The Oxford handbook of United Nations peacekeeping operations
Oxford : Oxford University Press, 2015
This chapter examines United Nations peacekeeping operations within the framework of international law, particularly in respect of the use of force. After providing an overview of the constitutional, institutional, and normative frameworks that governs peacekeeping, it looks at some of the laws applicable to peacekeeping operations. It then considers explicit civilian protection mandates under the UN Charter in relation to the legality of the use of force in peacekeeping operations. The chapter also discusses the three norms on which UN peacekeeping is traditionally based: consent, impartiality, and defensive use of force. Finally, the chapter considers whether international humanitarian law or international human rights law is applicable to the conduct of peacekeepers when performing their functions, before concluding with an assessment of laws and remedies in terms of access to justice for victims of human rights violations.