IHL and Peace Operations: Sharing Canada's lessons learned from Somalia

1998 ◽  
Vol 1 ◽  
pp. 362-370 ◽  
Author(s):  
Robert M. Young ◽  
Maria Molina
Keyword(s):  
Armed Forces ◽  
Lessons Learned ◽  
Background Information ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Canadian Forces ◽  
Peace Operation ◽  
Key Issues

This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.After some background information, we focus on two key issues concerning IHL arising from the Commission's work:(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and(2) Canada's obligation to provide IHL training to die members of its armed forces.We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.

From Peacekeepers to Parties to the Conflict: An IHL’s Appraisal of the Role of UN Peace Operations in NIACs

2020 ◽  
Vol 25 (2) ◽  
pp. 209-236
Author(s):  
Bianca Maganza
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
The Status ◽  
The Impact ◽  
Evolutionary Interpretation

Abstract The article analyses the application of international humanitarian law (IHL) to UN ‘peace operations’ when, due to their factual involvement in hostilities, they become parties to a non-international armed conflict. It argues that the notion of party to the conflict allows to focus on the collective entity and its obligations, and to infer the status of individual members of the operation from the mission's collective status. In assessing the consequences of that scenario, the article further discusses the external and internal borders of the scope of the notion of party to the conflict as applied to UN peace operations, and examines the impact of the loss of protection from attack on the principle of distinction. It concludes by suggesting that, in light of the increasing involvement of UN peace operations in situations that factually amount to armed conflict, an evolutionary interpretation of the theory of IHL's application to the situation is needed.

scholarly journals Explicar la eficacia de una operación de paz, buscando reconocimiento como militares. La experiencia de los cascos azules argentinos en Haití / EXPLAIN THE EFFICACY OF A PEACE OPERATION, SEARCHING RECOGNITION AS MILITARIES. THE EXPERIENCE OF ARGENTINEAN P

2017 ◽  
Vol 10 (1) ◽  
pp. 117
Author(s):  
Sabina Frederic
Keyword(s):  
Cold War ◽  
Local Population ◽  
Armed Forces ◽  
Peace Operations ◽  
Operational Environment ◽  
Post Cold War ◽  
Ethnographic Interviews ◽  
Peace Operation

<p>La operación de paz en Haití es considerada por los ex cascos azules argentinos, la más importante de sus carreras profesionales. Entre 2004 y 2015 fueron desplegados trece mil militares, mayoritariamente del Ejército. Al relatar su experiencia, los integrantes de los primeros batallones explicaban su eficacia en la pacificación, introduciendo su sensibilidad a la pobreza de los haitianos en el ambiente operacional y la consiguiente ejecución de acciones cívicas. En sus narrativas así respondían también a la ausencia de reconocimiento de las Fuerzas Armadas en el ámbito doméstico. <br />Al analizar la construcción del ambiente operacional mostraremos cómo una operación considerada militar se atribuye su éxito a una variedad de tareas cívicas de aproximación a la población local y de qué manera produjo ambigüedades en la condición de militares, guerreros y humanizados. Indagamos esta cuestión en entrevistas etnográficas realizadas a ex cascos azules para introducirnos en el debate sobre: el rol de las Fuerzas Armadas argentinas en el proceso de la Posguerra Fría; la referencia al escenario nacional en la construcción de los ambientes operacionales en misiones de paz extraterritoriales; y la condición cambiante de los militares en procesos de pacificación.</p><p>Palabras Claves: Militares; eficacia; reconocimiento; operaciones de paz.</p><p>Abstract<br />The former Argentinean peacekeepers considered the peace operation in Haiti as the most important of their professional carriers. Between 2004 and 2015 were deployed to it thirteen thousand militaries, the majority from the Army. When telling their experience, members of the firsts battalions explained efficacy in pacification, introducing their sensibility toward Haitian poverty into the operational environment, and the consequent achievement of civic actions. Thus in their narratives they also answer to the lack of Armed Forces recognition in the domestic stage.<br />Analyzing the operational environment construction, we are going to show how an operation considered military ascribe its success to a variety of civic tasks of approach to the local population, and in which way it produced ambiguities in military condition as warriors and humanized. We study that question in ethnographic interviews made to ex peacekeepers to introduce us in the debate about the role of Argentine Armed Forces in the Post-cold War process; the reference of the national stage in the operational environment construction in extraterritorial peace operations; and the shifting condition of the militaries in pacification processes.</p><p>Keywords: Militaries; efficacy; recognition; peace operations.</p>

Compliance with International Humanitarian Law in Multinational Peace Operations

2009 ◽  
Vol 78 (4) ◽  
pp. 513-526 ◽  
Author(s):  
Ola Engdahl
Keyword(s):  
Armed Conflict ◽  
General Level ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Military Operations ◽  
Training And Education ◽  
Host State ◽  
Peace Operation ◽  
Effective Compliance

AbstractThe duty to respect international humanitarian law (IHL) in military operations requires effective tools of compliance. Peace operation forces are seldom involved in armed conflict and IHL applies formally only in a minorityof operations. The increasingly volatile environments in which peace operation personnel are required to work, and the trend of enforcement capabilities of such forces, will arguably make the question of compliance with IHL all the more important. Multinational peace operations often include a range of actors–such as the UN, another organisation leading the operation, troop contributing nations (TCNs) and the host state. Differences in training and education as well implementation of IHL in different TCNs makes compliance with IHL in multinational operations a challenging task. The use of special units with their culture of secrecy involves other complex questions. On a more general level, it is not clearly established how responsibility under international is dividedamong the main actors in a multinational peace operation. A number of practical measures are suggested to overcome challenges to an effective compliance of IHL.

Africa — Latin America — Asia — Middle East

1976 ◽  
Vol 16 (187) ◽  
pp. 512-517
Keyword(s):  
Armed Forces ◽  
Foreign Affairs ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Sao Tome And Principe ◽  
Joint Mission ◽  
Commander In Chief

A joint mission of the League of Red Cross Societies and the ICRC in São Tomé and Principe, from 11 to 18 August, was the first since the independence of the islands on 12 July 1975. The League delegate, Mr. M. Toé, and the ICRC representative, Mr. T. Germond, were received by the Prime Minister, Mr. M. Trovoado and the Ministers of Health, Social Affairs and Sports, Information, and Education and Culture. They also had an interview with the Commander-in-Chief of the Armed Forces and with the Minister of Foreign Affairs. The Democratic Republic of São Tomé and Principe having acceded to the Geneva Conventions on 29 April 1976, the questions discussed were the dissemination of knowledge of those Conventions and the role of the ICRC in the development of international humanitarian law. ICRC activities in general throughout the world were also reviewed.

Address by General Jean-René Bachelet

2008 ◽  
Vol 90 (870) ◽  
pp. 211-219 ◽  
Keyword(s):  
Armed Forces ◽  
Former Yugoslavia ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Initial Training ◽  
Military Academy ◽  
French Military ◽  
Opening Address

AbstractGeneral Jean-René Bachelet (2nd Son) was General Inspector of the Armed Forces of the French Republic. In 1995 he commanded the Sarajevo sector in the former Yugoslavia for UNPROFOR, during the paroxysm of the siege until its lifting. Between 1999 and 2004 he led a study to draw up an ethical and behaviour framework for the army and initiated an ambitious reform of the initial training of officers at Saint Cyr, the foremost French military academy. He gave the following opening address at the Interregional Meeting on the Role of Sanctions in Ensuring Greater Respect for International Humanitarian Law, held in Geneva on 15–17 November 2007.

scholarly journals Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis

2021 ◽  
Author(s):  
Luke Kelly
Keyword(s):  
Cultural Heritage ◽  
Armed Forces ◽  
Lessons Learned ◽  
Cultural Property ◽  
Rapid Review ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Heritage Culture ◽  
International Monitoring ◽  
Heritage Protection

This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.

The applicability and application of international humanitarian law to multinational forces

2013 ◽  
Vol 95 (891-892) ◽  
pp. 561-612 ◽  
Author(s):  
Tristan Ferraro
Keyword(s):  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Peace Operation ◽  
Geographical Scope

AbstractThe multifaceted nature of peace operations today and the increasingly violent environments in which their personnel operate increase the likelihood of their being called upon to use force. It thus becomes all the more important to understand when and how international humanitarian law (IHL) applies to their action. This article attempts to clarify the conditions for IHL applicability to multinational forces, the extent to which this body of law applies to peace operations, the determination of the parties to a conflict involving a multinational peace operation and the classification of such conflict. Finally, it tackles the important question of the personal, temporal and geographical scope of IHL in peace operations.

The Application of International Humanitarian Law by the Israel Defense Forces

2017 ◽  
Author(s):  
Amichai Cohen ◽  
Eyal Ben-Ari
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Advocate General ◽  
The Past ◽  
Junior Officers ◽  
Military Commanders ◽  
Legal Frameworks ◽  
Israel Defense Forces ◽  
The Military

This chapter describes how increased juridification and demands to apply international humanitarian law (IHL) have influenced the Israel Defense Forces (IDF). The authors analyze the IDF’s compliance with IHL and other legal frameworks through a multilevel and multidimensional model of military compliance describing the law and external institutions involved in applying it. The past decades have seen the relatively autonomous sphere of the military increasingly come under judicial overview. Judicial and international pressures have also increased the role of the operational legal advisors. The chapter ends by discussing the ceremonies intended to promote compliance with IHL involving soldiers and junior officers. It is based on interviews (with Israeli academic experts, members of nongovernmental organizations [NGOs], and military commanders), off-the-record conversations with members of the IDF’s Military Advocate General, and newspaper articles, reports of NGOs, and secondary material.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

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