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which reflected the treatment of civilians during the Spanish Civil War, ...
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This chapter gives an overview of the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which reflected the treatment of civilians during the Spanish Civil War, World War I, and World War II. In particular, after the express horrors of World War II, the international community finally considered creating definite provisions for the protection of civilians. Until this juncture the formal laws of war said very little about the definition, much less protection, of the civilian because the protections and standards of civilization were said to be sufficient. The closest to codification these particular protections of civilization ever came was in the Martens clause. Written by Frederic de Martens, an influential Russian lawyer and diplomat and a delegate to The Hague, the Martens clause conjures its “ancient antecedents in natural law and chivalry.”Less
This chapter gives an overview of the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which reflected the treatment of civilians during the Spanish Civil War, World War I, and World War II. In particular, after the express horrors of World War II, the international community finally considered creating definite provisions for the protection of civilians. Until this juncture the formal laws of war said very little about the definition, much less protection, of the civilian because the protections and standards of civilization were said to be sufficient. The closest to codification these particular protections of civilization ever came was in the Martens clause. Written by Frederic de Martens, an influential Russian lawyer and diplomat and a delegate to The Hague, the Martens clause conjures its “ancient antecedents in natural law and chivalry.”
Daphna Shraga
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199641499
- eISBN:
- 9780191732218
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641499.003.0002
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human ...
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This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human rights became the ‘centre-piece of the human rights protection system’ of the international community. It describes the place of the Security Council in the framework of the UN human rights institutions, and how the Council came to regard human rights violations as a threat to international peace, making it possible for the Council to take action against such violations with measures provided for in Chapter VII of the UN Charter. It identifies three human rights which have attracted most of the Council's attention: the right of peoples to self-determination, the right to democratic governance, and the fundamental rights (arising under international human rights law and international humanitarian law) of civilian populations and minorities during war and internal conflict.Less
This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human rights became the ‘centre-piece of the human rights protection system’ of the international community. It describes the place of the Security Council in the framework of the UN human rights institutions, and how the Council came to regard human rights violations as a threat to international peace, making it possible for the Council to take action against such violations with measures provided for in Chapter VII of the UN Charter. It identifies three human rights which have attracted most of the Council's attention: the right of peoples to self-determination, the right to democratic governance, and the fundamental rights (arising under international human rights law and international humanitarian law) of civilian populations and minorities during war and internal conflict.
Ralph Mamiya
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0004
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter outlines the historical evolution of civilian protection concepts. It considers key developmental drivers and explores the various modern conceptions of civilian protection, comparing ...
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This chapter outlines the historical evolution of civilian protection concepts. It considers key developmental drivers and explores the various modern conceptions of civilian protection, comparing and contrasting how it is understood and applied in humanitarian, human rights, and military contexts. The chapter contrasts the conception and practice of the protection of civilians during the inter-war period, which focused heavily on neutral and impartial action, with the concept and practice latterly developed by the Security Council, incorporating greater focus on international human rights law and the use of force. It concludes by examining the responsibility to protect and the use of protection-of-civilians language in the Security Council resolution authorising the 2011 intervention in Libya.Less
This chapter outlines the historical evolution of civilian protection concepts. It considers key developmental drivers and explores the various modern conceptions of civilian protection, comparing and contrasting how it is understood and applied in humanitarian, human rights, and military contexts. The chapter contrasts the conception and practice of the protection of civilians during the inter-war period, which focused heavily on neutral and impartial action, with the concept and practice latterly developed by the Security Council, incorporating greater focus on international human rights law and the use of force. It concludes by examining the responsibility to protect and the use of protection-of-civilians language in the Security Council resolution authorising the 2011 intervention in Libya.
Stian Kjeksrud, Jacob Aasland Ravndal, Andreas Øien Stensland, Cedric de Coning, and Walter Lotze
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0005
- Subject:
- Law, Public International Law, Human Rights and Immigration
Focusing on military activities to protect civilians, the chapter analyses the approaches taken by the UN, the EU, NATO, and the AU and finds that despite the unprecedented concern with improving the ...
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Focusing on military activities to protect civilians, the chapter analyses the approaches taken by the UN, the EU, NATO, and the AU and finds that despite the unprecedented concern with improving the physical security of civilians under threat, none of the four organizations does so effectively. The UN knows what it takes to protect, but seldom displays the will to apply military force for this purpose. NATO is willing to use force to protect, but is less aware of how it should be done when civilians are directly targeted. The AU has the knowledge, experience, and willingness to apply force to protect, but remains highly dependent on external resources to do so consistently. The EU has both concepts and capabilities, but struggles to generate troops in time when needed. The authors posit that understanding the limitations and comparative advantages of each organization is an important step towards more effective protection.Less
Focusing on military activities to protect civilians, the chapter analyses the approaches taken by the UN, the EU, NATO, and the AU and finds that despite the unprecedented concern with improving the physical security of civilians under threat, none of the four organizations does so effectively. The UN knows what it takes to protect, but seldom displays the will to apply military force for this purpose. NATO is willing to use force to protect, but is less aware of how it should be done when civilians are directly targeted. The AU has the knowledge, experience, and willingness to apply force to protect, but remains highly dependent on external resources to do so consistently. The EU has both concepts and capabilities, but struggles to generate troops in time when needed. The authors posit that understanding the limitations and comparative advantages of each organization is an important step towards more effective protection.
Adam Roberts
- Published in print:
- 2011
- Published Online:
- January 2015
- ISBN:
- 9780199596737
- eISBN:
- 9780191803543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199596737.003.0020
- Subject:
- Political Science, Political Theory, International Relations and Politics
This chapter argues that the widely held view that civilians are worse off in today’s wars is flawed. It explores changes in the past two centuries in the roles and perceptions of the civilian. It ...
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This chapter argues that the widely held view that civilians are worse off in today’s wars is flawed. It explores changes in the past two centuries in the roles and perceptions of the civilian. It questions the oft-repeated statistics showing an increase in the ratio of civilian to military casualties. It suggests that in the laws of war (also called international humanitarian law), there have been advances in internationally agreed standards of protection of civilians from the effects of war, and that in practice something has been achieved under the auspices of the United Nations and humanitarian relief bodies. Despite the problems encountered in the protection of civilians, such protection will remain an important aspect of international attempts to limit the effects of war.Less
This chapter argues that the widely held view that civilians are worse off in today’s wars is flawed. It explores changes in the past two centuries in the roles and perceptions of the civilian. It questions the oft-repeated statistics showing an increase in the ratio of civilian to military casualties. It suggests that in the laws of war (also called international humanitarian law), there have been advances in internationally agreed standards of protection of civilians from the effects of war, and that in practice something has been achieved under the auspices of the United Nations and humanitarian relief bodies. Despite the problems encountered in the protection of civilians, such protection will remain an important aspect of international attempts to limit the effects of war.
Siobhán Wills
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199533879
- eISBN:
- 9780191714801
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533879.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This book examines the obligations of peacekeepers and other multi-national forces to prevent serious abuses of human rights towards civilians under international humanitarian law and international ...
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This book examines the obligations of peacekeepers and other multi-national forces to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It does so by analysing the meaning and practical consequences for troops of the Article 1 duty to respect and ensure respect for the Geneva Conventions, of the duty to secure human rights found in most international human rights treaties, and of the duty to restore law and order in an occupation. There are more troops engaged in peacekeeping activities now than in any other time in history. Increasingly peacekeepers are in theory deployed to protect civilians from harm, but in practice the situations they find themselves in are often less than clear-cut. There are many instances in recent memory where troops failed to save the very civilians they were meant to protect. Peacekeepers may lack the mandate or resources to protect civilians from human rights abuses, or they may even themselves violate civilians' rights. This book analyses the duty to intervene to stop the commission of serious abuses of human rights. It examines the extent of troops' obligations to provide protection in light of various different operational and legal contexts. It also explores the ‘grey areas’ not adequately covered by international law. It discusses whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights, and concludes by offering some guidelines for troops faced with such violations.Less
This book examines the obligations of peacekeepers and other multi-national forces to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It does so by analysing the meaning and practical consequences for troops of the Article 1 duty to respect and ensure respect for the Geneva Conventions, of the duty to secure human rights found in most international human rights treaties, and of the duty to restore law and order in an occupation. There are more troops engaged in peacekeeping activities now than in any other time in history. Increasingly peacekeepers are in theory deployed to protect civilians from harm, but in practice the situations they find themselves in are often less than clear-cut. There are many instances in recent memory where troops failed to save the very civilians they were meant to protect. Peacekeepers may lack the mandate or resources to protect civilians from human rights abuses, or they may even themselves violate civilians' rights. This book analyses the duty to intervene to stop the commission of serious abuses of human rights. It examines the extent of troops' obligations to provide protection in light of various different operational and legal contexts. It also explores the ‘grey areas’ not adequately covered by international law. It discusses whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights, and concludes by offering some guidelines for troops faced with such violations.
Daniel H. Levine
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780748675890
- eISBN:
- 9780748697199
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748675890.003.0007
- Subject:
- Philosophy, Moral Philosophy
Peacekeepers now consider “protection of civilians” to be central to their obligations – both morally and, at least since 1999, usually as a matter of their mandate. The concept of “protection” is ...
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Peacekeepers now consider “protection of civilians” to be central to their obligations – both morally and, at least since 1999, usually as a matter of their mandate. The concept of “protection” is not as clear as it may seem; some kinds of protection may preserve physical life at the cost of impeding civilians’ abilities to live meaningful lives, or provide short-term safety while interfering with the goal of creating a more secure environment long-term. This is especially so because peace building often requires contact between groups and individuals in conflict, rather than keeping safe distance. Peacekeepers also need to be aware of the ways in which their own actions can make people unsafe, rather than seeing themselves as simply providers of protection from other dangers – particular attention is paid, in this regard, to the problem of sexual abuse and exploitation. This chapter seeks to provide a more sophisticated analysis of protection in terms of vulnerability, the ways in which our abilities to pursue our own lives are both enhanced by, and dependent on, the actions of others.Less
Peacekeepers now consider “protection of civilians” to be central to their obligations – both morally and, at least since 1999, usually as a matter of their mandate. The concept of “protection” is not as clear as it may seem; some kinds of protection may preserve physical life at the cost of impeding civilians’ abilities to live meaningful lives, or provide short-term safety while interfering with the goal of creating a more secure environment long-term. This is especially so because peace building often requires contact between groups and individuals in conflict, rather than keeping safe distance. Peacekeepers also need to be aware of the ways in which their own actions can make people unsafe, rather than seeing themselves as simply providers of protection from other dangers – particular attention is paid, in this regard, to the problem of sexual abuse and exploitation. This chapter seeks to provide a more sophisticated analysis of protection in terms of vulnerability, the ways in which our abilities to pursue our own lives are both enhanced by, and dependent on, the actions of others.
Erin Mooney
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0009
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter situates the protection of displaced persons in the broader challenge of protection of civilians, considering the place that displacement occupies in the protection agenda of the ...
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This chapter situates the protection of displaced persons in the broader challenge of protection of civilians, considering the place that displacement occupies in the protection agenda of the Security Council. It examines the protection that international law affords civilians who are at risk of, or experiencing, displacement in situations of armed conflict. The analysis presented focuses on three elements: (a) protection against the act of forced displacement; (b) protection when displaced, both cross-border and through internal displacement; and (c) safe and sustainable solutions to displacement. The legal analysis is illustrated by reference to actual situations of displacement in contemporary conflicts.Less
This chapter situates the protection of displaced persons in the broader challenge of protection of civilians, considering the place that displacement occupies in the protection agenda of the Security Council. It examines the protection that international law affords civilians who are at risk of, or experiencing, displacement in situations of armed conflict. The analysis presented focuses on three elements: (a) protection against the act of forced displacement; (b) protection when displaced, both cross-border and through internal displacement; and (c) safe and sustainable solutions to displacement. The legal analysis is illustrated by reference to actual situations of displacement in contemporary conflicts.
Michael Keating and Richard Bennett
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0017
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter examines the contribution of human rights to protecting people in conflict. The authors consider the link between human rights and the protection of civilians and describe human rights ...
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This chapter examines the contribution of human rights to protecting people in conflict. The authors consider the link between human rights and the protection of civilians and describe human rights protection practice using examples from Sri Lanka, Afghanistan, and South Sudan. Drawing on the three case studies, the authors conclude that UN human rights protection practice can significantly contribute to overarching civilian protection objectives before, during, and after conflicts. However, they find that despite a strong normative basis and renewed determination by the UN, serious challenges persist with regard to operationalizing human rights standards and ensuring that human rights work plays a full part in protection strategies on the ground.Less
This chapter examines the contribution of human rights to protecting people in conflict. The authors consider the link between human rights and the protection of civilians and describe human rights protection practice using examples from Sri Lanka, Afghanistan, and South Sudan. Drawing on the three case studies, the authors conclude that UN human rights protection practice can significantly contribute to overarching civilian protection objectives before, during, and after conflicts. However, they find that despite a strong normative basis and renewed determination by the UN, serious challenges persist with regard to operationalizing human rights standards and ensuring that human rights work plays a full part in protection strategies on the ground.
Haidi Willmot
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0006
- Subject:
- Law, Public International Law, Human Rights and Immigration
The chapter examines changes in three key aspects of the collective security system: (a) the mechanism for determining aggression and deciding response measures; (b) the determination of threats to ...
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The chapter examines changes in three key aspects of the collective security system: (a) the mechanism for determining aggression and deciding response measures; (b) the determination of threats to the peace; and (c) the measures used to address such threats. It finds that the system recognizes the legitimacy of civilians as a group to be protected irrespective of their polity, but at the same time remains committed to States as the primary security actors, and therefore seeks to execute protection within that paradigm. In doing so, the system creates two distinct but closely linked communities—a society of individuals and a society of States—both of which civilians are simultaneously members, and that, it is argued, represents a trajectory toward a cosmopolitan idea of the ordering of global society.Less
The chapter examines changes in three key aspects of the collective security system: (a) the mechanism for determining aggression and deciding response measures; (b) the determination of threats to the peace; and (c) the measures used to address such threats. It finds that the system recognizes the legitimacy of civilians as a group to be protected irrespective of their polity, but at the same time remains committed to States as the primary security actors, and therefore seeks to execute protection within that paradigm. In doing so, the system creates two distinct but closely linked communities—a society of individuals and a society of States—both of which civilians are simultaneously members, and that, it is argued, represents a trajectory toward a cosmopolitan idea of the ordering of global society.
Haidi Willmot, Ralph Mamiya, Scott Sheeran, and Marc Weller (eds)
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The protection of civilians is a highly topical issue, which has been at the forefront of international discourse and taken a prominent role in many international deployments during recent years. It ...
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The protection of civilians is a highly topical issue, which has been at the forefront of international discourse and taken a prominent role in many international deployments during recent years. It has been at the centre of debates on the NATO intervention in Libya; UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo; and the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. The Protection of Civilians is an edited collection offering a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis embedding the realities of diplomacy and mandate implementation in the academic discourse. In doing so, it engages a series of current debates, including on the complementarities and conflicts within the foundational bodies of law, the role of politics and diplomacy in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force.Less
The protection of civilians is a highly topical issue, which has been at the forefront of international discourse and taken a prominent role in many international deployments during recent years. It has been at the centre of debates on the NATO intervention in Libya; UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo; and the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. The Protection of Civilians is an edited collection offering a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis embedding the realities of diplomacy and mandate implementation in the academic discourse. In doing so, it engages a series of current debates, including on the complementarities and conflicts within the foundational bodies of law, the role of politics and diplomacy in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force.
Sarah Sewall
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780198717782
- eISBN:
- 9780191787294
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198717782.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter considers the ways in which the application of military force in atrocity situations differs from conventional military interventions. The distinctions between applying force in atrocity ...
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This chapter considers the ways in which the application of military force in atrocity situations differs from conventional military interventions. The distinctions between applying force in atrocity settings versus conventional combat operations poses a number of significant challenges. First, how should ‘protection’ relate to other military concepts and goals and the unique features and considerations that apply to a protection mission? A secondary challenge that logically flows from the first is practical implementation. As NATO’s 2011 intervention in Libya underscores, how should states and regional and international organizations prepare military forces to carry out such operations at the tactical level? The chapter concludes by urging R2P advocates towards developing common doctrine and enhancing military capabilities so that atrocity prevention can succeed in practice.Less
This chapter considers the ways in which the application of military force in atrocity situations differs from conventional military interventions. The distinctions between applying force in atrocity settings versus conventional combat operations poses a number of significant challenges. First, how should ‘protection’ relate to other military concepts and goals and the unique features and considerations that apply to a protection mission? A secondary challenge that logically flows from the first is practical implementation. As NATO’s 2011 intervention in Libya underscores, how should states and regional and international organizations prepare military forces to carry out such operations at the tactical level? The chapter concludes by urging R2P advocates towards developing common doctrine and enhancing military capabilities so that atrocity prevention can succeed in practice.
Mona Ali Khalil
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0010
- Subject:
- Law, Public International Law, Human Rights and Immigration
The chapter examines the evolution and raison d’être of the protection-of-civilians mandate and elaborates the legal framework governing the use of force by UN peacekeepers to protect civilians from ...
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The chapter examines the evolution and raison d’être of the protection-of-civilians mandate and elaborates the legal framework governing the use of force by UN peacekeepers to protect civilians from the imminent threat of physical violence. It finds that the legal framework for the protection-of-civilians mandate and the authority to use all necessary means, up to and including deadly force, is both broad and deeply founded. However, a number of factors may have an inhibiting effect on the use of force by UN peacekeepers beyond self-defence and for the protection of civilians. These include: confusion regarding the meaning and scope of the legal terminology; concerns regarding the host State’s consent; lack of clarity around the mission leadership’s roles and responsibilities; the potential for criminal accountability and/or becoming a party to the conflict; the duality of contingent and mission command structures; and the ‘basic principles’ of peacekeeping.Less
The chapter examines the evolution and raison d’être of the protection-of-civilians mandate and elaborates the legal framework governing the use of force by UN peacekeepers to protect civilians from the imminent threat of physical violence. It finds that the legal framework for the protection-of-civilians mandate and the authority to use all necessary means, up to and including deadly force, is both broad and deeply founded. However, a number of factors may have an inhibiting effect on the use of force by UN peacekeepers beyond self-defence and for the protection of civilians. These include: confusion regarding the meaning and scope of the legal terminology; concerns regarding the host State’s consent; lack of clarity around the mission leadership’s roles and responsibilities; the potential for criminal accountability and/or becoming a party to the conflict; the duality of contingent and mission command structures; and the ‘basic principles’ of peacekeeping.
Siobhán Wills
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0011
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter focuses specifically on protection obligations of UN Security Council-mandated missions, noting that civilian protection norms have developed in an ad hoc manner through a combination of ...
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This chapter focuses specifically on protection obligations of UN Security Council-mandated missions, noting that civilian protection norms have developed in an ad hoc manner through a combination of legal and political enterprises. Consequently, although peacekeeping mandates authorize protection activities, there is little established guidance as to what a force is expected to do, and even less as to what it is obliged to do, to carry out its mandate. The chapter argues there are legal obligations to protect that are derived largely from international human rights law, international humanitarian law, and the International Law Commission’s Draft Articles on the Responsibilities of International Organizations. These obligations are comparatively weak because they depend on a narrow intersection of developing (or debatable) law, practice, and circumstance, but nevertheless, they have important operational implications for UN missions.Less
This chapter focuses specifically on protection obligations of UN Security Council-mandated missions, noting that civilian protection norms have developed in an ad hoc manner through a combination of legal and political enterprises. Consequently, although peacekeeping mandates authorize protection activities, there is little established guidance as to what a force is expected to do, and even less as to what it is obliged to do, to carry out its mandate. The chapter argues there are legal obligations to protect that are derived largely from international human rights law, international humanitarian law, and the International Law Commission’s Draft Articles on the Responsibilities of International Organizations. These obligations are comparatively weak because they depend on a narrow intersection of developing (or debatable) law, practice, and circumstance, but nevertheless, they have important operational implications for UN missions.
Jean-Marie Guéhenno
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0012
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter questions whether the UN has effectively used the range of tools at its disposal to protect civilians in conflict and considers the role that the UN, the international community, ...
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This chapter questions whether the UN has effectively used the range of tools at its disposal to protect civilians in conflict and considers the role that the UN, the international community, individual States, and civilian populations can and should play to protect civilians. It finds that the UN’s efforts both to provide physical protection and to build State capacity have revealed the Organization’s limitations. Noting the shallow political consensus for dealing with protection issues, it suggests that protection–of-civilians peacekeeping mandates may simply reflect Security Council recourse to a concept adopted from international humanitarian law, used to mask continuing political divisions. For the protection of civilians to truly serve people on the ground, and be more than a temporary response to an emergency, it argues that UN efforts need to go beyond the superficial and address the creation of a lasting protective environment, which ultimately empowers communities.Less
This chapter questions whether the UN has effectively used the range of tools at its disposal to protect civilians in conflict and considers the role that the UN, the international community, individual States, and civilian populations can and should play to protect civilians. It finds that the UN’s efforts both to provide physical protection and to build State capacity have revealed the Organization’s limitations. Noting the shallow political consensus for dealing with protection issues, it suggests that protection–of-civilians peacekeeping mandates may simply reflect Security Council recourse to a concept adopted from international humanitarian law, used to mask continuing political divisions. For the protection of civilians to truly serve people on the ground, and be more than a temporary response to an emergency, it argues that UN efforts need to go beyond the superficial and address the creation of a lasting protective environment, which ultimately empowers communities.
Haidi Willmot, Ralph Mamiya, Scott Sheeran, and Marc Weller
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0021
- Subject:
- Law, Public International Law, Human Rights and Immigration
Drawing on the foregoing chapters, the conclusion offers a holistic vision of the protection of civilians, attempting to reconcile definitions, identify a cohesive legal framework, and find ...
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Drawing on the foregoing chapters, the conclusion offers a holistic vision of the protection of civilians, attempting to reconcile definitions, identify a cohesive legal framework, and find complementarities in protection activities. The chapter argues that a shared understanding of protection terminology would facilitate the spectrum of protection actors working together to achieve complementary objectives, and offers a common definition. It provides an analysis of both positive and negative protection obligations drawn from the UN Charter, international humanitarian law, international human rights law, and international refugee law. It advocates for the development and conclusion of a clear unified statement of the normative framework governing protection. Finally, the chapter promotes the development of general principles for protection practice, drawing upon the challenges and solutions that various authors identify throughout the volume.Less
Drawing on the foregoing chapters, the conclusion offers a holistic vision of the protection of civilians, attempting to reconcile definitions, identify a cohesive legal framework, and find complementarities in protection activities. The chapter argues that a shared understanding of protection terminology would facilitate the spectrum of protection actors working together to achieve complementary objectives, and offers a common definition. It provides an analysis of both positive and negative protection obligations drawn from the UN Charter, international humanitarian law, international human rights law, and international refugee law. It advocates for the development and conclusion of a clear unified statement of the normative framework governing protection. Finally, the chapter promotes the development of general principles for protection practice, drawing upon the challenges and solutions that various authors identify throughout the volume.
Aditi Gorur and Nils Carstensen
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0020
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter discusses the frequent focus on what the international community, governments, or armed groups do or fail to do to protect civilians. Yet often it is civilians themselves who do the most ...
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This chapter discusses the frequent focus on what the international community, governments, or armed groups do or fail to do to protect civilians. Yet often it is civilians themselves who do the most to guarantee their own safety, and the safety of their families and communities. The chapter explores the importance of understanding local perspectives on protection and reviews current efforts to support individual self-protection and community-based protection strategies. Based on research in several major crises, it seeks to demonstrate how understanding and supporting community-based protection strategies in a flexible and sensitive manner can significantly improve the impact of protection interventions by both affected communities themselves and external humanitarian, human rights, or peacekeeping protection actors.Less
This chapter discusses the frequent focus on what the international community, governments, or armed groups do or fail to do to protect civilians. Yet often it is civilians themselves who do the most to guarantee their own safety, and the safety of their families and communities. The chapter explores the importance of understanding local perspectives on protection and reviews current efforts to support individual self-protection and community-based protection strategies. Based on research in several major crises, it seeks to demonstrate how understanding and supporting community-based protection strategies in a flexible and sensitive manner can significantly improve the impact of protection interventions by both affected communities themselves and external humanitarian, human rights, or peacekeeping protection actors.
Bruno Stagno Ugarte
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0014
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter tracks the practice of the Security Council in addressing the protection of civilians, presenting an ‘inside story’ of protection-of-civilians diplomacy within the Council. The chapter ...
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This chapter tracks the practice of the Security Council in addressing the protection of civilians, presenting an ‘inside story’ of protection-of-civilians diplomacy within the Council. The chapter also considers Council interaction with a number of other stakeholders, including host States and troop-contributing countries, the UN Secretariat, and regional and sub-regional organizations. It draws conclusions about the benefits and limitations of Security Council engagement on protection issues given its composition and function as prescribed by the UN Charter as well as its working methods, highlighting the fundamental importance of political will as well as the role of non-permanent Security Council members.Less
This chapter tracks the practice of the Security Council in addressing the protection of civilians, presenting an ‘inside story’ of protection-of-civilians diplomacy within the Council. The chapter also considers Council interaction with a number of other stakeholders, including host States and troop-contributing countries, the UN Secretariat, and regional and sub-regional organizations. It draws conclusions about the benefits and limitations of Security Council engagement on protection issues given its composition and function as prescribed by the UN Charter as well as its working methods, highlighting the fundamental importance of political will as well as the role of non-permanent Security Council members.
Jamie A Williamson
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198729266
- eISBN:
- 9780191796180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729266.003.0008
- Subject:
- Law, Public International Law, Human Rights and Immigration
The chapter notes that sixty-five years after the adoption of the Fourth Geneva Convention, the number of civilian casualties remains alarmingly high in many armed conflicts. It concludes that too ...
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The chapter notes that sixty-five years after the adoption of the Fourth Geneva Convention, the number of civilian casualties remains alarmingly high in many armed conflicts. It concludes that too often belligerents seem to act with utter disregard for the protection of civilians, with many of the most egregious attacks against civilians committed by non-State actors. The chapter considers whether that state of affairs can be apportioned to the conceptual limitations of international humanitarian law, or whether it is simply a result of the challenges posed by the complex dynamics of many contemporary armed conflicts. It argues that improving the protection of civilians through compliance with international humanitarian law requires more integrated efforts by the international community, not only in preventing harm from occurring, but also to address the root causes of today’s humanitarian challenges.Less
The chapter notes that sixty-five years after the adoption of the Fourth Geneva Convention, the number of civilian casualties remains alarmingly high in many armed conflicts. It concludes that too often belligerents seem to act with utter disregard for the protection of civilians, with many of the most egregious attacks against civilians committed by non-State actors. The chapter considers whether that state of affairs can be apportioned to the conceptual limitations of international humanitarian law, or whether it is simply a result of the challenges posed by the complex dynamics of many contemporary armed conflicts. It argues that improving the protection of civilians through compliance with international humanitarian law requires more integrated efforts by the international community, not only in preventing harm from occurring, but also to address the root causes of today’s humanitarian challenges.
