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Protecting CiviliansThe Obligations of Peacekeepers$
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Siobhán Wills

Print publication date: 2009

Print ISBN-13: 9780199533879

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199533879.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 November 2021

The Extent to which Peacekeeping and other Multi-national Forces have a General ‘Responsibility to Protect’ under International Human Rights Law

The Extent to which Peacekeeping and other Multi-national Forces have a General ‘Responsibility to Protect’ under International Human Rights Law

Chapter:
(p.111) 3 The Extent to which Peacekeeping and other Multi-national Forces have a General ‘Responsibility to Protect’ under International Human Rights Law
Source:
Protecting Civilians
Author(s):

Siobhán Wills

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199533879.003.0003

This chapter explores the extent to which international human rights law requires peacekeepers to protect civilians from serious violations of the rights they protect. The jurisprudence of the ICJ and of regional human rights courts, the observations and comments of UN human rights committee bodies, and the statements of the ICRC all support the view that human rights law is applicable during armed conflict, and that jurisdiction may apply extra-territorially where a contracting party is in de facto control of an area and in certain recognized exceptions to the territorial principle of jurisdiction. Jurisdiction may also extend to situations where a State brings an individual under their control, typically by detaining them. However, the ECtHR has made it clear that forces deployed pursuant to a Chapter VII resolution are immune from its scrutiny. The chapter concludes with suggestions for minimizing differences in the degrees of accountability for human rights law violations between different contingents.

Keywords:   human rights, jurisdiction, armed conflict, occupation, Kosovo, ICRC, UN, Chapter VII resolution

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