Security Council mandates and the use of lethal force by peacekeepers : what place for the laws of war ?
Nigel D. White
Contemporary challenges to the laws of war : essays in honour of professor Peter Rowe
Cambridge : Cambridge University Press, 2014
The chapter explores the gap between the Security Council’s mandate and the use of lethal weapons by peacekeepers and its implications for the law applicable to the use of force by peacekeepers. The argument is that the more coercive the mandate becomes, the more it might be expected that peacekeepers use force in accordance with the laws of war. However, the reality is that, unless they (exceptionally) become combatants in an armed conflict, they remain bound by human rights law, specifically, to respect the right to life. The question then becomes whether the human rights legal framework is sufficient to allow peacekeepers to carry out their mandate or whether it is possible to identify a new legal framework as part of an emerging jus post bellum?