HHIACADEMYHPCR

Live Seminar 40: Regulating the Conduct of Military Personnel in Peace Operations

Share/Save
Date/Time:
January 26, 2012 - 9:30am - 11:00am
Location:
Online, United States
Website:

https://hsphevents.webex.com/ec0605ld/eventcenter/recording/recordAction...


Description:
Recording available: click here
 

Intergovernmental organizations have established an increasing number of diverse international peace operations, ranging from standard peacekeeping deployments to multifaceted peace-making and peace-enforcement operations. Despite rising political support for the strategic use of military presence and force to strengthen the protection of civilians, important aspects of the legal frameworks regulating peace operations remain unclear. This lack of clarity has raised significant concerns about impunity for abuses committed in the course of peace operations, especially those established under Status of Forces Agreements conferring immunity on foreign military personnel.

Against the backdrop of recent disagreement about the applicability of international humanitarian law and international human rights law to members of peace operations, this Live Web Seminar addressed a range of questions, including:
 
  • What are the legal obligations of members of peace operations under human rights law and IHL?
  • Who is responsible for the application and enforcement of these obligations?
  • How might immunity granted under Status of Forces Agreements affect impunity?
  • What mechanisms are available to victims of abuse by peace operations personnel, and what is the likelihood that those abusers will be brought to justice?
These questions were answered by reference not only to situations of armed conflict but also to situations short of armed conflict, where the issue of (extraterritorial) human rights obligations of peace operations personnel is increasingly prominent.
 
Claude Bruderlein (Director of HPCR) and Dustin A. Lewis (HPCR Program Associate) moderated the discussion.
 
Background resources
 
Caitlin A. Bell, "Reassessing Multiple Attribution: The International Law Commission and the Behrami and Saramati Decision," New York University Journal of Law and Politics, Vol. 42, p. 501, 2010.
 
Zsuzsanna Deen-Racsmány, "The Amended UN Model Memorandum of Understanding: A New Incentive for States to Discipline and Prosecute Military Members of National Peacekeeping Contingents?," Journal of Conflict & Security Law, Vol. 16, No. 2, 2011. [subscription required]
 
William J. Durch and Madeline L. England, "Ending Impunity: New Tools for Criminal Accountability in UN Peace Operations," Issue Brief, Stimson Center, September 2009.
 
 
Kjetil Mujezinovic Larsen, "Attribution of Conduct in Peace Operations: The 'Ultimate Authority and Control' Test," European Journal of International Law Vol. 19 no. 3, 2008.
 
 
Marco Odello, "Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers," Journal of Conflict & Security Law, Vol. 15, No. 2, 2010. [subscription required]
 
Aurel Sari, "Autonomy, Attribution and Accountability: Reflections on the Behrami Case," in Richard Collins and Nigel D. White (eds), International Organisations and the Idea of Autonomy (London, Routledge, 2011), pp. 257–277.
 
 
 
UNGA Note by the Secretariat, "Criminal accountability of United Nations officials and experts on mission,‟ UN Doc A/62/329, September 11, 2007. 

In partnership with:

The Federal Department for Foreign Affairs (FDFA) formulates and coordinates Swiss foreign policy on the instructions of the Federal Council. A coherent foreign policy is a precondition for the effective protection of Swiss interests vis-à-vis foreign countries.


Sida works according to directives of the Swedish Parliament and Government to reduce poverty in the world. The overall goal of Swedish development cooperation is to contribute to making it possible for poor people to improve their living conditions.