The Privatisation of ‘the Core Business of un Peacekeeping Operations’: Any Legal Limit?

2014 ◽  
Vol 16 (4) ◽  
pp. 405-422 ◽  
Author(s):  
Mirko Sossai
Keyword(s):  
Human Rights ◽  
Collective Security ◽  
International Peace ◽  
Peacekeeping Operations ◽  
Normative Function ◽  
The Core ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Fundamental Values

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.

The Involvement of UN in Palestine and the Possibility of a Global Protection Force

2021 ◽  
pp. 105-112
Author(s):  
Kainat Kamal
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Security Environment ◽  
Sustainable Peace ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Peacekeeping Missions

The United Nations (UN) peacekeeping missions are mandated to help nations torn by conflict and create conditions for sustainable peace. These peacekeeping operations hold legitimacy under international law and the ability to deploy troops to advance multidimensional domains. Peacekeeping operations are called upon to maintain peace and security, promote human rights, assist in restoring the rule of law, and help conflict-prone areas create conditions for sustainable peace ("What is Peacekeeping", n.d.). These missions are formed and mandated according to individual cases. The evolution of the global security environment and developing situations in conflictridden areas requires these missions to transform from 'traditional' to 'robust' to 'hybrid', accordingly (e.g., Ishaque, 2021). So why is it that no such model can be seen in restoring peace and protection of Palestinian civilians in one of the most protracted and deadly conflicts in history?

14. The use of force and collective security

2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Collective Security ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
United Nations Charter ◽  
Self Defence

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

Immunities of International Organizations

2014 ◽  
Vol 10 (2) ◽  
pp. 419-433
Author(s):  
Peter Olson
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
European Convention ◽  
International Peace ◽  
The Core ◽  
National Courts ◽  
European Court ◽  
Peace And Security ◽  
Recent Developments

This article argues that recent developments in Europe have eroded the privileges and immunities nato has historically enjoyed. The European Court of Human Rights and national courts interpreting its jurisprudence have increasingly held States accountable for the actions of the international organizations to which they play host and to which they have granted absolute judicial immunities. This trend involves serious overreach by the courts and, at least in the case of NATO, fails to respect the intentions of the states that simultaneously prepared and adopted the core NATO treaties and the European Convention on Human Rights. This approach presents significant and unnecessary risks to the functioning of an Organization whose effectiveness is essential to maintaining international peace and security.

Friedensethik nach dem Ende des Ost-West-Konflikts

1994 ◽  
Vol 38 (1) ◽  
pp. 81-99
Author(s):  
Hans-Richard Reuter
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Just War ◽  
Use Of Force ◽  
Collective Security ◽  
Military Alliances ◽  
Moral Criticism ◽  
Special Obligation ◽  
Peacekeeping Operations ◽  
Peace And Security

Abstract Today the radical as well as the organizing pacifism have become compatible in the engagement for an universal legal system, which is based on the acknowledgement of human rights and a general prohibition of the use of force. The classical doctrines of just war have become obsolete, but their implicit elements concerning moral criticism of violence are indispensable. The author critisizes the misuse of the human rights argument for the justification of military interventionism. A legitimate policy of peace and security has to depend on the development of a collective security system as proposed by the UN-Charter. It cannot be based on traditional military alliances of defence. To intervene in domestic conflicts, if any, peacekeeping operations are qualified, when and as far as they bind themselves to the principles of consensus of all parties concerned, of strict neutrality and of deescalation. There is a special obligation for Germany to restrain herself in military actions and toset an example in developing an international culture of nonviolence.

scholarly journals PENINGKATAN FEMALE PEACEKEEPERS INDONESIA DALAM MISI PEMELIHARAAN PERDAMAIAN PBB

2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Leonard F. Hutabarat
Keyword(s):  
Security Council ◽  
Holistic Approach ◽  
International Peace ◽  
Security Framework ◽  
Peacekeeping Operations ◽  
Post Conflict ◽  
Un Peacekeeping ◽  
Un Security Council ◽  
Peace And Security ◽  
Gender Perspectives

<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>

scholarly journals The Role of the UN Peacekeeping in the Promotion and Protection of Human Rights

2019 ◽  
Vol 69 (274-1) ◽  
pp. 285
Author(s):  
Ida Caracciolo
Keyword(s):  
Human Rights ◽  
Political Connection ◽  
International Peace ◽  
Fundamental Component ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Protection Of Human Rights ◽  
Rights Issues

<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>

scholarly journals Can UN Peacekeeping Promote Environmental Quality?

2021 ◽  
Author(s):  
Zorzeta Bakaki ◽  
Tobias Böhmelt
Keyword(s):  
Environmental Quality ◽  
Unintended Consequences ◽  
Random Assignment ◽  
International Peace ◽  
Peacekeeping Operations ◽  
Positive Side ◽  
Un Peacekeeping ◽  
Alternative Outcome ◽  
Peace And Security ◽  
Positive Side Effects

Abstract This research focuses on a positive, and previously largely unknown, implication of United Nations (UN) peacekeeping: better environmental quality. While maintaining international peace and security remains the main goal of peacekeeping operations, we contend that they can also be linked to environmentally friendly outcomes. Mission mandates and UN policies increasingly comprise actions that potentially promote environmental quality. At the same time, positive side effects on the environment materialize due to the cooperation with and activities of other UN bodies. The empirical analyses, also correcting for the likely non-random assignment of peace missions and employing several alternative outcome measures, suggest that UN peace missions are indeed substantively associated with better environmental quality. This research has important implications for our understanding of peacekeeping operations, and it contributes to the literatures on the (unintended) consequences of peacekeeping as well as environmental politics.

Book Review: UN Peacekeeping Operations in Somalia, 1992-1995: The Pakistani Perspective by Tughral Yamin

2019 ◽  
Author(s):  
Farhan Hanif Siddiqui
Keyword(s):  
International Peace ◽  
Peacekeeping Operations ◽  
Un Peacekeeping

Book Review: UN Peacekeeping Operations in Somalia, 1992-1995: The Pakistani Perspective by Tughral Yamin NUST Journal of International Peace & Stability 2019, Vol. II (2) Author : Farhan Hanif Siddiqui

ON THE ROLE AND RELEVANCE OF THE UNITED NATIONS AND ITS FUTURE PROSPECTS

2019 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Михаил Елизаров
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Second World War ◽  
Future Prospects ◽  
International Peace ◽  
World War ◽  
Peace And Security ◽  
Common Goals ◽  
The United Nations ◽  
Second World

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

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