From Mali to the Democratic Republic of the Congo, Kosovo or Cyprus, the United Nations (UN) is currently leading 12 peacekeeping operations across the globe.
Our new Working Paper The UN Security Council and Common Article 1: Understanding the Role of Peacekeeping Operations in Ensuring Respect for IHL examines the applicability of article 1 common to the Geneva Conventions of 1949 – on the obligation to respect and ensure respect for international humanitarian law (IHL) – to the UN, with a specific focus on peacekeeping operations.
Written by our Researcher Emilie Max, it examines how modern peacekeeping operations with multidimensional mandates engage in activities aimed at – or amounting to – promoting compliance with IHL, including in relation to the thematic agenda items of the UN Security Council (UNSC) – namely Protection of Civilians in Armed Conflict; Women, Peace and Security; and Children in Armed Conflict.
UN Photo/Manuel Elias
UN Photo/Eskinder Debebe>
Although not mentioned in the UN Charter, peacekeeping has become one of the most essential tools at the UN’s disposal for fulfilling its mandate to maintain international peace and security. Such a tool gradually evolved from straightforward military operations to multidimensional mandates with an ever-increasing number of activities aimed at protecting civilians from the violence of armed conflict.
If the contribution of peacekeeping operations to the preservation of human dignity has often been examined through the lens of the protection and promotion of human rights, the same does not necessarily hold true with regard to IHL.
‘This Working Paper precisely aims at filling this gap by assessing whether – and, if so, how –peacekeeping operations contribute to ensuring respect for IHL in the sense of common article 1’ explains Emilie Max.
UK Mission to the UN/Lorey Campese>
The author concludes her paper with a series of recommendations for prospective or current UNSC members that contemplate using peacekeeping for promoting respect for IHL.
‘For instance, if the mandates of peacekeeping operations include the prevention and suppression of IHL violations, states should ensure that peacekeepers can implement these tasks. This implies that the UN Secretariat provides appropriate strategic guidance, that sufficient human and financial resources are allocated to missions, and that there is commensurate political will emanating from the UNSC’ underlines Emilie Max.
‘Similarly, certain activities included in peacekeeping operations’ mandates in order to protect civilians from the violence of armed conflict – like training on IHL – should consistently be implemented in close cooperation with the International Committee of the Red Cross, other humanitarian organizations and relevant UN agencies’ she adds.
UN Photo/Manuel Elias>
This Working Paper is part of our larger research project led by Emilie Max that aims at critically assessing how the UNSC has recently dealt with IHL.
It follows another publication Room for Manoeuvre? Promoting International Humanitarian Law and Accountability While at the United Nations Security Council: A Reflection on the Role of Elected Members that assessed the UNSC’s recent engagement with IHL and accountability.
Three new Working Papers – researched by the Geneva Academy in the context of our joint project with the ICRC on the digitalization of armed conflict – address some of the main issues of contention concerning the application of international law to military cyber operations.
isafmedia, via Wikimedia Commons
Following the withdrawal of US troops and the fact that the Taliban gained effective control over most of the country, including Kabul, we revised the classification of the armed conflicts that are taking place in the country.
UN Photo/Manuel Elias
This IHL Talk, co-organized with the International Peace Institute (IPI), aims at contrasting approaches to, and decision-making on, humanitarian affairs in the relevant multilateral fora in New York and Geneva.
VOA, via Wikimedia Commons
This online IHL talk aims at shining light on some of the many legal, political and protection-related challenges stemming from the situation in Afghanistan.
This short course, which can be followed in Geneva or online, analyses the main international and regional norms governing the international protection of refugees. It notably examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law.
This short course, which can be followed in Geneva or online, looks at the sources from which public international law rules stem and at the entities that are empowered with the capacity of law-making in the international legal order. It aims at enabling participants to develop a global perception of the international normative system.
This project aims at compiling and analysing the practice and interpretation of selected international humanitarian law and human rights norms by armed non-state actors (ANSAs). It has a pragmatic double objective: first, to offer a comparative analysis of IHL and human rights norms from the perspective of ANSAs, and second, to inform strategies of humanitarian engagement with ANSAs, in particular the content of a possible ‘Model Code of Conduct’.
This project will explore humanitarian consequences and protection needs caused by the digitalization of armed conflicts and the extent to which these needs are addressed by international law, especially international humanitarian law.