Documents on the Law of UN Peace Operations

Overview


United Nations peacekeepers currently play a crucial role in international responses to threats to peace and security across the globe. Since 1948 the UN has been involved in over 60 peacekeeping operations. However in the current environment of complex and rapidly changing threats to peace, there has been a dramatic increase in the use of UN peacekeepers to deal with situations of instability. In 2009 alone over 100,000 individuals are deployed on such missions. This situation has resulted in a range of new and...
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Documents on the Law of UN Peace Operations

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Overview


United Nations peacekeepers currently play a crucial role in international responses to threats to peace and security across the globe. Since 1948 the UN has been involved in over 60 peacekeeping operations. However in the current environment of complex and rapidly changing threats to peace, there has been a dramatic increase in the use of UN peacekeepers to deal with situations of instability. In 2009 alone over 100,000 individuals are deployed on such missions. This situation has resulted in a range of new and pressing challenges to the legal framework applicable during such collective international action. This book provides, for the first time, a comprehensive account of the legal framework regulating this area of collective international action.

The book contains key documents in the areas of privileges and immunities, human rights law, international humanitarian law, and international criminal law. Types of documents featured include foundational treaties, international rules and regulations, memoranda, judgments of the International Court of Justice, and some mission specific documents. Before each document a prefatory note is included, outlining the historical development of the document as well as its relevance to UN peace operations. To further assist scholars and practitioners in their work, the work concludes with a guide on undertaking further legal research on the laws relevant to peace operations, a list of all UN peace operations and relevant enabling resolutions, and a suggested approach to interpreting Security Council mandates.

From scholars and students to policy makers, representatives in the military, police and humanitarian organizations - this book will be an invaluable resource in the development of a better understanding of the legal framework surrounding the establishment, management, and conduct of peace operations that are mandated and controlled by the UN.

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Editorial Reviews

From the Publisher

"This volume is an extremely useful collection of documents relating to the Law of UN Peace Operations. Indeed, there is no better collection available. It is far too easy to assume these days that because all such documents are available via the net that collections such as this are superfluous. Nothing could be further from the truth. A collection such as this represents value that is much greater than the mere sum of its parts. It is likely to become the natural point of reference, not least because of the most valuable commentaries included on all the documents included in the collection. That means that it is much more than just a collection - it is a valuable academic source in much the same way as Roberts and Guelff's Documents on the Laws of War. The editors are to be congratulated and thanked for their efforts."
--Steven Haines, Head of the Security and Law Programme, Geneva Centre for Security Police

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Product Details

  • ISBN-13: 9780199571277
  • Publisher: Oxford University Press, USA
  • Publication date: 11/10/2011
  • Pages: 624
  • Product dimensions: 6.70 (w) x 9.70 (h) x 1.40 (d)

Meet the Author

Bruce Oswald is a Senior Lecture at the Melbourne Law School. Mr Oswald has served in the Regular Australian Army as a legal officer and has seen operational service in countries including Rwanda, Timor Leste and Iraq.

Dr Helen Durham is a Senior Research Fellow at the Melbourne Law School and has worked for international humanitarian organizations in the area of legal adviser on international humanitarian law. Helen has been involved in international treaty negotiations and also been a part of operational missions in South East Asia.

Adrian Bates is a Research Fellow at the Melbourne Law School where he completed his law degree in 2007. Prior to this Mr Bates worked as a Senior Project Manager at the State Library of Victoria.

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Table of Contents

ntroduction
PART ONE - ESTABLISHMENT AND MANAGEMENT OF UNITED NATIONS PEACE OPERATIONS
A. Institutional Framework
1: Charter of the United Nations
2: Status-of-Forces Agreement between the United Nations and Host Countries
3: Agreements between the United Nations and contributing States
PART TWO - CONDUCT OF UNITED NATIONS PEACE OPERATIONS
A. General Human Rights Instruments
Introduction
4: Universal Declaration of Human Rights
5: Convention for the Prevention and Punishment of the Crime of Genocide
6: Convention Relating to the Status of Refugees
7: International Covenant on Economic, Social and Cultural Rights
8: International Covenant on Civil and Political Rights
9: Convention on the Elimination of All Forms of Discrimination against Women
10: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
11: Convention on the Rights of the Child
12: International Convention for the Protection of All Persons from Enforced Disappearances
13: Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Powers
14: The Protection of All Persons under Any Form of Detention or Imprisonment
15: Guiding Principles on Internal Displacement
16: Memorandum of Understanding between the Office of the High Commissioner for Human Rights and the Department of Peace-keeping Operations
B. Protection of United Nations & Associated Personnel
17: Convention on the Safety of United Nations and Associated Personnel
C. International Humanitarian Law
Introduction
18: Secretary General's Bulletin: Observance by UN Forces of International Humanitarian Law
19: Four Geneva Conventions of 1949
20: Protocols I and II Additional to the Geneva Conventions of 1949
21: Protocol III Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem
22: Protection of Cultural Property in the Event of Armed Conflict
D. Landmark Security Council Resolutions
23: HIV/AIDS, SC Res. 1308 (2000)
24: Women, Peace and Security, SC Res. 1325 (2000) and SC Res. 1820 (2008)
25: Children and Armed Conflict, SC Res. 1612 (2005)
26: Protection of Civilians in Armed Conflict, SC Res. 1674 (2006)
PART THREE - ACCOUNTABILITY OF UNITED NATIONS PEACEKEEPERS
A. Privileges and Immunities of the United Nations
27: Convention on the Privileges and Immunities of the United Nations
B. Third-Party Liability
28: Third-Party Liability: Temporal and Financial Limitations
C. International Criminal Law
29: Rome Statute of the International Criminal Court
D. Codes of Conduct, Directives and Guidelines
30: Status, Basic Rights and Duties of United Nations Staff Members
31: Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission
32: United Nations Standards of Conduct: We are United Nations Peacekeeping Personnel
33: Directives for Disciplinary Matters Involving Military Members of National Contingents
34: Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers
35: Directives on Sexual Harassment in United Nations Peacekeeping and Other Field Missions for Military Members of National Contingents, Military Observers and Civilian Police Officers
36: Secretary-General's Bulletin: Special Measures for Protection from Sexual Exploitation and Sexual Abuse
37: Code of Conduct for Law Enforcement Officials
38: Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
PART FOUR - KEY INTERNATIONAL COURT OF JUSTICE CASES
39: Reparation for Injuries Suffered in the Service of the United Nations
40: Certain Expenses of the United Nations
41: Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights
PART FIVE - MISSION SPECIFIC DOCUMENTS
Introduction
42: Secretary-General's Reports and Security Council Resolutions Personnel
43: Guidelines for Troop-contributing Countries
44: Rules of Engagement - Soldiers Pocket Card
45: Mission Components and Offices
PART SIX - RESEARCH
Researching United Nations Peace Operations
Introduction
PART ONE - ESTABLISHMENT AND MANAGEMENT OF UNITED NATIONS PEACE OPERATIONS
A. Institutional Framework
1. Charter of the United Nations
2. Status-of-Forces Agreement between the United Nations and Host Countries
3. Agreements between the United Nations and contributing States
PART TWO - CONDUCT OF UNITED NATIONS PEACE OPERATIONS
A. General Human Rights Instruments
Introduction
4. Universal Declaration of Human Rights
5. Convention for the Prevention and Punishment of the Crime of Genocide
6. Convention Relating to the Status of Refugees
7. International Covenant on Economic, Social and Cultural Rights
8. International Covenant on Civil and Political Rights
9. Convention on the Elimination of All Forms of Discrimination against Women
10. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
11. Convention on the Rights of the Child
12. International Convention for the Protection of All Persons from Enforced Disappearances
13. Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Powers
14. The Protection of All Persons under Any Form of Detention or Imprisonment
15. Guiding Principles on Internal Displacement
16. Memorandum of Understanding between the Office of the High Commissioner for Human Rights and the Department of Peace-keeping Operations
B. Protection of United Nations & Associated Personnel
17. Convention on the Safety of United Nations and Associated Personnel
C. International Humanitarian Law
Introduction
18. Secretary General's Bulletin: Observance by UN Forces of International Humanitarian Law
19. Four Geneva Conventions of 1949
20. Protocols I and II Additional to the Geneva Conventions of 1949
21. Protocol III Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem
22. Protection of Cultural Property in the Event of Armed Conflict
D. Landmark Security Council Resolutions
23. HIV/AIDS, SC Res. 1308 (2000)
24. Women, Peace and Security, SC Res. 1325 (2000) and SC Res. 1820 (2008)
25. Children and Armed Conflict, SC Res. 1612 (2005)
26. Protection of Civilians in Armed Conflict, SC Res. 1674 (2006)
PART THREE - ACCOUNTABILITY OF UNITED NATIONS PEACEKEEPERS
A. Privileges and Immunities of the United Nations
27. Convention on the Privileges and Immunities of the United Nations
B. Third-Party Liability
28. Third-Party Liability: Temporal and Financial Limitations
C. International Criminal Law
29. Rome Statute of the International Criminal Court
D. Codes of Conduct, Directives and Guidelines
30. Status, Basic Rights and Duties of United Nations Staff Members
31. Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission
32. United Nations Standards of Conduct: We are United Nations Peacekeeping Personnel
33. Directives for Disciplinary Matters Involving Military Members of National Contingents
34. Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers
35. Directives on Sexual Harassment in United Nations Peacekeeping and Other Field Missions for Military Members of National Contingents, Military Observers and Civilian Police Officers
36. Secretary-General's Bulletin: Special Measures for Protection from Sexual Exploitation and Sexual Abuse
37. Code of Conduct for Law Enforcement Officials
38. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
PART FOUR - KEY INTERNATIONAL COURT OF JUSTICE CASES
39. Reparation for Injuries Suffered in the Service of the United Nations
40. Certain Expenses of the United Nations
41. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights
PART FIVE - MISSION SPECIFIC DOCUMENTS
Introduction
42. Secretary-General's Reports and Security Council Resolutions Personnel
43. Guidelines for Troop-contributing Countries
44. Rules of Engagement - Soldiers Pocket Card
45. Mission Components and Offices
PART SIX - RESEARCH
Researching United Nations Peace Operations

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