- The Oxford Handbook of International Law in Armed Conflict
- Dedication
- Preface
- Table of Cases
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Current Challenges to International Humanitarian Law
- The Role of the International Committee of the Red Cross
- Customary Humanitarian Law Today: From the Academy to the Courtroom
- Treaties for Armed Conflict
- Land Warfare
- Air Warfare
- Maritime Warfare
- The Law of Occupation
- The Law Applicable to Peace Operations
- The Law of Neutrality
- The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack
- The Principle of Distinction Between Civilians and Combatants
- Proportionality in the Law of Armed Conflict
- Internal (Non-International) Armed Conflict
- The Right to Life
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- International Fair Trial Guarantees
- Economic, Social, and Cultural Rights in Armed Conflict
- Protection of the Natural Environment
- Protection of Cultural Property
- Members of the Armed Forces and Human Rights Law
- Use of Force
- Terrorism
- Unlawful Combatants
- Private Military and Security Companies
- International Human Rights Law in Time of Armed Conflict
- Gender and Armed Conflict
- Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law
- War Crimes and Other International ‘Core’ Crimes
- Focusing on Armed Non-State Actors
- State Responsibility and the Individual Right to Compensation Before National Courts
- Transitional Justice
- Index
Abstract and Keywords
This chapter examines issues within the wider field of peace operations, focusing on gaps and policy problems of legal regulation. Section II begins by looking at frictions that evolved during the genesis of these operations and their current legal challenges. Section III takes a critical look at the existing legal basis and political control of these operations. Section IV comments on the status of peacekeepers in the host country and in transit states. Section V examines select issues of applicable law and policy for the conduct of peace operations. These include security and safety; command and control; freedom of movement, communications, and logistic support; and relevant operational law issues including compliance by peacekeepers with human rights obligations, protection of civilians, force protection, and operational detentions. Section VI discusses problems concerning the accountability of sending states, international organizations, and individual wrongdoers in context with fact-finding, judicial control, and the desirability of their improvement. Finally, Section VII draws some conclusions, focusing on implementation gaps and desirable legal developments.
Keywords: peace operations, legal regulation, peacekeepers, operational law, sending states, international organizations, wrongdoers, fact-finding, judicial control
Dieter Fleck, formerly Director of International Agreements and Policy of the German Ministry of Defence, is Honorary President of the International Society for Military Law and the Law of War, Member of the Advisory Board of the Amsterdam Center for International Law, and Member of the Editorial Board of the Journal of International Peacekeeping.
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- The Oxford Handbook of International Law in Armed Conflict
- Dedication
- Preface
- Table of Cases
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Current Challenges to International Humanitarian Law
- The Role of the International Committee of the Red Cross
- Customary Humanitarian Law Today: From the Academy to the Courtroom
- Treaties for Armed Conflict
- Land Warfare
- Air Warfare
- Maritime Warfare
- The Law of Occupation
- The Law Applicable to Peace Operations
- The Law of Neutrality
- The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack
- The Principle of Distinction Between Civilians and Combatants
- Proportionality in the Law of Armed Conflict
- Internal (Non-International) Armed Conflict
- The Right to Life
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- International Fair Trial Guarantees
- Economic, Social, and Cultural Rights in Armed Conflict
- Protection of the Natural Environment
- Protection of Cultural Property
- Members of the Armed Forces and Human Rights Law
- Use of Force
- Terrorism
- Unlawful Combatants
- Private Military and Security Companies
- International Human Rights Law in Time of Armed Conflict
- Gender and Armed Conflict
- Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law
- War Crimes and Other International ‘Core’ Crimes
- Focusing on Armed Non-State Actors
- State Responsibility and the Individual Right to Compensation Before National Courts
- Transitional Justice
- Index