9780429424373 (electronic book) 042942437X (electronic book) 9780429754807 (electronic book : EPUB) 0429754809 (electronic book : EPUB) 9780429754791 (electronic book : Mobipocket) 0429754795 (electronic book : Mobipocket) 9780429754814 0429754817 1138388769 9781138388765
Routledge Research in the Law of Armed Conflict Ser.
This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.
Description based upon print version of record.
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Table of Contents; Tables of cases; Table of legislation; Acknowledgements; Abbreviations; Chapter 1 Introduction; Context; Structure; Chapter 2 Srebrenica and Rwanda and the legal aftermath; Introduction; Background: Rwanda; Background: Srebrenica; Legal steps taken in domestic courts; The Netherlands: Mothers of Srebrenica and Nuhanović/Mustafić; Command and control within peacekeeping operations; Individual actors' responsibility for human rights protection; Mustafić & Nuhanović v Karremans, Franken & Oosterveen Article 2 of the European Convention on Human Rights: the duty to investigateConcluding remarks; Chapter 3 Omission liability in domestic law; Introduction; Omission liability: a definition; General perspectives in common and civil law compared; Elements required for omission liability; Degree of liability; Practical limitations to domestic adjudication of peacekeeping conduct; Concluding remarks; Chapter 4 Scope for omission liability under international law?; Introduction; Classification of the peacekeeping commanders' conduct; Command responsibility; Commission by omission The elements of omission liability in jurisprudenceLegal and practical constraints to omission liability for peacekeeping commanders; Concluding remarks; Chapter 5 A legal obligation to act for the peacekeeping commander?; Introduction; Peacekeeping mandates and rules of engagement; Peacekeeping operations and the relationship between IHL and IHRL; International Human Rights Law; International Humanitarian Law; Concluding remarks; Chapter 6 The peacekeeping commander as bystander: A moral obligation to act?; Introduction; Bystander: a definition; Bystander liability: a moral duty to act Actus reusDomestic law: actus reus; Presence and control or authority as approval or encouragement; Presence as an active or effective contribution to the crime; International law: actus reus; Subordination as a requirement for authority?; How do authority and presence result in encouragement or approval?; Substantial contribution; Domestic law: mens rea; Voluntary presence: not distancing from the crime; International law: mens rea; Concluding remarks; Chapter 7 The lege ferenda perspective on the legal framework of peacekeeping; Introduction A failure to act: why accountability on the individual level?'Failure to protect' as a separate offence in criminal law?; Civil responsibility; A separate paradigm for peacekeeping?; Concluding remarks; Chapter 8 Conclusion; Bibliography; Index
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