The Oxford handbook of international law in armed conflict
Oxford : Oxford University Press, 2014
This chapter looks into some salient issues within the wider field of peace operations, focusing on existing gaps and policy problems of legal regulation. It starts with certain frictions that have evolved during the genesis of these operations and their current legal challenges. The following sections suggest a critical look at the existing legal basis and political control of these operations, comment on the status of peacekeepers in the host country and in transit states, and examine select issues of applicable law and policy for the conduct of peace operations. These include security and safety; command and control; freedom of movement, communications, and logistic support; and relevant operational law issues including compliance by peacekeepers with human rights obligations, protection of civilians, force protection, and operational detentions. Problems concerning the accountability of sending states, international organizations, and individual wrongdoers are discussed in context with factfinding, judicial control, and the desirability of their improvement. Finally, some conclusions are drawn, focusing on implementation gaps and desirable legal developments.
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