Lesson 2: From Rwanda and Srebrenica to the DRC and South Sudan: A New Relationship between UN Peacekeeping and the Use of Force? Flashcards
What are the tasks of a peacekeeping operation?
Peacekeepers protect civilians, actively prevent conflict, reduce violence, strengthen security and empower national authorities to assume these responsibilities. The specific tasks of each case would have to be found in the provisions of the applicable resolution
Which UN organs are involved in peacekeeping?
The Security Council have primary responsibility to establish a UN peace operation.
What is the legal basis for peacekeeping under IL?
- Generally considered to be found in chapter VII (Because of increasing robust mandates) (Some also argue that art. 1 “to bring about by peaceful means (…) adjustment or settlement of international disputes or situations which might lead to a breach of the peace.”)
- Consent (formally only from the host state, however, hopefully all parties to the conflict)
What could speak in favour of peacekeeping compared to authorising a ’coalition of the willing’?
(Referring to Iraq 20023 and the US invasion)
- It is illegal to interfere without UN mandate? (Even in times of human atrocities)
How/in which ways has peacekeeping evolved over time?
1960s: Justified not only in individual self- defense, but also in defense of the mandate.
1990s: Impartiality should be understood in the context of protecting civilians and that the UN was not to remain inactive in the face of atrocities being committed.
Now: Peacekeeping operations should have sufficient and robust mandates to protect civilians (All means necessary)
What characteristics are there to peacekeeping? Why are they important – or are they no more?
- Consent
- Impartiality
- Non-use of force except in self-defence and defence of the mandate
How do we know the mandate of a peacekeeping mission?
- Under which chapter is the mandate given (VI or VII)
- Authorising use of force (All necessary means and its possible limitations)
- Look to the preamble
- ‘sun-set clause’, reference to other resolutions, etc.
How is a resolution to be interpreted in case of ambivalent language? Does the Vienna Convention on the Law of Treaties apply?
Who has the authority to interpret the resolution? A single state or only the SC as a whole?
Does the Security Council specify the basis of its actions in the UN Charter? Should it?
How has the use of force in peacekeeping evolved? What is the difference between ”robust peacekeeping” and ”peace enforcement”?
Peacekeeping forces are therefore usually unarmed or only lightly armed and use the minimum of force necessary and then only exceptionally. Peace enforcement refers to the use of military assets to enforce a peace against the will of the parties to a conflict when, for instance, a ceasefire has failed (Coalitions of the willing).
What challenges arise when the SC authorises peacekeepers to use force to carry out their mandate?
- offensive operations collides with the three principles of peacekeeping
- Troops risks becoming party to the conflict
What is new in SC resolution 2098? Is it a revolutionary or ”aggressive” mandate? Why this development and is it positive?
Far-reaching, robust mandate in favour of government forces and the use of offensive combat forces to disarm rebels
What does the term ”protection of civilians” cover?
The Protection of Civilians (POC) is a responsibility which includes all parts of a peacekeeping mission, civilian, military and police functions.
How is it relevant to the SC resolutions you have read?
In almost all cases, peacekeeping missions are authorized to use all necessary means, up to and including the use of deadly force, to prevent or respond to threats of physical violence against civilians, within capabilities and areas of operations, and without prejudice to the responsibility of the host government. (At the core of UN peace missions)
