Transcript UN DPKO - T.M.C. Asser Instituut

Fighting peacekeepers – applicability of
IHL during UN Peace Operations
Lt Col Ben Klappe,
Asser Institute, The Hague, 7 November 2006
Surge of UN led PKOs
50
45
40
35
30
25
43
20
15
10
5
6
2
2
1940s
1950s
0
3
1960s
1970s
5
1980s
1990s to date
Contributions 1993 – 2006 (total)
1993
140000
1994
1995
120000
100000
80000
1996
1997
1998
1999
2000
60000
2001
2002
40000
2003
2004
20000
2005
2006
0
2006 (2)
SPECTRUM OF OPERATIONS
Belligerent
(Law of Armed Conflict applies)
Peace
Enforcing
Operational
Environment
Benign
Traditional PK
Observation missions
Level of Military Effort / Use of Force
MONUC
CHAPTER VII
….Use all means necessary within its capacity
and in the areas where its armed forces are
deployed…
MONUC mandate
SC Res 1565 ( 2004) excerpt
(1)
to deploy and maintain a presence in key areas of
potential volatility in order to promote the re-establishment
of confidence, to discourage violence, in particular by
deterring the use or attempted use of force to threaten the
political process, and to allow UN personnel to operate
freely, particularly in the Eastern part of the DRC,
including by the use of cordon and search tactics to
disrupt the military capability of illegal armed groups
that continue to use violence in those areas;
(2)
to ensure the protection of civilians, including
humanitarian personnel, under imminent threat of physical
violence, including by the use of cordon and search
tactics against illegal armed groups that continue to use
violence in the Eastern part of the DRC;
MONUC mandate
SC Res 1565 ( 2004) excerpt
(3) to ensure the protection of UN personnel,
facilities, installations and equipment;
(4) to ensure the security and freedom of
movement of its personnel;
MONUC mandate
SC Res 1565 ( 2004) excerpt
(6) to monitor the implementation of the measures
imposed by […] SC res 1493 (2003) including by
inspecting, as it deems necessary and without notice,
the cargo of aircraft and of any transport vehicle using
the ports, airfields, military bases and border crossings
in North and South Kivu and in Ituri;
(7) to seize or collect, as appropriate, arms and any related
materiel whose presence in the territory of the DRC
violates the measures imposed by SC resolution 1493 and
dispose of such arms and related materiel as appropriate;
MONUC mandate
SC Res 1565 ( 2004) excerpt
11. in support for the Government of National Unity
and Transition, to support operations to disarm
foreign combatants led by the FARDC,
including through measures such as:
•
•
cordon and search operations;
positioning itself, in close cooperation with the
FARDC, to deter or prevent reprisal attacks by
foreign elements against the Congolese civilian
population;
UN Rules of Engagement
Directives issued by DPKO
Contain authorisation for as well as
limitations on use of force during operations
EXECUTION OF ROE

The conduct of peacekeeping operations is guided by the
Purposes of the UN Charter and relevant principles of
international law.

ROE provide direction to commanders at all levels
governing the use of force within the Mission Area. They
define the degree and the manner in which force may be
applied and are designed to ensure that the application of
force is controlled and legal.

Military personnel must comply with the international
legal principles of proportionality, the minimum use of
force and the requirement to minimise the potential for
collateral damage.
Principles
Use of Minimum Force
 Self defense
 Protect civilians under imminent threat of
physical violence

Protection of civilians
Use of force, up to and including deadly force,
to protect civilians, including humanitarian
workers, under imminent threat of physical
violence is authorized.
When and where possible, permission to use
force should be sought from the immediate
superior commander.
The following prohibitions are to be observed when
authorized ROE are being used: (1)



Use of certain weapons and methods of combat under
the relevant instruments of international humanitarian
law, including, in particular, the prohibition on the use of
asphyxiating, poisonous or other gases and biological
methods of warfare;
bullets which explode, expand or flatten easily in the
human body; and certain explosive projectiles.
The use of certain conventional weapons, such as nondetectable fragments, anti-personnel mines, booby traps
and incendiary weapons.
The following prohibitions are to be observed when
authorized ROE are being used: (2)



Use of weapons or methods of warfare which may cause
superfluous injury or unnecessary suffering, or which are
intended, or may be expected to cause, widespread, longterm and severe damage to the natural environment.
Use of weapons or methods of combat of a nature to cause
unnecessary suffering.
Attacks on monuments of art, architecture or history,
archaeological sites, works of art, places of worship and
museums and libraries which constitute the cultural or
spiritual heritage of peoples. In its area of operation, the
UNPKO shall not use such cultural property or their
immediate surroundings for purposes which might expose
them to destruction or damage.
The following prohibitions are to be observed when
authorized ROE are being used: (3)



Theft, pillage, misappropriation and any act of vandalism
directed against cultural property.
Use of methods of warfare to attack, destroy, remove or
render useless objects indispensable to the survival of the
civilian population, such as foodstuff, crops, livestock and
drinking water installations and supplies.
Making installations containing dangerous forces, namely
dams, dikes and nuclear electrical generating stations, the
object of military operations if such operations may cause
the release of dangerous forces and consequent severe
losses among the civilian population.
Hostile act
An action where the intent is:
to cause death, bodily harm or
destruction of designated property.
Hostile intent
The threat of imminent use of force,
which is demonstrated through an action
which appears to be preparatory to a
hostile act. Only a reasonable belief in the
hostile intent is required, before the use
of force is authorized.
Detainment for security reasons
Apprehend
1st choice
Handover to local authorities
& Detain
In custody of peacekeepers:
- record key events and information
- transfer to official place of custody
- inform about reasons for detainment and rights
- inform family
- provide access to legal counsel
SG Bulletin: Observance by UN Forces of
international humanitarian law - August 1999
 Applicability
The fundamental principles and rules of
IHL set out in the bulletin are applicable
to UN forces when in situations of armed
conflict they are actively engaged therein
as combatants, to the extent and for the
duration of their engagement
SG Bulletin: Observance by UN Forces of
international humanitarian law - August 1999
 Protection
of civilian population
 Means and methods of combat
 Treatment of civilians and persons ‘hors
de combat’
 Treatment of detained persons
 Protection of the wounded, the sick and
medical and relief personnel
Application of IHL to PSO

UN usually not a party to the conflict;

If UN engaged as a party UN bound by the rules
of customary international law;

UN not a party to IHL Conventions;

Participating states when engaged in armed
conflict are bound by IHL Conventions to which
they are a party;