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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. Charter is foundation for all UN activities

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SGTM 3: Legal Framework of United Nations Peace Operations

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  1. SGTM 3: Legal Framework of United Nations Peace Operations

  2. UN Charter, peacekeeping mandates • International law and peacekeeping • Other legal documents • National law • Internal UN rules and guidelines • Mission rules and directives

  3. Charter is foundation for all UN activities • Peace and security are Security Council’s primary responsibility • Peacekeeping is a tool

  4. Mandate of a peace operation • Legal basis of all activity • Authorized by Security Council • Modified according to ground reality

  5. International law and peacekeeping • Humanitarian law • Human rights law • Other treaties, conventions

  6. International humanitarian law: “Law of War” • Restricts means and methodsof warfare • Protects civilians, victims andnon-combatants • 4 Geneva Conventions (1949),2 Additional Protocols (1977)

  7. Convention on Certain ConventionalWeapons, 1980 • Ottawa Treaty, 1997 prohibitsanti-personnel mines • Cultural property, the environment,victims of conflict • Applicable in peacekeeping becauseof conflict potential

  8. International human rights law • Charter of the United Nations(1945) • International Bill of HumanRights (1948)

  9. Examples of human-rights law • Protects vulnerable groups (children, migrant workers) • Outlaws torture, outlaws discrimination (racial, against women) Peacekeepers must uphold human rights in official and personal conduct

  10. Convention 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

  11. Privileges andimmunities (1946): United Nations • Legal immunity for property, assets • Premises, documents inviolable • Exempt from direct taxes,customs duties

  12. Privileges 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

  13. Courts, tribunals for war crimes • International Criminal Court • International criminal tribunals for Rwanda, Yugoslavia

  14. Peace accords • Ceasefire agreement • Disengagement of forces • Phases of peace process

  15. SOFA 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

  16. MOU sets terms for • Contributions • Obligations of contributing country • Obligations of United Nations

  17. 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

  18. UN internal rules and guidelines • Financial rules and regulations • Secretary-General’s bulletins

  19. Mission rules, directives • Concept of operations • Commander’s directives • Rules of engagement

  20. Rules of engagement (ROE) • From mission’s mandate • How, when to use force • Practical guidance to commanders

  21. ROE • Constraints and latitude in using force • Right of self-defence • Minimum use of force • Minimum collateral damage • Use of force according to Charter, mandate

  22. ROE cover • Use of force • Use of weapons systems • Authority to carry weapons • Authority to detain, search, disarm • Reactions to civil actions or unrest

  23. Peacekeepers 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

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