Law Enforcement within the Framework of Peace Support Operations

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Overview

Since the end of the Cold War and the emergence of “asymmetric” threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In order to achieve this goal, the handbook is structured as follows: after this introduction, Part II addresses the general question whether law enforcement shall be a PSO task. Law enforcement is perceived by some states as a matter of self-defense.Part III then addresses the limits and possibilities of law enforcement by PSO.The discussion continues with Part IV, which provides some practical tools for those deployed to the field. Part V focuses instead on law enforcement within PSO, illustrating problems related to the prosecution of members of PSO forces suspected of illegal activities, and Part VI then draws the conclusions.

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Product Details

Meet the Author

Roberta Arnold is Dr.iur, LLM at Riva & Felder Solicitors and an independent legal adviser specializing in international humanitarian law, international criminal law, military law, law of operations, and law on peacekeeping. She has served as legal advisor within the Swiss Department of Defense, Staff to the Chief of the Armed Forces, Section Laws of Armed Conflict.

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Table of Contents

List of Acronyms and Abbreviations

Pt. I Law Enforcement - A PSO Task?

Ch. 1 The Transposition of Inter-State Self-Defense and Use of Force onto Operational Mandates for Peace Support Operations Geert-Jan Alexander Knoops Knoops, Geert-Jan Alexander 3

Ch. 2 The Law of Occupation and Peace Support Operations - At Odds? Sigmar Stadlmeier Stadlmeier, Sigmar Franz Leidenmuehler Leidenmuehler, Franz 23

Ch. 3 The Prosecution of Criminals as a Peace-Building Tool: Cooperation with the ICC and the Case of the LRA in Northern Uganda Emmanuel Kasimbazi Kasimbazi, Emmanuel 33

Pt. II Law Enforcement Within the Framework of PSOs - Limits and Possibilities

Ch. 4 The Limits on Law Enforcement by Peacekeeping Operations in Accordance with SOFAs, ROEs and SOPs Ulf Haussler Haussler, Ulf 53

Ch. 5 The Impact of Organized Crime on Peace Support Operations Fabian Kuehner Kuehner, Fabian 75

Ch. 6 Peace Support Forces-Assisting the Civilian Authorities in Criminal Prosecutions Kwai Hong Ip Ip, Kwai Hong 105

Pt. III Law Enforcement and Force Protection by PSO Forces: Practical Tools

Ch. 7 The Maintenance of Law and Order in the Aftermath of International Armed Conflict - Lessons Learned from Iraq Nicholas J. Mercer Mercer, Nicholas J. 123

Ch. 8 The Apprehension of Indicted War Criminals: Lessons from the Former Yugoslavia Benjamin Perrin Perrin, Benjamin 139

Ch. 9 Law Enforcement in Post-Conflict Bosnia and Herzegovina: War Crimes Prosecutions and Judicial Restructuring Christopher Harland Harland, Christopher 157

Ch. 10 Forensic Anthropology in Peace Support Operations Mercedes Doretti Doretti, Mercedes Jennifer Burrell Burrell, Jennifer 179

Ch. 11 The Treatment ofDetainees by Peacekeepers: Applying Principles and Standards at the Point of Detention Bruce "Ossie" Oswald Oswald, Bruce "Ossie" 197

Ch. 12 IHL v. Human Rights: The Al Jedda Case and Issues Arriving from an Operational Perspective James A. E. Johnston Johnston, James A. E. 229

Ch. 13 Witness Protection by Peace Missions Ulf Haussler Haussler, Ulf 257

Pt. IV Law Enforcement Within PSOs - The Prosecution of Peacekeepers and the Special Case of Human Trafficking and Sexual Offenses

Ch. 14 Human Rights Training to Law Enforcement Agents: A Key to PSO Success David B. Hodgkinson Hodgkinson, David B. Sandra L. Hodgkinson Hodgkinson, Sandra L. Diana C. Noone Noone, Diana C. Gregory P. Noone Noone, Gregory P. 311

Ch. 15 The NATO Policy on Human Trafficking: Obligation to Prevent, Obligation to Repress Roberta Arnold Arnold, Roberta 351

Ch. 16 Trafficking in Human Beings-Reduction Strategies for Law Enforcement in Peace Support Operations Elizabeth Rennie Rennie, Elizabeth 381

Ch. 17 The Role of the International Criminal Court in the Prosecution of Peacekeepers for Sexual Offenses Noelle Quenivet Quenivet, Noelle 399

Final Conclusions and Remarks by the Editor 433

Index 435

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