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SGTM 3: Legal Framework of United Nations Peace Operations

SGTM 3: Legal Framework of United Nations Peace

Operations

SGTM 3: Legal Framework of United Nations Peace

Operations


UN Charter, peacekeeping mandates

International law and peacekeeping

Other legal documents

National law

Internal UN rules and guidelines

Mission rules and directives

UN Charter, peacekeeping mandates

International law and peacekeeping

Other legal documents

National law

Internal UN rules and guidelines

Mission rules and directives


Charter is foundation for all UN activities

Peace and security are Security Council’s primary responsibility

Peacekeeping is a tool

Charter is foundation for all UN activities

Peace and security are Security Council’s primary responsibility

Peacekeeping is a tool


Mandate of a peace operationMandate of a peace operation

Legal basis of all activity

Authorized by Security Council

Modified according to ground reality

Legal basis of all activity

Authorized by Security Council

Modified according to ground reality


International law and peacekeepingInternational law and peacekeeping

Humanitarian law

Human rights law

Other treaties, conventions

Humanitarian law

Human rights law

Other treaties, conventions


Restricts means and methodsof warfare

Protects civilians, victims andnon-combatants

4 Geneva Conventions (1949),2 Additional Protocols (1977)

Restricts means and methodsof warfare

Protects civilians, victims andnon-combatants

4 Geneva Conventions (1949),2 Additional Protocols (1977)

International humanitarian law: “Law of War”International humanitarian law: “Law of War”


Convention on Certain ConventionalWeapons, 1980

Ottawa Treaty, 1997 prohibitsanti-personnel mines

Cultural property, the environment,victims of conflict

Applicable in peacekeeping becauseof conflict potential

Convention on Certain ConventionalWeapons, 1980

Ottawa Treaty, 1997 prohibitsanti-personnel mines

Cultural property, the environment,victims of conflict

Applicable in peacekeeping becauseof conflict potential


International human rights lawInternational human rights law

Charter of the United Nations(1945)

International Bill of HumanRights (1948)

Charter of the United Nations(1945)

International Bill of HumanRights (1948)


Examples of human-rights law Examples of human-rights law

Protects vulnerable groups (children, migrant workers)

Outlaws torture, outlaws discrimination (racial, against women)

Protects vulnerable groups (children, migrant workers)

Outlaws torture, outlaws discrimination (racial, against women)

Peacekeepers must uphold human rights in official and personal conduct


Convention on Safety of UNand Associated Personnel, 1994Convention on Safety of UNand Associated Personnel, 1994

Ensure safety, security of personnel, premises, operations

Prompt release of detained UN personnel without interrogation

Does not apply for combatants under Chapter VII of Charter

Ensure safety, security of personnel, premises, operations

Prompt release of detained UN personnel without interrogation

Does not apply for combatants under Chapter VII of Charter


Privileges andimmunities (1946): United NationsPrivileges andimmunities (1946): United Nations

Legal immunity for property, assets

Premises, documents inviolable

Exempt from direct taxes,customs duties

Legal immunity for property, assets

Premises, documents inviolable

Exempt from direct taxes,customs duties


Privileges andimmunities: officials, expertsPrivileges andimmunities: officials, experts

Legal immunity for official acts

Immunity from personal arrest, legal process

Inviolability of all papers and documents

Exemption from taxation on salaries

Legal immunity for official acts

Immunity from personal arrest, legal process

Inviolability of all papers and documents

Exemption from taxation on salaries


Courts, tribunals for war crimesCourts, tribunals for war crimes

International Criminal Court

International criminal tribunals for Rwanda, Yugoslavia

International Criminal Court

International criminal tribunals for Rwanda, Yugoslavia


Peace accordsPeace accords

Ceasefire agreement

Disengagement of forces

Phases of peace process

Ceasefire agreement

Disengagement of forces

Phases of peace process


SOFA or SOMA provides forSOFA or SOMA provides for

Status of military, police contingents

Freedom of movement

Communications facilities

Use of weaponry, flags, uniforms

Privileges and immunities

Applicability of local laws

Claims and disputes

Status of military, police contingents

Freedom of movement

Communications facilities

Use of weaponry, flags, uniforms

Privileges and immunities

Applicability of local laws

Claims and disputes


MOU sets terms forMOU sets terms for

Contributions

Obligations of contributing country

Obligations of United Nations

Contributions

Obligations of contributing country

Obligations of United Nations


UN personnel subject to law of host country

Some immunities defined in SOMA or SOFA

Military members of contingents

Criminal jurisdiction of military law of homeland

Military observers, police officers, civilian staff

Some “functional immunity” that may be waived

UN personnel subject to law of host country

Some immunities defined in SOMA or SOFA

Military members of contingents

Criminal jurisdiction of military law of homeland

Military observers, police officers, civilian staff

Some “functional immunity” that may be waived


UN internal rules and guidelinesUN internal rules and guidelines

Financial rules and regulations

Secretary-General’s bulletins

Financial rules and regulations

Secretary-General’s bulletins


Mission rules, directivesMission rules, directives

Concept of operations

Commander’s directives

Rules of engagement

Concept of operations

Commander’s directives

Rules of engagement


Rules of engagement (ROE) Rules of engagement (ROE)

From mission’s mandate

How, when to use force

Practical guidance to commanders

From mission’s mandate

How, when to use force

Practical guidance to commanders


ROEROE

Constraints and latitude in using force

Right of self-defence

Minimum use of force

Minimum collateral damage

Use of force according to Charter, mandate

Constraints and latitude in using force

Right of self-defence

Minimum use of force

Minimum collateral damage

Use of force according to Charter, mandate


ROE coverROE cover

Use of force

Use of weapons systems

Authority to carry weapons

Authority to detain, search, disarm

Reactions to civil actions or unrest

Use of force

Use of weapons systems

Authority to carry weapons

Authority to detain, search, disarm

Reactions to civil actions or unrest


Peacekeepers arePeacekeepers are

Provided a mandate and a mission

Expected to abide by laws of host country

Accorded privileges, immunities to accomplish mission

Held personally accountable if commit an offence

Given strict rules on how and when to use force

Provided a mandate and a mission

Expected to abide by laws of host country

Accorded privileges, immunities to accomplish mission

Held personally accountable if commit an offence

Given strict rules on how and when to use force

sgtm 3: legal framework of united nations peace operations slide 1 sgtm 3: legal framework of united...

Documents

law of war slide

tool slide

conflict potential slide

international humanitarian

ground reality slide

peace operation legal

activities peace

personal conduct slide