Application of international humanitarian law to contemporary peace operations : mapping the "grey areas"
Host item entries:
Select proceedings of the European society of international law, Vol. 2, 2008, p. 529-553
This paper identifies and explores some of the "grey areas" in the application of international humanitarian law to peace operations. In order to set the background for the analysis, the first part of the paper looks at some of the factual developments that characterise contemporary peace operations, most relevant for the debate about the applicability of international humanitarian law. The second part the proceed to re-examine the relationship between peace operations and international humanitarian law, focusing on some of the most contested issues, such as : the applicability of IHL to peace operations rationae materiae; the determination of applicable (international or non-international) legal regime; the applicability of the law of occpation; and the legal status of peace forces in terms of IHL.