Applicability of

International Humanitarian
Laws in UN Peacekeeping
Operations
Gaurav Bhatia
Applicability of International Humanitarian
Laws in UN Peacekeeping Operations
 Definition of IHL
• International humanitarian law is a set of rules which seek,
for humanitarian reasons, to limit the effects of armed
conflict.

• It protects persons who are not or are no longer

participating in the hostilities and;

• restricts the means and methods of warfare.

• International humanitarian law is also known as the law of

war or the law of armed conflict.
Fundamental Principles of IHL

• Distinction

• Proportionality

• Precaution

• Military Necessity

Humanity vs. Military Necessity

 TYPES OF ARMED CONFLICTS

Redland Insurgents Redland

Non-international Armed Conflict

International Armed Conflict

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 APPLICATION OF LOAC IN IAC & NIAC
Common Article 3 GC I – IV (1949)
AP Redland
II (1977) Insurgents HC 1907 R
Redland
AP I (1977)
H CP (1954)
CCW (1980) plus
Non-international Armed Conflict

International Armed Conflict

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International Law Application to Military Operations

International
International
humanitarian law

International AP II conflict
GC I-IV
Internal
DDHH
human rights
IHRL
GC art. 3
conflict
AP I
LOAC
law
Internal
National conflict
law Tensions or
disturbances

PEACE CONFLICT

non-international international
Applicability of IHL in UN Peace Support Operations
 Legal Framework of UN PSO
• UN Charter, peacekeeping mandates
• UNSC Resolutions
• USCR 1327, 13.11.2000
• SOFA
• ROE
• International law
• International Humanitarian Law
• UN Personnel Safety Convention, 1994
• National law (Host and Sending State)
• Internal UN rules and guidelines
• UNSG Bulletin, 13/1999
• Capstone Doctrine, 2008. Principles and Guidelines
• Mission rules and directives
 UN Secretary General's Bulletin– 1999/13

1.1.The fundamental principles and rules of international

humanitarian law set out in this bulletin are applicable to
United Nations forces when in situations of armed conflict they
are actively engaged therein as combatants, either in
enforcement actions or in peacekeeping operations when use
of force is permitted in self-defence.

Bulletin on Observance by United Nations forces

of international humanitarian law
(Document ST/SGB/1999/13)
 UN Secretary General's Bulletin

UN Secretary General's (UNSG) Bulletin 1999/13 on "Observance by United Nations

forces of international humanitarian law"

• Applies to all UN forces conducting operations under UN command and

control

• States conducting operations authorized by the UN but NOT under UN

command and control are NOT BOUND by UN Secretary General's Bulletin.

• These states are still bound by IHL

• Entry into force on 12 August 1999

• It was reaffirmed by SC with Resolution 1327, 13.11.2000

 UN Secretary General's Bulletin
• Field of application
• peacekeeping operations and in peace-enforcement actions
under UN command

• Application of national law of the Troop Contributing State

• national law remains binding on soldiers

• Status of forces agreement (SOFA)

• obligation to train in IHL

• Violations of international humanitarian law

• subject to prosecution in national courts
UNSG's Bulletin

Protection of
civilian population
• Distinction
• Precautions
• Prohibition of
indiscriminate attacks
• Prohibition of
reprisals Civilians shall be protected
and not be targeted
at all times every time !
UNSG's Bulletin
• Means and Methods of
Combat

• Limitation

• Prohibition or
restriction of
certain means and
methods of warfare
UNSG's Bulletin
Treatment of civilians
and persons hors de
combat
• Respect and protect
without
discrimination

• Special protection for

women

• Special protection for

children
 UNSG's Bulletin

• Treatment of detained
persons (GC III)
• Notification
• Conditions of detention
• Treatment
• Prohibition of ill-
treatment and torture
• ICRC's right to visit
 UNSG's Bulletin
• Protection of the wounded, the
sick and medical and relief
personnel
• Protect and respect for wounded
and sick
• Protection of medical facilities,
personnel and transports
• Respect, use, misuse of the
protected emblems i.e. Red
Cross, Red Crescent and Red
Crystal
• ICRC Central Tracing Agency
• Facilitation of relief operations
 Practice Record & UNSG Bulletin

 1992 UNPROFOR: IHL into SOFA and agreements with States

contributing troops
 1992 UNITAF: US instructions on respect of
art 3 CG
 1994-1996: NATO IHL for UNPROFOR troops
 1994 TURQUOISE: France, IHL applicable
 1994 MNF: US, IHL applicable
 1999 KFOR: detention under IHL
 1999 INTERFET: Australia, CG IV
 1999 UNSG: Bulletin on Observance by UN
forces of IHL
 IHL Obligations in Peace Support Operations

• Problem Areas

• UN cannot be party to Geneva Conventions and other IHL

treaties i.e. UN is not a State

• Countries contributing troops have different legal systems

i.e. Civil Law, Common Law or Islamic Law

• Mixed mandates i.e Chapter VI or VII even sometimes 6.5 !

What is ICRC's view on Applicability of IHL
• Laws and actions should aim to minimize suffering

• Each contingent is bound by IHL according to the

obligations of its state (The law follows the troops)

• The principles set by SG Bulletin are the minimum to

UN forces.

• Other obligations may be enforced by bilateral

agreements between UN and host nation
What Is ICRC’s View on Applicability of IHL

• The fundamental principles of IHL are applicable

and must be observed;

• Any breaches of IHL must be addressed

immediately by the national authorities of the
contingent concerned; and

• The UN Forces should cooperate with the ICRC, or

at least not hinder its activities
The ICRC ? But Who / What is It ?
 What is ICRC
• The International Committee of the Red Cross (ICRC) is an impartial,
neutral and independent organization whose exclusively humanitarian
mission is to protect the lives and dignity of victims of armed conflict
and other situations of violence and to provide them with assistance.
• The ICRC also endeavors to prevent suffering by promoting and
strengthening humanitarian law and universal humanitarian
principles.
• Established in 1863 in Geneva, Switzerland.
• The ICRC is mandated by Geneva Conventions and international
community as the guardian and the promoter of International
Humanitarian Law
• There are currently 14 peacekeeping operations. The ICRC is present in
13 out of 14 except Cyprus.
The ICRC is
• Nearly 150 years old, humanitarian organization
• Works in armed conflict situations
• Has International mandate
• Part of the International Red Cross and Red
Crescent Movement
• NOT UN/ NGO/ Government / Human Rights
Organisation
Its Mission is limited …

To protect and assist the civilian and military

victims of armed conflicts and internal violence
on a strictly neutral and impartial basis and to
promote compliance with International
Humanitarian Law (IHL).
ICRC’S INTERANTIONAL MANDATE

Lives and Dignity of victims of

PROTECT Armed Conflict and Violence

ASSIST
Victims

Respect for
PROMOTE International Humanitarian
Law
BUT CERTAIN IMPORTANT ASPECTS TO BE
NOTED …

• Do not / Cannot (?) carry weapons

• Do not use armed escorts
• Do not testify in tribunals !
• Do not settle disputes between
countries/ fighting groups
• Do not disclose findings to media
• Do not collect information/ intelligence
or inform about our activities ! (But
data with them)
• Work in close proximity to victims
• Work in complementarity with other
humanitarian agencies !(?)
FUNDAMENTAL PRINCIPLES FOR
THEIR ACTIONS ?

HUMANITY

NEUTRALITY

IMPARTIALITY

INDEPENDENCE

UNIVERSALITY

VOLUNTARY

UNITY
JOINT TRAININGS AT FIELD TO PROMOTE IHL
THANK YOU