Part I General Framework, 4 UN Peace Operations

Author(s):  
Bothe Michael

This chapter examines the laws regarding UN operations for the maintenance or restoration of international peace and security involving military elements. UN peacekeeping forces are by necessity present on ‘foreign’ territory—a fact which renders peacekeeping forces comparable to traditional Visiting Forces. There are, however, a number of differences which distinguish peacekeeping forces from the usual type of Visiting Forces. The main difference is their international mandate as an instrumentality of the UN. Their task is either the prevention or the pacification of international armed conflicts by serving as buffers or observers, or the reestablishment of internal order in a country through a wide array of measures, in particular after the end of an internal conflict. This specific mandate must be reflected in one way or the other in the legal rules which regulate their status and their rights and duties.

2016 ◽  
Vol 20 (1-2) ◽  
pp. 21-36 ◽  
Author(s):  
Tetsuya Toyoda

In September 2015, the Japanese Diet enacted a series of laws – the Peace and Security Legislation – to enable the Japan Self-Defense Force to play an enhanced role in peace deployments overseas. The enactment of the new laws was made possible by a “new” interpretation of Article 9 of the Japanese Constitution. While the main objective of the introduction of the laws was aimed at strengthening the alliance with the United States, jsdf participation in peace operations was also an important consideration politically. This article suggests that the Japanese government will now need to convince the public that the new Peace and Security Legislation is compatible with Japan’s constitutionally mandated pacifism. In light of the prospect of an expanded participation of Japan in international peace operations this will be particularly important.


2017 ◽  
Vol 13 (04) ◽  
pp. 721-727 ◽  
Author(s):  
Soumita Basu

As of June 2017, there were eight United Nations Security Council Resolutions (UNSCRs) on “women and peace and security”—UNSCRs 1325, 1820, 1888, 1889, 1960, 2106, 2122, and 2242. These UNSCRs recognize the gendered nature of armed conflicts and peace processes. They propose institutional provisions geared mainly toward protecting women and girls during armed conflicts and promoting their participation in conflict resolution and prevention. In addition, in March 2016, the Security Council adopted UNSCR 2272, which recommends concrete steps to combat sexual exploitation and abuse in United Nations (UN) peacekeeping operations, an issue that is of significant concern for women, peace, and security (WPS) advocates. The volume of resolutions and policy literature on WPS would suggest that UNSCR 1325 and the follow-up UNSCRs have become central to the mandate of the Security Council. Yet there is a paucity of financial resources to pay for implementation of the resolutions; this has been described as “perhaps the most serious and persistent obstacle … over the past 15 years” (UN Women 2015, 372).


Author(s):  
Fahad Nabeel

With the emergence of cyberspace as the fifth domain of warfare, the prospects of cyber conflicts have increased significantly. Around 300 state-sponsored cyber operations have been conducted since 2005. The future uncertainty of cyber-warfare has prompted calls for necessary measures to regulate the actions of states in cyberspace. In this regard, cyber-peacekeeping has also emerged as a significant research area to distinctively deal with the cyber component of future conflicts. Although, a number of challenges exist regarding materialization of full fledge cyber-peacekeeping force, it can be easily integrated into the current United Nations (UN) peacekeeping organizational structure. In legal terms, operationalization of cyber-peacekeeping force will depend on the mandate of peace operations approved by the UN Security Council (UNSC). This paper discusses the challenges confronting the creation of a cyber- peacekeeping force and also offers recommendations by presenting a general framework regarding how such a force can be operationalized. Despite the fact that a dedicated cyber-peacekeeping force seems a far sighted idea in present times, a distinct cyber unit can certainly be formed and integrated into UN peace operations in near future.


Author(s):  
Richard Gowan

UN peace operations face an uncertain future. Peacekeeping deployments have been through cycles of expansion and contraction since the 1950s. Over the last two decades, the UN has been heavily engaged in a series of sizeable operations, primarily in Africa. Peacekeepers have struggled to engender sustainable peace in cases such as the Democratic Republic of Congo and South Sudan. This reflects organizational weaknesses in the UN peacekeeping system, questions over the limits of military action by peacekeeping forces in volatile environments, and tensions with the fragile governments that the UN is mandated to support. There is a new emphasis on lighter political missions as an alternative to large blue helmet forces. But history shows that the evolution of peace operations is rarely linear or predictable.


Author(s):  
Erin Pobjie

In Resolution 2532 (2020), the UN Security Council characterised the COVID-19 pandemic as an endangerment to international peace and security and, for the first time, demanded a general ceasefire and humanitarian pause in armed conflicts across the globe. This article analyses the resolution and its broader implications. In particular, it examines the significance of the Council’s characterisation of the COVID-19 pandemic, the binding powers of the Security Council for addressing threats to international peace and security which are not ‘threats to the peace’, and the implications for the Council’s mandate and the collective security framework. This article argues that the concept of ‘international peace and security’ under Article 24(1) of the United Nations (UN) Charter – rather than Article 39 ‘threats to the peace’ – is fundamental to the delimitation of the Security Council’s mandate and powers for addressing non-traditional threats to international peace and security such as pandemics and the climate crisis.


2017 ◽  
Vol 9 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Lisa Hultman ◽  
Karin Johansson

Recent years have seen an increased emphasis on protection of civilians and the problem of sexual violence. The Security Council has adopted a number of resolutions towards improving the status of women in the realm of peace and security. However, we do not know if this translates into action by the Security Council in terms of deploying peacekeepers to respond to sexual violence. In this paper, we examine to what extent the prevalence of sexual violence increases the likelihood that the un chooses to deploy peacekeeping operations. In doing so, we acknowledge that sexual violence is an underreported phenomenon, about which the Security Council may not have perfect information. We explore this question by using data from the svac dataset in all intrastate armed conflicts, 1989–2009, which provides information about sexual violence as reported by three main agencies. We examine to what extent sexual violence, as reported by different agencies, is correlated with a higher likelihood that the un deploys a peacekeeping operation. Our findings suggest that reports of sexual violence on average increase the likelihood of a peacekeeping operation. However, depending on which of the sources we consider, we find contradictory findings for whether the un responds differently to sexual violence perpetrated by states and non-state actors respectively.


2014 ◽  
Vol 16 (4) ◽  
pp. 405-422 ◽  
Author(s):  
Mirko Sossai

The purpose of the present analysis is to investigate whether the law of collective security could play a normative function in the determination of which services may or may not be outsourced in the context of un peacekeeping operations. The key question is whether pmscs should only perform those activities instrumental to the life of the un, or should also cover those functions that are a direct expression of the competences attributed to it for the maintenance of international peace and security. The point is made that since peacekeeping is aimed at preserving fundamental values of the international community, peace and increasingly human rights, pmscs might play a part in it, but only in a secondary way.


2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Leonard F. Hutabarat

<p><strong>Abstrak</strong> – Misi Pemeliharaan Perdamaian mengalami evolusi yang meliputi pendekatan kemanusiaan yang lebih luas, personel wanita semakin meningkat menjadi bagian dari keluarga misi pemeliharaan perdamaian.PBB telah meminta lebih banyak penggelaran female peacekeepers guna memperkuat pendekatan “holistik” secara keseluruhan terhadap operasi-operasi pemeliharaan perdamaian PBB saat ini.Banyak yang harus dilakukan dalam mengintegrasikan lebih banyak female peacekeepers kedalam misi-misi PBB. Lebih banyak female peacekeepers yang terlatih akan menjadi aset bagi masa depan operasi-operasi pemeliharaan perdamaian.Pada bulan Oktober 2000 Dewan Keamanan PBB telah menetapkan Resolusi 1325 mengenai Wanita, Perdamaian dan Keamanan. Resolusi tersebut dipandang sebagai resolusi landmark dimana pertama kali, Dewan Keamanan mengakui kontribusi wanita selama dan pasca konflik. Sejak ditetapkannya Resolusi 1325 tersebut, perhatian terhadap perspektif gender dalam agenda perdamaian internasional telah jelas ditempatkan dalam kerangka keamanan dan perdamaian yang lebih luas. Artikel ini menjelaskan peningkatan kontribusi jumlah personel female peacekeepers Indonesia pada periode 2009-2016 dan membahas mengapa Indonesia perlu mendukung dan mempertimbangkan mengirimkan lebih banyak female peacekeepers dalam operasi-operasi pemeliharaan perdamaian PBB.</p><p><br /><strong>Kata Kunci</strong> : Pemelihara perdamaian wanita, gender, Perserikatan Bangsa-Bangsa, pemeliharaan perdamaian, Indonesia</p><p><br /><em><strong>Abstract</strong> </em>– As peacekeeping has evolved to encompass a broader humanitarian approach, women personels have become increasingly part of the peacekeeping family.The UN has called for more deployment of female peacekeepers to enhance the overall “holistic” approach to current UN peacekeeping operations. There is clearly more work to be done to integrate more female peacekeepers into UN missions. More skilled and trained female peacekeepers can only be an asset to future peacekeeping operations.In October 2000, the UN Security Council adopted Resolution 1325 on Women, Peace and Security. The resolution was hailed as a landmark resolution in that for the fi¬rst time, the Security Council recognised the contribution women make during and post-conflict. Since the adoption of Resolution 1325, attention to gender perspectives within the international peace agenda has ¬firmly been placed within the broader peace and security framework. This article explains the development of Indonesian female peacekeepers contribution in the period of 2009-20016 and argues why Indonesia needs to support and to consider deploying more female peacekeepers in UN peacekeeping operations.</p><p><br /><strong><em>Keywords:</em> </strong>female peacekeepers, gender, United Nations, peacekeeping, Indonesia</p>


2019 ◽  
Vol 69 (274-1) ◽  
pp. 285
Author(s):  
Ida Caracciolo

<p>The objective of this essay is to explore the UN peacekeeping approach to human rights issues in light of the legal and political connection between promotion and protection of human rights and maintenance of international peace and security. To begin with, the evolution of peacekeeping vis-à-vis human rights will be examined from the first experiences of the UN missions in this field, mainly focused on the promotion of human rights, to the most recent ones where the protection of human rights is a fundamental component of their mandate. </p><div> </div>


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