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Nigel White

Abstract

This article will consider the evolution of the doctrines of peacekeeping and military enforcement, and the problematic move towards convergence. It will focus in particular on the predominance since the turn of the century of what are labelled protection mandates – mandates that authorize peacekeepers to protect civilians. In so doing it raises the question of whether the increased use of chapter VII mandates has had a positive impact in terms of lives saved. Further empirical work will be needed if this hypothesis is to be tested properly, though this paper incorporates some initial findings, based on UN reports from both the DR Congo and Darfur.

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Nigel D. White

The un is used to ‘outsourcing’ or ‘contracting out’ its peacekeeping functions but, traditionally, this has been to states willing to contribute troops to an operation under overall un command and control. This model itself has created tensions between contributing states and the un. Given these conditions, and the fact that international law is traditionally seen as primarily applicable to states, it seems even more legally problematic that the un has, in recent years, started to outsource certain peacekeeping functions to the private sector. Inevitably, issues of applicable international laws, lines of responsibility and mechanisms for accountability, are less clear. In recent years the un has addressed this new practice by adopting a series of guidelines and polices on armed security contractors. The aim of this paper is to analyse these current un policies in the light of their compatibility with international law, particularly international human rights law.

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Nigel D. White

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Russell Buchan, Henry Jones and Nigel D. White

The post-Cold War trend towards the privatization of some of the security and military functions of post-conflict and conflict operations conducted by states is extending to peacekeeping operations undertaken by the UN and other organizations. This article examines the policies behind the increased use of private military and security contractors (PMSCs) in peacekeeping, considers the obstacles to accountability and responsibility caused by this development, and suggests ways of overcoming these obstacles to provide remedies for victims of human rights abuse at the hands of such contractors.