Protection of Civilians under International Human Rights Law

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the center of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavor, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studying or working towards a better protection of civilians in conflict. Civilians, Distinctions, And The Compassionate View Of War / Hugo Slim -- Protection Of Civilians, Responsibility To Protect, And Humanitarian Intervention : Conceptual And Normative Interactions / Scott Sheeran And Catherine Kent -- A History And Conceptual Development Of The Protection Of Civilians / Ralph Mamiya -- Protecting Civilians : Comparing Organizational Approaches / Stian Kjeksrud [and 4 Others] -- The Evolution Of The Un Collective Security System / Haidi Willmot -- Protection Of Civilians Under International Human Rights Law / Andrew Clapham -- Protection Of Civilians Under International Humanitarian Law / Jamie A. Williamson -- Displacement And The Protection Of Civilians Under International Refugee Law / Erin Mooney -- Legal Aspects Of The Use Of Force By United Nations Peacekeepers For The Protection Of Civilians / Mona Ali Khalil-- International Responsibility For Ensuring The Protection Of Civilians / Siobhán Wills -- The United Nations And The Protection Of Civilians / Jean-marieguéhenno -- The African Union And The Protection Of Civilians / Ben Kioko And Lydia Wambugu -- Security Council Diplomacy On The Protection Of Civilians : A Convoluted History / Bruno Stagno Ugarte -- Using Force To Protect Civilians In United Nations Peacekeeping Operations / Fiona Blyth And Patrick Cammaert -- The Utility Of Force For Protecting Civilians / Stian Kjeksrud -- The Contribution Of Human Rights To Protecting People In Conflict / Michael Keating And Richard Bennett -- Humanitarian Protection : Moving Beyond The Tried And Tested / Sara Pantuliano And Eva Svoboda -- The Problems And Dilemmas Of Helping To Build Protection Capacities / Lise Grande -- Community Sef-protection / Aditi Gorur And Nils Carstensen. Edited By Haidi Willmot, Ralph Mamiya, Scott Sheeran, And Marc Weller. Includes Bibliographical References And Index. The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the centre of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organisations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studing or working towards a better protection of civilians in conflict. Cover PROTECTION OF CIVILIANS Copyright Dedication Foreword Acknowledgements Table of Contents Table of Cases Table of Legislation List of Abbreviations List of Contributors Introduction PART I CONCEPTUAL AND HISTORICAL FOUNDATIONS 1. Civilians, Distinction, and the Compassionate View ofWar 2. Protection of Civilians, Responsibility to Protect, and Humanitarian Intervention: Conceptual and Normative Interactions 3. A History and Conceptual Development of the Protection of Civilians 4. Protecting Civilians: Comparing Organizational Approaches 5. The Evolution of the UN Collective Security System PART II LEGAL FRAMEWORK 6. Protection of Civilians under International Human Rights Law 7. Protection of Civilians under International Humanitarian Law 8. Displacement and the Protection of Civilians under International Refugee Law 9. Legal Aspects of the Use of Force by United Nations Peacekeepers for the Protection of Civilians 10. International Responsibility for Ensuring the Protection of Civilians PART III POLITICS AND PRACTICE 11. The United Nations and the Protection of Civilians 12. The African Union and the Protection of Civilians 13. Security Council Diplomacy on the Protection of Civilians: A Convoluted History 14. Using Force to Protect Civilians in United Nations Peacekeeping Operations 15. The Utility of Force for Protecting Civilians 16. The Contribution of Human Rights to Protecting People in Conflict 17. Humanitarian Protection—Moving beyond the Tried and Tested 18. The Problems and Dilemmas of Helping to Build Protection Capacities 19. Community Self-protection Conclusion Index "The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the centre of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organisations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force." -- Publisher's web site