scholarly journals Delivering Justice for Women Victims of Conflicts: How Judicial Mechanisms Perpetuated Gender Inequality in Timor-Leste

2019 ◽  
Vol 1 (2) ◽  
pp. 105-123
Author(s):  
Sorang Saragih ◽  
Mita Yesyca
Keyword(s):  
Human Rights ◽  
Women Victims ◽  
Gender Inequality ◽  
Human Rights Violations ◽  
Peacekeeping Operations ◽  
Long Period ◽  
Success Stories ◽  
Serious Crime ◽  
Un Peacekeeping ◽  
Timor Leste

Abstrak: Timor-Leste adalah salah satu kisah sukses operasi perdamaian Perserikatan Bangsa-Bangsa (PBB) terlepas dari lamanya operasi tersebut dilakukan. Intervensi PBB di Timor-Leste bersifat khusus karena PBB menetapkan dua mekanisme peradilan selama operasi perdamaian berjalan, yaitu Serious Crime Unit (SCU) atau Unit Kejahatan Serius dan Komisi Kebenaran (CAVR). Baik SCU maupun CAVR memiliki mandat yang berbeda dengan tujuan bersama untuk mengatasi pelanggaran HAM yang terjadi di Timor-Leste. Tulisan ini bertujuan untuk mengkritik kedua mekanisme tersebut, khususnya mengenai bagaimana inisiatif ini mengusahakan keadilan bagi perempuan korban konflik di Timor-Leste. Kritik berfokus pada mandat, tindakan dan otoritas mereka. Berdasarkan ketiga aspek ini, kesimpulan yang dihasilkan adalah mekanisme –mekanisme ini gagal memberikan keadilan bagi para perempuan korban di Timor-Leste. Kata Kunci: Timor-Leste, operasi perdamaian PBB, pelanggaran HAM, mekanisme peradilan, SCU, CAVR, perempuan korban Abstract: Timor-Leste is one of few success stories of the United Nations (UN) peacekeeping operations despite its long period. The UN intervention in Timor-Leste is unique because it established two justice mechanisms during the peacekeeping operations, namely the Serious Crime Unit (SCU) and the Truth Commission (CAVR). Both SCU and CAVR have different mandates with a common objective to address human rights violations committed in Timor-Leste. This paper tries to criticize these two mechanisms, particularly on how these initiatives delivered justice for women victims of conflict in Timor-Leste. The critique focuses on their mandate, performance, and authority. Based on these three aspects, it is concluded that these mechanisms failed to deliver justice to women victims in Timor-Leste. Key Words: Timor-Leste, UN peacekeeping operation, human rights violations, justice mechanism, SCU, CAVR, women victims

scholarly journals In Search of Due Diligence Obligations in UN Peacekeeping Operations

2020 ◽  
Vol 23 (3-4) ◽  
pp. 203-225
Author(s):  
Nigel D. White
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
International Human ◽  
Failure To Protect

Abstract It is argued in this article that due diligence, grounded on positive duties under international human rights law, is a standard against which to measure the performance of UN peacekeeping forces. Its adoption by the UN will improve accountability, but in a controlled and principled way. A requirement that the UN act diligently to prevent human rights violations would not impose over-onerous obligations. For responsibility to be incurred an organisation must have clearly failed to take measures that were within its power to take. It is argued that the UN not only should be bound by norms of due diligence but is in fact bound by positive obligations derived from customary international human rights law. The development of some due diligence-type measures by the UN to prevent sexual abuse by peacekeepers and to protect civilians within areas of peacekeeper deployment, and the adoption of an explicit due diligence policy to delineate its relationship with non-UN security actors, are positive signs. However, the article demonstrates that the UN needs to further internalise and develop its due diligence obligations if it is to limit human rights violations committed under its watch. Furthermore, it needs to create accountability mechanisms to ensure that it develops the rather limited measures taken thus far, including provision for victims to be able to hold the organisation to account for failure to protect them from human rights violations. Only by accepting its responsibility and liability to such victims will be the UN be driven to improve its due diligence when mandating, preparing, training, deploying and directing peacekeeping operations.

scholarly journals Robust Peacekeeping? Panacea for Human Rights Violations

2011 ◽  
Author(s):  
Kofi Nsia-Pepra
Keyword(s):  
Human Rights ◽  
Negative Binomial ◽  
Policy Implications ◽  
Human Rights Violations ◽  
Major Power ◽  
Host State ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Structural Variables ◽  
Key Factor

This paper examines the conviction that robust peacekeeping—a strong and forceful peacekeeping force—works better than traditional UN peacekeeping mechanisms in reducing human rights violations, specifically, civilian killing, in areas of deployment. I seek to analyze both the operational and internal characteristics of UN peacekeeping operations in an effort to understand the hindrances to achieving the objective of protecting human rights. Specifically, the study examines the contributions of key structural variables, including the mission type, weapon type, rules of engagement, mission strength, and major power participation controlling for other intervening variables using negative binomial and logit regression models. The empirical results indicated that the core variable ―robust peacekeeping‖ has impact on civilian killings, namely that it lowers civilian killings. The key factor seems to be strength of mission size associated with lower numbers of civilian killings. Great power participation, peacekeeper diversity and affinity with the host state, along with identity conflicts and at least proto-democratic status of the host state appear to be harbingers of potentially higher deliberate civilian killing totals. The findings thus have both theoretical and policy implications in the field of peacekeeping.

scholarly journals United Nations Peacekeeping, Human Rights, and the Protection of Civilians

2020 ◽  
pp. 81-99
Author(s):  
Ibrahim J. Wani
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Internal Displacement ◽  
Human Rights Violations ◽  
Peace Operations ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Independent Panel ◽  
Regional Engagement ◽  
High Level

Abstract Drawing on lessons from United Nations (UN) led peacekeeping operations in Africa, this chapter discusses the background and evolution of peacekeeping engagement on issues related to human rights, refugees, and internal displacement; the array of norms and institutions that have developed to formalize the mandate in the UN peacekeeping framework; and the experiences, lessons, and challenges in its implementation. Due to escalating challenges around protecting civilians and human rights violations, the chapter argues that UN peacekeeping must move beyond rhetoric. A genuine commitment to implement the recommendations of the United Nations High-Level Independent Panel on Peace Operations (HIPPO) is a necessary first step. Enhanced mechanisms to compel host states to protect human rights within their borders and more regional engagement on thwarting “spoilers” are among several key follow-on measures.

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?

The protection of civilians mandate in UN peacekeeping operations: reconciling protection concepts and practices

2013 ◽  
Vol 95 (891-892) ◽  
pp. 517-538 ◽  
Author(s):  
Haidi Willmot ◽  
Scott Sheeran
Keyword(s):  
Human Rights ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Critical Role ◽  
Use Of Force ◽  
Physical Protection ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
The Common

AbstractThe ‘protection of civilians’ mandate in United Nations (UN) peacekeeping operations fulfils a critical role in realising broader protection objectives, which have in recent years become an important focus of international relations and international law. The concepts of the ‘protection of civilians’ constructed by the humanitarian, human rights and peacekeeping communities have evolved somewhat separately, resulting in disparate understandings of the associated normative bases, substance and responsibilities. If UN peacekeepers are to effectively provide physical protection to civilians under threat of violence, it is necessary to untangle this conceptual and normative confusion. The practical expectations of the use of force to protect civilians must be clear, and an overarching framework is needed to facilitate the spectrum of actors working in a complementary way towards the common objectives of the broader protection agenda.

The Slippery Slope of UN Peacekeeping: Offensive Peacekeeping in Congo and Beyond

2016 ◽  
Vol 19 (1) ◽  
pp. 100-141 ◽  
Author(s):  
Diana Kearney
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Slippery Slope ◽  
Human Rights Violations ◽  
Military Operations ◽  
Member States ◽  
Un Peacekeeping ◽  
Un Security Council ◽  
Self Defence ◽  
The Way

Fed up with the decades-old violence plaguing the DRC, the UN Security Council broke new ground by granting peacekeepers an offensive mandate to pursue rebels rather than waiting to react in self-defence. This transformation in UN military operations alarmed several States, concerned over a perceived loss of sovereignty and a weakening of the principle of non-intervention. To allay these fears, Resolution 2098’s drafters incorporated a provision expressly assuring Member States that offensive peacekeeping tactics in the DRC would not generate precedent for future UN action. However, examining past UN practice and ‘slippery slope’ theory alike reveals that explicit disavowal of precedent cannot guarantee that offensive peacekeeping will not be used as a template for future UN action. In fact, the incorporation of such language may foster the generation of a slippery slope in UN peacekeeping, ultimately paving the way for increased scope of UN intervention in situations of gross human rights violations. The article concludes by proposing a framework for how actors can manipulate slopes to generate or slow precedent for future UN action.

Informal Justice and United Nations Peace Operations

2013 ◽  
Vol 10 (1) ◽  
pp. 166-192
Author(s):  
Bruce Oswald
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Peace Operations ◽  
The Rule Of Law ◽  
Informal Justice ◽  
Peacekeeping Operations ◽  
Serious Crime ◽  
Un Peacekeeping ◽  
Military Members ◽  
Justice Systems

This paper seeks to address how UN military members undertaking UN peacekeeping operations should engage with customary or informal justice systems that they encounter. The relevant guidance that exists suggests that, as a policy matter, informal justice systems should not be allowed to deal with matters of serious crime because of the danger they may violate basic rights, and because dealing with serious crime is a key prerogative of the state. However, there is a growing movement away from adopting a unitary, state-centric rule of law orthodoxy approach, towards viewing the rule of law from the perspective of legal pluralism. Using that perspective, and in acknowledging that military members of UN peace operations are highly likely to be confronted by informal justice systems during peace operations, this paper maps three principles that UN military members should apply when dealing with informal justice systems in the context of UN peace operations: giving due regard to applicable informal justice systems, maintaining oversight of the application of informal justice norms and practices, and avoiding corrupting informal justice systems.

Due Diligence, the UN, and Peacekeeping

2020 ◽  
pp. 217-233
Author(s):  
Nigel D. White
Keyword(s):  
Human Rights ◽  
International Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Meaning And Purpose ◽  
Human Rights Due Diligence

This chapter focuses on the application, acceptance, and implementation of human rights due diligence obligations in UN peacekeeping operations. It points to growing, but uneven, evidence of the development of standards and measures by the UN that would fit the meaning and purpose of due diligence, although there are very few instances of due diligence being used as a term within the UN. The chapter argues that due diligence obligations are applicable either through customary human rights law, or the internal law of the UN, or both due to the fact that the UN’s principles of peacekeeping are themselves based on general principles of international law. The chapter stresses that the UN should have due diligence obligations especially as there is a gap between the commissioning of peacekeeping operations by the UN and the day-to-day control of peacekeepers by the UN.

Human Rights Violations by un Peacekeepers

2014 ◽  
Vol 25 (1) ◽  
pp. 130-144 ◽  
Author(s):  
Md. Kamal Uddin
Keyword(s):  
Human Rights ◽  
International System ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Peacekeeping Operations ◽  
Primary Responsibility ◽  
Protection Of Human Rights ◽  
Rights Issue ◽  
Human Rights Violation

Peacekeeping Operation (pko) is significantly a worthwhile strategy for preservation and restoration of international peace and security. Promotion and protection of human rights in peacekeeping operations is a phenomenon and cannot be the only responsibility of the United Nations. However, as the most important actor of the international system, it has the primary responsibility to promote and protect human rights in peacekeeping operations because human rights issue has become very significant in the sense that unfortunately, in most cases, peacekeepers are involved in gross human rights violation in the course of operation that damage overall reputation of un. Hence, application and enforcement of international human rights law in peacekeeping operations are essential in order to shelter the civilian form attacks, torture, and other forms of human rights violations. This paper examines the un’s efforts to address human rights in pkos, and also targets to find out the actual scenario of human rights in pkos and proposes some policies.

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