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The 'Legal Pluriverse' Surrounding Multinational Military Operations$
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Robin Geiß and Heike Krieger

Print publication date: 2019

Print ISBN-13: 9780198842965

Published to Oxford Scholarship Online: February 2020

DOI: 10.1093/oso/9780198842965.001.0001

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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: 22 October 2021

UN Security Council Resolutions as a Legal Framework for Multinational Military Operations

UN Security Council Resolutions as a Legal Framework for Multinational Military Operations

Chapter:
(p.267) 13 UN Security Council Resolutions as a Legal Framework for Multinational Military Operations
Source:
The 'Legal Pluriverse' Surrounding Multinational Military Operations
Author(s):

Pia Hesse

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198842965.003.0014

The chapter examines UN Security Council resolutions as a legal framework for multinational military operations. The author argues that obligations that derive from Security Council mandates may put constraints on how force is used. However, she also underlines that the Security Council sometimes even takes decisions that deviate from IHL rules. Whereas in very few instances concerns were raised that the Security Council authorized military enforcement action that allowed going beyond what is permitted under IHL, most Council resolutions deviating from IHL have a narrowing rather than a broadening effect. Against the background that the national transformation acts that implement Security Council enforcement measures could be challenged before domestic courts, questions arise whether the safeguards included in relation to these concrete provisions are adequate to accommodate potential infringements of rights of individuals affected by the implementation act.

Keywords:   military missions authorized by the UN Security Council, separation of jus ad bellum and jus in bello, ‘threat to the peace’ under Article 39 of the UN Charter, measures under Articles 42 of the UN Charter, enforcement of international humanitarian law, clarity and flexibility of mission mandates, robust peacekeeping

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