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Robust Peacekeeping and Self-Defense

Published online by Cambridge University Press:  22 March 2019

Bruce “Ossie” Oswald
Bruce “Ossie” Oswald*
Affiliation:
Bruce “Ossie” Oswald is a Professor at Melbourne Law School, and the Director of the Asia-Pacific Centre for Military Law.
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Extract

In this Article I focus on the use of force in self-defense by United Nations peacekeepers that are members of military contingents. This is an important matter because the use of force in self-defense remains the foundation for the use of force in all United Nations peace operations—including aggressive or robust peacekeeping.

Type
“Aggressive” Peacekeeping in The Twenty-First Century
Information
Proceedings of the ASIL Annual Meeting , Volume 112 , 2018 , pp. 117 - 120
Copyright
Copyright © by The American Society of International Law 2019 

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References

1 UN DPKO, Guidelines for the Development of Rules of Engagement (ROE) for United Nations Peacekeeping Operations, para. 8 (May 15, 2002) [hereinafter ROE Guidelines].

2 Guidelines on the Use of Force by Military Components in United Nations Peacekeeping Operations, para. 6 (Feb. 1, 2017) [hereinafter Guidelines].

3 Report of the Secretary-General, Summary Study of the Experience Derived from the Establishment and Operation of the Force, para. 70, UN Doc. A/3943 (Oct. 9, 1958).

4 Report of the High-Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility, para. 213, UN Doc. A/59/565 (Dec. 2, 2004).

5 UN DPKO, Guidelines on the Use of Force by Military Components in United Nations Peacekeeping Operations, para. 6 (Feb. 1, 2017).

6 Id., para. 31.

7 See, e.g., id., paras. 7–8 (for more detail).

8 Model MOU for Military Contingents, ch. 9, para. 7.22, UN Doc. A/C.5.69/18.

9 Yeo, Stanley, Unrestrained Killings and the Law: A Comparative Analysis of the Laws of Provocation and Excessive Self-Defence in India, England and Australia 168 (1998)Google Scholar.

10 See, however, a 1993 advice from the United Nations Office of Legal Affairs, which argues that “the use of force is an inherent right of United Nations forces.” See Office of Legal Affairs, The Right of Self-Defence of United Nations Peacekeeping Forces and the Exercise of this Right – Article 51 of the Charter of the United Nations (July 19, 1993), UN Juridical Y.B. 371–72 (1993).

11 See, e.g., Human Rights Committee, Draft General Comment 36 on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life, para. 18 (advanced unedited version).

12 See, e.g., id.

13 See ROE Guidelines, supra note 1, Annex B, para. 7.

14 Fletcher, George, Basic Concepts of Criminal Law 134 (1998)Google Scholar.