The Legal Protection of Personnel of United Nations Peacekeeping Operations in Times of NIAC

Author(s):  
Keiichiro Okimoto
2018 ◽  
Vol 25 (2) ◽  
pp. 458-485 ◽  
Author(s):  
Ingvild Bode ◽  
John Karlsrud

Since the failures of the United Nations of the early 1990s, the protection of civilians has evolved as a new norm for United Nations peacekeeping operations. However, a 2014 United Nations report found that while peacekeeping mandates often include the use of force to protect civilians, this has routinely been avoided by member states. What can account for this gap between the apparently solid normative foundations of the protection of civilians and the wide variation in implementation? This article approaches the question by highlighting normative ambiguity as a fundamental feature of international norms. Thereby, we consider implementation as a political, dynamic process where the diverging understandings that member states hold with regard to the protection of civilians norm manifest and emerge. We visualize this process in combining a critical-constructivist approach to norms with practice theories. Focusing on the practices of member states’ military advisers at the United Nations headquarters in New York, and their positions on how the protection of civilians should be implemented on the ground, we draw attention to their agency in norm implementation at an international site. Military advisers provide links between national ministries and contingents in the field, while also competing for being recognized as competent performers of appropriate implementation practices. Drawing on an interpretivist analysis of data generated through an online survey, a half-day workshop and interviews with selected delegations, the article adds to the understanding of norms in international relations while also providing empirical insights into peacekeeping effectiveness.


Author(s):  
Alison Giffen

Two years and five months following the country’s independence from Sudan, a political crisis in South Sudan quickly devolved into a civil war marked by violence that could amount to atrocities. At the time, a United Nations peacekeeping operation, UNMISS, was the principal multinational intervention in South Sudan. UNMISS was explicitly mandated to assist the government of South Sudan to fulfil its responsibility to protect and was also authorized to protect civilians when the government was unable or unwilling to do so. Despite this role, UNMISS’s Special Representative of the Secretary-General said that no one could have predicted the scale or speed at which the violence unfolded. This chapter explores whether the atrocities could have been predicted by UNMISS, why UNMISS was unprepared, and what other peacekeeping operations can learn from UNMISS’s experience.


Author(s):  
Waheguru Pal Singh Sidhu

This chapter examines India’s important contributions to U.N. peacekeeping. It discusses peacekeeping operations and their objectives, outlines the United Nations’ peacekeeping principles, and reviews the role India played in historical events such as The Korean War, United Nations Emergency Force, and United Nations Operation in Congo. The chapter argues that as India and Jawaharlal Nehru held no political or economic interest, only a strong vision for peace and a manifestation of One World, they adhered to and encouraged U.N. peacekeeping.


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