Documents on the Law of UN Peace Operations

Second Edition

Bruce Oswald, Helen Durham, and Adrian Bates

Second Edition revised and updated by Bruce Oswald
An up-to-date collection of all of the key documents applicable to UN peace operations
Each document is accompanied by an explanatory commentary and suggestions for further research
Provides an introduction which places the law and its application to UN peace operations into context in a clear and accessible manner

New to this Edition:

Introductory material has been updated and expanded to reflect developments relevant to planning, managing, and conducting UN peace operations
Prefatory notes which precede documents have been updated to reflect how the document has influenced contemporary peace operations and, where appropriate, cross-references have been added to other documents such as regional treaties or policy documents of regional organisations
Several new documents have been included, such as the most recent landmark Security Council resolutions concerning women, peace and security, children in armed conflict, and the protection of civilians in armed conflict
Three new documents concerned with developing legal norms have been included: Accountability for Conduct and Discipline in Field Missions, the Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces, and the Guidelines on the Use of Force by Military Components in United Nations Peacekeeping Operations

Documents on the Law of UN Peace Operations

Second Edition

Bruce Oswald, Helen Durham, and Adrian Bates

Description

Since the first edition of this book was published in 2010, United Nations peace operations have evolved significantly. In the Democratic Republic of the Congo, Central African Republic, and South Sudan, UN peacekeepers are now engaged in building peace by fighting non-State armed actors, and must consider issues concerning the application of law and policy governing the use of armed force when protecting civilians. In addition, the UN and its peacekeepers are increasingly being held to higher standards of accountability to ensure that their engagement with local forces and populations meets normative requirements found in international humanitarian law and international human rights law.

This extensively revised edition of Documents on the Law of UN Peace Operations addresses the key normative principles, rules, and standards that have been a part of this evolution. The book provides essential documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of UN peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians.

Documents on the Law of UN Peace Operations

Second Edition

Bruce Oswald, Helen Durham, and Adrian Bates

Introduction
PART ONE: ESTABLISHMENT AND MANAGEMENT OF PEACE OPERATIONS
1:Charter of the United Nations
2:Status-of-Forces Agreement between the United Nations and Host Countries
3:Agreement between the United Nations and Contributing States
PART TWO: CONDUCT OF PEACE OPERATIONS
A: GENERAL HUMAN RIGHTS INSTRUMENTS
Introduction
4:Convention on the Prevention and Punishment of the Crime of Genocide
5:Refugees and Internally Displaced Persons
6:The International Covenants on Human Rights
7:Convention on the Elimination of All Forms of Discrimination against Women
8: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
9:Rights of the Child
10:International Convention for the Protection of All Persons from Enforced Disappearance
11:Justice and Remedies
12:The Protection of Persons under Detention or Imprisonment
13:Public Safety and the Use of Force
B: PROTECTION OF UNITED NATIONS & ASSOCIATED PERSONNEL
14:Safety of United Nations and Associated Personnel
C: INTERNATIONAL HUMANITARIAN LAW
Introduction
15:Secretary General's Bulletin: Observance by United Nations Forces of International Humanitarian Law
16:Four Geneva Conventions of 1949 and their Additional Protocols
D: THEMATIC SECURITY COUNCIL RESOLUTIONS
Introduction
17:Women, Peace and Security
18:Children and Armed Conflict
19:Protection of Civilians in Armed Conflict
20:Sexual Exploitation and Abuse
PART THREE: RESPONSIBILITY AND ACCOUNTABILITY IN PEACE OPERATIONS
Introduction
A: PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND ITS AGENCIES
21:Convention on the Privileges and Immunities of the United Nations
B: THIRD-PARTY LIABILITY
22:Third-Party Liability: Temporal and Financial Limitations
C: INTERNATIONAL CRIMINAL LAW
23:Rome Statute of the International Criminal Court
D: ARTICLES ON THE RESPONSIBILITY OF INTERNATIONAL ORGANISATIONS
24:Articles on the Responsibility of International Organisations
E: CODES OF CONDUCT, DIRECTIVES AND GUIDELINES
25:Secretary-General's Bulletin: Status, Basic Rights, and Duties of United Nations Staff Members
26:Secretary-General's Bulletin: Regulations Governing the Status, Basic Rights, and Duties of Officials other than Secretariat Officials, and Experts on Mission
27:United Nations Standards of Conduct: We are United Nations Peacekeeping Personnel
28:Directives for Disciplinary Matters Involving Military Members of National Contingents
29:Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers
30:Secretary-General's Bulletin: Special Measures for Protection from Sexual Exploitation and Sexual Abuse
31:Accountability for Conduct and Discipline in Field Missions
32:Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces
33:Use of Force
PART FOUR: KEY INTERNATIONAL COURT OF JUSTICE CASES
34:Reparation for Injuries Suffered in the Service of the United Nations
35:Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter)
36:Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights

Documents on the Law of UN Peace Operations

Second Edition

Bruce Oswald, Helen Durham, and Adrian Bates

Author Information

Bruce Oswald, Professor and Director, University of Melbourne and the Asia Pacific Centre for Military Law, Helen Durham, Director of International Law and Policy, International Committee of the Red Cross, and Adrian Bates, Barrister, Victorian Bar

Bruce "Ossie" Oswald is a Professor and Director of the Asia Pacific Centre for Military Law in the Melbourne Law School at the University of Melbourne. His interests in law and practice are in international humanitarian law, peace operations, state building, accountability and responsibility, and the application of human rights law to military operations. Ossie has served in the Australian Regular Army as a legal officer. He has seen operational service in Rwanda, the Former Yugoslavia, East Timor, Iraq and Afghanistan. Ossie continues to serve in the Army Reserves as a legal officer.

Helen Durham is Director of International Law and Policy at the International Committee of the Red Cross, and is a senior fellow at Melbourne Law School. Helen has been Director of International Law, Strategy, Planning and Research at the Australian Red Cross, and has been involved in international treaty negotiations.

Adrian Bates is a barrister practicing in a range of areas including criminal law and family law. Prior to commencing at the Bar, Adrian worked as a Legal & Policy Officer within the human rights unit at the Victorian Equal Opportunity and Human Rights Commission, and as a Research Fellow at the Melbourne Law School.

Documents on the Law of UN Peace Operations

Second Edition

Bruce Oswald, Helen Durham, and Adrian Bates

Reviews and Awards

"For the historian of international law, the first and second editions together are the best documentary introduction to UN peacekeeping operations." - Jus Gentium