Legal Problems Arising From The United Nations Military Operations In The Congo

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Legal problems arising from the United Nations military operations in the Congo

Author : R. Simmonds
Publisher : Springer
ISBN 13 : 9401192677
Total Pages : 375 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Legal problems arising from the United Nations military operations in the Congo by : R. Simmonds

Download or read book Legal problems arising from the United Nations military operations in the Congo written by R. Simmonds and published by Springer. This book was released on 2012-12-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few episodes in recent history have aroused as much controversy as the United Nations military operations in the Congo. This controversy has no simple, straight-forward, and uniform explanation. Part of the explanation is to be found in the successes and failure of the operation itself; part in its labyrinthine international ramifications. But the most important explanation lies in its significance as a precedent. The ability of the Organization to take "collective measures" to maintain law and order within the territory of a Member State, albeit as a means of preserving international peace, was demonstrated, challenged and criticized. So much has been reported of the details and so varied has been the commentary that only the most intrepid spirit would venture something more with which to detain interested parties. The present study does not pretend to uncover new data so as to complete or correct the his torical record; it attempts, rather, to reflect on what has already been brought out and, against that background of factual knowledge, to indi cate and examine the legal problems involved. In so doing, it has been necessary to be ruthless in deciding what are central issues and in re jecting what is often interesting but probably peripheral.

International Law on Peacekeeping

Author : Hitoshi Nasu
Publisher : BRILL
ISBN 13 : 9004172262
Total Pages : 373 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law on Peacekeeping by : Hitoshi Nasu

Download or read book International Law on Peacekeeping written by Hitoshi Nasu and published by BRILL. This book was released on 2009 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

Oppenheim's International Law: United Nations

Author : Rosalyn Higgins
Publisher : Oxford University Press
ISBN 13 : 0192537180
Total Pages : 1642 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2018-12-13 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

The Use of Force in UN Peace Operations

Author : Trevor Findlay
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198292821
Total Pages : 486 pages
Book Rating : 4.2/5 (928 download)

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Book Synopsis The Use of Force in UN Peace Operations by : Trevor Findlay

Download or read book The Use of Force in UN Peace Operations written by Trevor Findlay and published by Oxford University Press on Demand. This book was released on 2002 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

The Air Force Law Review

Author :
Publisher : LLMC
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Air Force Law Review by :

Download or read book The Air Force Law Review written by and published by LLMC. This book was released on with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of United Nations Peacekeeping Operations

Author : Joachim Koops
Publisher : Oxford University Press
ISBN 13 : 019150954X
Total Pages : 1031 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Handbook of United Nations Peacekeeping Operations by : Joachim Koops

Download or read book The Oxford Handbook of United Nations Peacekeeping Operations written by Joachim Koops and published by Oxford University Press. This book was released on 2015-07-09 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on United Nations Peacekeeping Operations presents an innovative, authoritative, and accessible examination and critique of the United Nations peacekeeping operations. Since the late 1940s, but particularly since the end of the cold war, peacekeeping has been a central part of the core activities of the United Nations and a major process in global security governance and the management of international relations in general. The volume will present a chronological analysis, designed to provide a comprehensive perspective that highlights the evolution of UN peacekeeping and offers a detailed picture of how the decisions of UN bureaucrats and national governments on the set-up and design of particular UN missions were, and remain, influenced by the impact of preceding operations. The volume will bring together leading scholars and senior practitioners in order to provide overviews and analyses of all 65 peacekeeping operations that have been carried out by the United Nations since 1948. As with all Oxford Handbooks, the volume will be agenda-setting in importance, providing the authoritative point of reference for all those working throughout international relations and beyond.

The Creation of States in International Law

Author : James R. Crawford
Publisher : Oxford University Press
ISBN 13 : 0191511951
Total Pages : 943 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Creation of States in International Law by : James R. Crawford

Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Accountability of Peace Support Operations

Author : M.C. Zwanenburg
Publisher : BRILL
ISBN 13 : 9047415094
Total Pages : 375 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Accountability of Peace Support Operations by : M.C. Zwanenburg

Download or read book Accountability of Peace Support Operations written by M.C. Zwanenburg and published by BRILL. This book was released on 2005-05-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.

Peacekeeping in Africa

Author : Oliver Furley
Publisher : Routledge
ISBN 13 : 1000347540
Total Pages : 290 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Peacekeeping in Africa by : Oliver Furley

Download or read book Peacekeeping in Africa written by Oliver Furley and published by Routledge. This book was released on 2021-05-11 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, Peacekeeping in Africa was written to help make up the shortfall in the number of books that concentrated specifically on peacekeeping in Africa. The book covers the main peacekeeping operations of Africa, and provides a wealth of background material. In doing so, it explores the policies and actions of the international organisations concerned and the participating African states. It also considers the impact of sub-regional powers and the role of the USA, Britain, and France. Comprising three parts, Peacekeeping in Africa examines world perspectives, case studies, and wider issues surrounding Africa’s peacekeeping operations.

The Responsibility of International Organizations Toward Third Parties

Author : Moshe Hirsch
Publisher : BRILL
ISBN 13 : 9004634630
Total Pages : 238 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Responsibility of International Organizations Toward Third Parties by : Moshe Hirsch

Download or read book The Responsibility of International Organizations Toward Third Parties written by Moshe Hirsch and published by BRILL. This book was released on 2023-07-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Documents on the Law of UN Peace Operations

Author : Bruce Oswald
Publisher : Oxford University Press
ISBN 13 : 0191074616
Total Pages : 989 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Documents on the Law of UN Peace Operations by : Bruce Oswald

Download or read book Documents on the Law of UN Peace Operations written by Bruce Oswald and published by Oxford University Press. This book was released on 2019-06-20 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this book was published in 2010, United Nations peace operations have evolved significantly. In the Democratic Republic of the Congo, Central African Republic, and South Sudan, UN peacekeepers are now engaged in building peace by fighting non-State armed actors, and must consider issues concerning the application of law and policy governing the use of armed force when protecting civilians. In addition, the UN and its peacekeepers are increasingly being held to higher standards of accountability to ensure that their engagement with local forces and populations meets normative requirements found in international humanitarian law and international human rights law. This extensively revised edition of Documents on the Law of UN Peace Operations addresses the key normative principles, rules, and standards that have been a part of this evolution. The book provides essential documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of UN peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians.

Sexual Exploitation and Abuse by UN Military Contingents

Author : Róisín Sarah Burke
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004208488
Total Pages : 402 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Sexual Exploitation and Abuse by UN Military Contingents by : Róisín Sarah Burke

Download or read book Sexual Exploitation and Abuse by UN Military Contingents written by Róisín Sarah Burke and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.

Secession

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
ISBN 13 : 1139450697
Total Pages : 19 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Secession by : Marcelo G. Kohen

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-30 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

Unintended Consequences of Peacekeeping Operations

Author : Chiyuki Aoi
Publisher : UNU
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Unintended Consequences of Peacekeeping Operations by : Chiyuki Aoi

Download or read book Unintended Consequences of Peacekeeping Operations written by Chiyuki Aoi and published by UNU. This book was released on 2007 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The deployment of a large number of soldiers, police officers and civilian personnel inevitably has various effects on the host society and economy, not all of which are in keeping with the peacekeeping mandate and intent or are easily discernible prior to the intervention. This book is one of the first attempts to improve our understanding of unintended consequences of peacekeeping operations, by bringing together field experiences and academic analysis. The aim of the book is not to discredit peace operations but rather to improve the way in which such operations are planned and managed.

The Militarisation of Peacekeeping in the Twenty-First Century

Author : James Sloan
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318444
Total Pages : 336 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Militarisation of Peacekeeping in the Twenty-First Century by : James Sloan

Download or read book The Militarisation of Peacekeeping in the Twenty-First Century written by James Sloan and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use 'all necessary measures', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Côte d'Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council's practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security. '...Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called 'Chapter VI1⁄2' action, implied powers) and a rigorous questioning as to their place in – or indeed, relevance at all to – militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.' From the foreword by Dame Rosalyn Higgins

Struggles for Self-Determination

Author : Josiah Brownell
Publisher : Cambridge University Press
ISBN 13 : 1108832644
Total Pages : 329 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Struggles for Self-Determination by : Josiah Brownell

Download or read book Struggles for Self-Determination written by Josiah Brownell and published by Cambridge University Press. This book was released on 2021-12-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative study between four secessionist states in postcolonial Africa, and their struggles to obtain sovereign recognition.

United Nations Peacekeeping in Africa Since 1960

Author : Norrie Macqueen
Publisher : Routledge
ISBN 13 : 1317877330
Total Pages : 344 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis United Nations Peacekeeping in Africa Since 1960 by : Norrie Macqueen

Download or read book United Nations Peacekeeping in Africa Since 1960 written by Norrie Macqueen and published by Routledge. This book was released on 2014-07-30 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: United Nations Peacekeeping in Africa provides an exploration of United Nations military intervention in Africa, from its beginnings in the Congo in 1960 to the new operations of the twenty-first century. The scene is set by an examination of the theoretical bases both of United Nations peacekeeping and of Africa’s post-independence politics and international relations. The peacekeeping project in Africa is then described on a region by region basis – Central Africa, Southern Africa, West Africa, the Horn and Trans-Saharan Africa – with comparisons and contrasts within and between each part of Africa highlighted throughout. A number of key questions are considered: how have developments in the broader international system affected conflicts in Africa? what are the internal and external forces which have caused African states to ‘fail’ and ‘collapse’? how have external powers ‘used’ UN Peacekeeping in pursuit of their own political agendas? what determines success and failure in African peacekeeping? are there African solutions to African problems which could supplant UN involvement? As well as providing an account of UN involvement, the book is concerned to explore the long historical origins of the African conflicts with which the UN has been engaged. Written in an engaging and accessible manner, United Nations Peacekeeping in Africa provides an invaluable examination of the complex issues surrounding UN interventions in Africa.