International Peacekeeping (The Library of Essays in International Law)

Cover Half Title Title Page Copyright Page Table of Contents Acknowledgements Series Preface Introduction PART I THE ROLE AND THE RULE OF LAW IN INTERNATIONAL PEACEKEEPING 1 ‘The Uses of Law in International Peace-Keeping’, Virginia Law Review, 50, pp. 1096–1114 2 ‘Rule of Law Strategies for Peace Operations’, in Jessica Howard and Bruce Oswald (eds), The Rule of Law on Peace Operations, The Hague: Kluwer Law International, pp. 127–45 PART II THE CONSTITUTIONAL BASIS OF PEACEKEEPING 3 ‘The Legal Basis of the United Nations Peace-Keeping Operations’, Virginia Journal of International Law, 43, pp. 485–524 4 ‘The UN Charter and Peacekeeping Forces: Constitutional Issues’, International Peacekeeping, 3, pp. 43–63 PART III PRINCIPLES OF INTERNATIONAL PEACEKEEPING The Consent of the Parties 5 ‘Military Intervention, Regional Organizations, and Host-State Consent’, Duke Journal of Comparative and International Law, 7, pp. 209–39 6 ‘Host-State Consent and United Nations Peacekeeping in Yugoslavia’, Duke Journal of Comparative and International Law, 7, pp. 241–70 Peacekeeping and the Use of Force 7 ‘Beyond Self-Defense: United Nations Peacekeeping Operations and the Use of Force’, Denver Journal of International Law and Policy, 27, pp. 239–73 The Legal Principles of Peacekeeping and the Brahimi Report 8 ‘Changing “Peacekeeping” in the New Millennium? – The Recommendations of the Panel on United Nations Peace Operations of August 2000’, International Peacekeeping, 6, pp. 144–52 PART IV LAW APPLICABLE TO PEACEKEEPING OPERATIONS International Humanitarian Law 9 ‘United Nations Military Operations and International Humanitarian Law: What Rules Apply to Peacekeepers?’, Criminal Law Forum, 14, pp. 153–94 10 ‘The Secretary-General’s Bulletin on Observance by United Nations Forces of International Humanitarian Law: Some Preliminary Observations’, International Peacekeeping, 5, pp. 133–39 11 ‘Maintaining Discipline in United Nations Peace Support Operations: The Legal Quagmire for Military Contingents’, Journal of Conflict and Security Law, 5, pp. 45–62 12 ‘The Fall of Srebrenica and the Attitude of Dutchbat from an International Legal Perspective’, Yearbook of International Humanitarian Law, 1, pp. 301–12 Human Rights 13 ‘The Creation and Control of Places of Protection during United Nations Peace Operations’, International Review of the Red Cross, 84, pp. 1013–35 International Criminal Law 14 ‘Responsibilities of States Participating in Multilateral Operations with Respect to Persons Indicted for War Crimes’, in C. Joyner and C.M. Bassiouni (eds), Reining in Impunity for International Crimes and Serious Violations of Fundamental Human Rights, Nouvelles Etudes Penales: Toulouse: Érés, 14, pp. 193–206 15 ‘The Ambiguities of Security Council Resolution 1422 (2002)’, European Journal of International Law, 14, pp. 85–104 Responsibilities and Liabilities of Peacekeeper 16 ‘The International Responsibility of the United Nations for Activities Carried out by U.N. Peace-Keeping Forces’, Revue Egyptienne de Droit International, 32, pp. 57–82 17 ‘UN Peacekeeping Operations: Applicability of International Humanitarian Law and Responsibility for Operations-Related Damage’, American Journal of International Law, 94, pp. 406–12 Protection of Peacekeeping Forces 18 ‘Protection of Personnel in Peace Operations’, International Peacekeeping: The Yearbook of International Peace Operations, 10, pp. 53–69 PART V INTERNATIONAL ADMINISTRATIONS 19 ‘From Danzig to East Timor and Beyond: The Role of International Territorial Administration’, American Journal of International Law, 95, pp. 583–606 20 ‘The United Nations Administration of East Timor’, Journal of Conflict and Security Law, 6, pp. 245–65 21 ‘Institution-Building and Human Rights Protection in Kosovo in the Light of UNMIK Legislation’, Nordic Journal of International Law, 70, pp. 461–88 22 ‘Minding the Gap: Outlining KFOR Accountability in Post-Conflict Kosovo’, European Journal of International Law, 12, pp. 469–88 23 ‘Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo’, Global Governance, 10, pp. 307–31 24 ‘To Waive or Not to Waive: Immunity and Accountability in U.N. Peacekeeping Operations’, Connecticut Journal of International Law, 18, pp. 103–32 Name Index Peacekeeping has been the technique most frequently used by, and associated with, the United Nations to end conflicts and to preserve peace. In addition, international and regional organizations have also performed peacekeeping functions. Since the establishment of the first UN peacekeeping mission, UNEF I, in 1956, international lawyers have raised questions about the legal aspects of these operations. Traditionally, they analyzed the constitutional basis for peacekeeping and tried to allocate the authority under the UN Charter for peacekeeping among the Security Council, the General Assembly and the Secretary General. They discussed the use of force by peacekeepers, the applicability of international humanitarian law, as well as the responsibilities and liabilities of peacekeepers. Since the end of the cold war, peacekeeping operations have become more complex. In the first forty years, peacekeepers functioned mainly as buffer zones between warring parties and monitored cease-fires. Nowadays, they are increasingly engaged in internal rather than international conflicts and perform a multitude of tasks. Among others, they act as civilian administrators, oversee elections and monitor human rights. These changes have raised new legal problems. Which human rights obligations exist for peacekeepers? Do peacekeepers have to intervene if they witness war crimes and acts of genocide? How are they protected under international law? What is the legal framework of UN administrations like in Kosovo and East Timor? In order to enhance a better understanding of these legal issues arising from peacekeeping operations, a collection of articles written by the leading experts in the field have been compiled in the volume, International Peacekeeping. Nowadays, peacekeepers are increasingly engaged in internal rather than international conflicts and perform a multitude of tasks. Among others, they act as civilian administrators, oversee elections and monitor human rights. These changes have raised new legal problems. Which human rights obligations exist for peacekeepers? Do peacekeepers have to intervene if they witness war crimes and acts of genocide? How are they protected under international law? What is the legal framework of UN administrations like in Kosovo and East Timor? In order to enhance a better understanding of these legal issues arising from peacekeeping operations, a collection of articles written by the leading experts in the field have been compiled in this book