Protection of Civilians

by Haidi Willmot (Editor), Ralph Mamiya (Editor), Scott Sheeran (Editor), Marc Weller (Editor)

Overview

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.

Product Details

ISBN-13:	9780191045493
Publisher:	OUP Oxford
Publication date:	04/14/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	330
File size:	2 MB

About the Author

Haidi Willmot has held a number of positions in the United Nations Secretariat, including in the United Nations Operations and Crisis Centre and the Office of the Chief of Staff and Office of Military Affairs in the Department of Peacekeeping Operations. Prior to joining the Secretariat, Ms Willmot was the Peacekeeping Policy Officer at the Australian Mission to the United Nations, and worked as an analyst with the New Zealand government. She previously worked in Vanuatu with the Australian Agency for International Development (AusAid) and in legal practice in Australia and throughout the island nations of the Paci?c. Ms Willmot holds an BA/LLB (hons) from the Australian National University and a MPhil in International Relations from the University of Cambridge. She has published academic work in peer-reviewed journals, in edited volumes and with the International Peace Institute. Ralph Mamiya leads the Protection of Civilians Team in the United Nations Department Peacekeeping Operations/Department of Field Support. He has spent more than seven years working on peacekeeping and protection issues, including tours with United Nations missions in Sudan and South Sudan. He has published articles on international law and international relations in journals and in edited volumes, including the Oxford Handbook on the Use of Force in International Law (2015). Mr Mamiya holds a Juris Doctor from Cornell Law School. Scott Sheeran is Senior Legal Counsel and Leader of the Peace Operations and Sanctions Teams for the New Zealand Permanent Mission to the United Nations, in its delegation on the Security Council. He is also a Senior Lecturer (on leave) at the School of Law and Human Rights Centre at the University of Essex. He is a graduate of Cambridge University and was a United Nations Institute for Training and Research (UNITAR) Fellow at Columbia Law School. Mr Sheeran has previously worked as a diplomat, legal adviser, and United Nations and human rights adviser, including in New York and Geneva, and has served on the advisory council of human rights NGOs including Universal Rights Group. While posted in New York, he was Vice Chair of the United Nations Legal (Sixth) Committee. Mr Sheeran has published widely on the law of the United Nations, peacekeeping, international human rights law, and public international law. Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge and the Director of the Lauterpacht Centre for International Law. From 1997 to 2000 he was Deputy Director of the Centre of International Studies. During 2011/12 he served as Senior Mediation Expert in the Department of Political Affairs of the United Nations Secretariat in New York. He advised on the transitions in Cote dIvoire and Egypt, and supported mediation efforts during the armed con?ict in Libya and the transition in Yemen. He served as an adviser in the Doha negotiations on a peaceful settlement of the Darfur crisis, and advised on constitutional reform in Bosnia and Herzegovina. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg, and Cambridge respectively.

Table of Contents

FOREWORD
Jan Eliasson

PART I - CONCEPTUAL AND HISTORICAL FOUNDATIONS
1. Civilians, Distinction, and the Compassionate View of War
Hugo Slim
2. Protection of Civilians, Responsibility to Protect, and Humanitarian Intervention: Conceptual and Normative Interactions
Scott Sheeran and Catherine Kent
3. A History and Conceptual Development of the Protection of Civilians
Ralph Mamiya
4. Protecting Civilians: Comparing Organizational Approaches
Stian Kjeksrud, Jacob Aasland Ravndal, Andreas ien Stensland, Cedric de Coning, and Walter Lotze
5. The Evolution of the United Nations Collective Security System
Haidi Willmot

PART II - LEGAL FRAMEWORK
6. Protection of Civilians under International Human Rights Law
Andrew Clapham
7. Protection of Civilians under International Humanitarian Law
Jamie A Williamson
8. Displacement and the Protection of Civilians under International Law
Erin Mooney
9. Legal Aspects of the Use of Force by United Nations Peacekeepers for the Protection of Civilians
Mona Ali Khalil
10. International Responsibility for Ensuring the Protection of Civilians
Siobhan Wills

PART III - POLITICS AND PRACTICE
11. The United Nations and the Protection of Civilians
Jean-Marie Gu henno
12. The African Union and the Protection of Civilians
Ben Kioko and Lydia Wambugu
13. Security Council Diplomacy on the Protection of Civilians: A Convoluted History
Bruno Stagno Ugarte
14. Using Force to Protect Civilians in United Nations Peacekeeping Operations
Fiona Blyth and Patrick Cammaert
15. The Utility of Force for Protecting Civilians
Stian Kjeksrud
16. The Contribution of Human Rights to Protecting People in Conict
Michael Keating and Richard Bennett
17. Humanitarian Protection-Moving beyond the Tried and Tested
Sara Pantuliano and Eva Svoboda
18. The Problems and Dilemmas of Helping to Build Protection Capacities
Lise Grande
19. Community Self-protection
Aditi Gorur and Nils Carstensen
Introduction
Part I Conceptual and Historical Foundations
1. Civilians and War, Hugo Slim
2. Historial Evolution of the Protection of Civilians Concept, Ralph Mamiya and Conor Foley
3. Theoretical Foundations of Collective Security and the Protection of Civilians, Haidi Willmot
4. Conceptual Interactions: Protection of Civilians, Responsibility to Protect, and Humanitarian Intervention, Scott Sheeran and Catherine Kent
Part II Legal Framework
5. Protection of Civilians, Jus Ad Bellum, and the Use of Force, Marc Weller
6. Protection of Civilians Under International Human Rights Law, Andrew Clapham
7. Protection of Civilians Under International Refugee Law, Kees Wouters
8. Protection of Civilians Under International Humanitarian Law, Jamie Williamson
9. International Responsibility, Accountability, and Failure to Protect Civilians, Siobhan Wills
10. Legal Aspects of the Protection of Civilians in UN Field Operations, Mona Khalil
Part III- Politics and Practice
11. Protection Politics, Richard Gowan
12. Security Council Diplomacy and Protection, Ambassador Bruno Stagna Ugarte
13. 'Measures' to Protect: Instruments for the Protection of Civilians, Jean-Marie Guehenno
14. Protection of Civilians and the African Union, Hon. Justice Ben Kioka and Lydia Wambugu
15. Using Force to Protect in UN Peacekeeping Operations, Gen. Patrick Cammaert and Fiona Blyth
16. Protecting Through Human Rights Monitoring and Advocacy, Michael Keating and Richard Bennett
17. Humanitarian Protection, Sara Pantuliano and Eva Svoboda
18. Building National Capacity to Protect, Lise Grande and David Marshall

Editorial Reviews

"Protection of Civilians is a timely, comprehensive and authoritative book that many humanitarian actors, policymakers and diplomats will return to with advantage...To the books editors goes the concluding compliment: they have masterfully moderated a conversation in which diverse PoC voices meet and interact, learn from and enrich one another, and ultimately offer a perceptive and substantive basis for a unified PoC concept."— Brian Sang YK, Human Rights Law Review

From the Publisher