International Organizations under Pressure
Second Edition
Bruce Oswald, Helen Durham, and Adrian Bates
ISBN: 9780198757283 (Hardcover)
Publicado: 20 August 2019
Páginas: 704
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.
CONTENIDO
Introduction
PART ONE: ESTABLISHMENT AND MANAGEMENT OF PEACE OPERATIONS
1. Charter of the United Nations
2. Status-of-Forces Agreement between the United
Nations and Host Countries
3. Agreement between the United Nations and Contributing States
PART TWO: CONDUCT OF PEACE OPERATIONS
A: GENERAL HUMAN RIGHTS INSTRUMENTS
Introduction
4. Convention on the Prevention and Punishment of the Crime of Genocide
5. Refugees and Internally Displaced Persons
6. The International Covenants on Human Rights
7. Convention on the Elimination of All Forms of
Discrimination against Women
8. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
9. Rights of the Child
10. International Convention for the Protection of All Persons from Enforced Disappearance
11. Justice and Remedies
12. The Protection of Persons under Detention or Imprisonment
13. Public Safety and the Use of Force
B: PROTECTION OF UNITED NATIONS & ASSOCIATED PERSONNEL
14. Safety of United Nations and Associated Personnel
C: INTERNATIONAL HUMANITARIAN LAW
Introduction
15. Secretary General’s Bulletin: Observance by United Nations Forces of International Humanitarian Law
16. Four Geneva Conventions of 1949 and their Additional Protocols
D: THEMATIC SECURITY COUNCIL RESOLUTIONS
Introduction
17. Women, Peace and Security
18. Children and Armed Conflict
19. Protection of Civilians in Armed Conflict
20. Sexual Exploitation and Abuse
PART THREE: RESPONSIBILITY AND ACCOUNTABILITY IN PEACE OPERATIONS
Introduction
A: PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND ITS AGENCIES
21. Convention on the Privileges and Immunities of the United Nations
B: THIRD-PARTY LIABILITY
22. Third-Party Liability: Temporal and Financial Limitations
C: INTERNATIONAL CRIMINAL LAW
23. Rome Statute of the International Criminal Court
D: ARTICLES ON THE RESPONSIBILITY OF INTERNATIONAL ORGANISATIONS
24. Articles on the Responsibility of International Organisations
E: CODES OF CONDUCT, DIRECTIVES AND GUIDELINES
25. Secretary-General’s Bulletin: Status, Basic Rights, and Duties of United Nations Staff Members
26. Secretary-General’s Bulletin: Regulations Governing the Status, Basic Rights, and Duties of Officials other than Secretariat Officials, and Experts on Mission
27. United Nations Standards of Conduct: We are United
Nations Peacekeeping Personnel
28. Directives for Disciplinary Matters Involving Military Members of National Contingents
29. Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers
30. Secretary-General’s Bulletin: Special Measures for Protection from Sexual Exploitation and Sexual Abuse
31. Accountability for Conduct and Discipline in Field Missions
32. Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces
33. Use of Force
PART FOUR: KEY INTERNATIONAL COURT OF JUSTICE CASES
34. Reparation for Injuries Suffered in the Service of the United Nations
35. Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter)
36. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights
AUTORES
Bruce Oswald, Professor and Director, University of Melbourne and the Asia Pacific Centre for Military Law, Helen Durham, Director of International Law and Policy, International Committee of the Red Cross, Adrian Bates, Barrister, Victorian Bar
Bruce “Ossie” Oswald is a Professor and Director of the Asia Pacific Centre for Military Law in the Melbourne Law School at the University of Melbourne. His interests in law and practice are in international humanitarian law, peace operations, state building, accountability and responsibility, and the application of human rights law to military operations. Ossie has served in the Australian Regular Army as a legal officer. He has seen operational service in Rwanda, the Former Yugoslavia, East Timor, Iraq and Afghanistan. Ossie continues to serve in the Army Reserves as a legal officer.
Helen Durham is Director of International Law and Policy at the International Committee of the Red Cross, and is a senior fellow at Melbourne Law School. Helen has been Director of International Law, Strategy, Planning and Research at the Australian Red Cross, and has been involved in international treaty negotiations.
Adrian Bates is a barrister practicing in a range of areas including criminal law and family law. Prior to commencing at the Bar, Adrian worked as a Legal & Policy Officer within the human rights unit at the Victorian Equal Opportunity and Human Rights Commission, and as a Research Fellow at the Melbourne Law School.
