Legal Aspects of the Use of Force by United Nations Peacekeepers for the Protection of Civilians
Legal Aspects of the Use of Force by United Nations Peacekeepers for the Protection of Civilians
The chapter examines the evolution and raison d’être of the protection-of-civilians mandate and elaborates the legal framework governing the use of force by UN peacekeepers to protect civilians from the imminent threat of physical violence. It finds that the legal framework for the protection-of-civilians mandate and the authority to use all necessary means, up to and including deadly force, is both broad and deeply founded. However, a number of factors may have an inhibiting effect on the use of force by UN peacekeepers beyond self-defence and for the protection of civilians. These include: confusion regarding the meaning and scope of the legal terminology; concerns regarding the host State’s consent; lack of clarity around the mission leadership’s roles and responsibilities; the potential for criminal accountability and/or becoming a party to the conflict; the duality of contingent and mission command structures; and the ‘basic principles’ of peacekeeping.
Keywords: protection of civilians, legal framework, UN peacekeepers, self-defence, principles of peacekeeping, use of force
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