IHL obligations of the UN and other international organisations involved in international missions
Katie E. Sams
International military missions and international law
Leiden ; Boston : M. Nijhoff, 2011
To the extent that forces under the command and control of the United Nations and other international organisations are involved in combat operations that rise to the level of armed conflict, international humanitarian law is applicable. Similarly, the law of occupation may be a relevant normative framework in instances where such forces exercise control over a territory and its inhabitants. Despite the acknowledgement that IHL is applicable in such situations, the modalities and scope of its application are the subject of considerable debate. This chapter reviews the ratione personae applicability of IHL to the UN and other International Organizations, presenting the contours of the debate over the legal basis for the law's applicability. It then considers the ratione materiae applicability of the law, based on the legal qualification of the situation on the ground as an armed conflict and the peace operation's involvement as a party to that conflict.