Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse the know-how acquired by those who have been directly confronted with these issues, in the field and at headquarters.
Among the cutting-edge topics practitioners explore in Peace Support Operations & Their Legal Implications are human trafficking and illegal immigration in theatres of PSO such as the Balkans, arrest and detention of suspects of serious breaches of the laws of war, the relationship and role sharing of civilian law enforcement agencies and peacekeepers, the use of non-lethal and other weapons (e.g. riot control agents), criminal liability for breaches of international law and Rules Of Engagement. Contributions of a more strategic nature deal further with the complexities of Status of Forces Agreements and Memoranda of Understanding, the extraterritorial applicability of human rights obligations, the application of the law of occupation to peacekeeping forces, their new role and the relative problems in peace-building.
The main objective of this guidebook is to provide the basis for further discussion, suggesting what should be done next, and to constitute a problem-solving tool for those deployed in the field, often secluded from the external world and confronted with difficulties to be solved immediately, under the pressure of time. The idea is to show them the path undertaken by others who have been confronted with similar problems and to share the knowledge and fight the power.
Published under the Transnational Publishers imprint.
Dr. Knoops is an international criminal lawyer with Knoops & Partners, Amsterdam, and Professor of International Criminal Law at the University of Utrecht.
Roberta Arnold was a legal adviser on the laws of armed conflict within the Staff of the Chief of the Armed Forces at the Swiss Defence Department in Bern. She is currently undertaking a 2-year practical legal training at the Cantonal Criminal Court and at “Riva & Felder” solicitors, Lugano, Switzerland, to take the bar exam in 2007.
Table of contents
List of Abbreviations; Foreword; Introduction; PSOs in Action; Part I: General Developments of Modern PSOs; Chapter 1: PSOs: Establishing the Rule of Law Through Security and Law Enforcement Operations, Kwai Hong Ip; Chapter 2: Promoting and Abiding by the Rule of Law: UN Involvement in Post-Conflict Justice, Noëlle Quénivet; Chapter 3: Military and Legal Aspects of PSOs—The Example of Austria’s Deployment With KFOR, Gerhard Scherhaufer; Part II: Concurrence of Modern PSOs and International Law; Chapter 4: The Applicability of the Law of Occupation to Peace
Support Operations, Roberta Arnold; Chapter 5: The Age of Interventionism: The Extraterritorial Reach of the European Convention on Human Rights; Josephine Lett; Chapter 6: Securing Status and Protection of Peacekeepers, Dieter Fleck; Chapter 7: So-Called “Non-Lethal” Weapons in Peace Support
Operations, Gergely Tóth; Part III: Concurrence of Modern PSOs and International Criminal Law; Chapter 8: Criminal Liability for Contemporary International Military (Crisis Management) Operations:
Towards a Refined Adjudicatory Framework ,Geert-Jan Alexander Knoops; Chapter 9: Migration and Border Management in Kosovo 1999–2005, Stefano Failla; Chapter 10: Trafficking in Human Beings for the Purpose of Sexual Exploitation—Legal Challenges in the Fight Against Modern Slavery in Crisis Regions: A Case Study of Bosnia and Herzegovina, Valerie Wahl; Chapter 11: Detention of Individuals During Peacekeeping Operations:
Lessons Learned From Kosovo, Pascal M. Dupont; Chapter 12: Accountability for the Conduct of UN-Mandated Forces Under International Human Rights Law: A Case Study Concerning Sexual Abuse of the UN Mission in the
Democratic Republic of Congo (MONUC), Sandra Katrin Miller; Conclusions and Recommendations;Index