UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice

Front Cover
Cambridge University Press, May 10, 2007 - Law - 375 pages
The concept of UN peacekeeping has had to evolve and change to meet the challenges of contemporary sources of conflict; consequently, peacekeeping operations have grown rapidly in number and complexity. This book examines a number of issues associated with contemporary multinational peace operations, and seeks to provide insights into the problems that arise in establishing and deploying such forces to meet the challenges of current conflicts. The focus of the book is three case studies (Lebanon, Somalia and Kosovo), involving a comparative analysis of the traditional peacekeeping in Lebanon, the more robust peace enforcement mission in Somalia, and the international administration undertaken on behalf of the international community in Kosovo. The book analyses the lessons that may be learned from these operations in terms of mandates, command and control, use of force and the relevance of international humanitarian and human rights law to such operations. (Cover)
 

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Contents

Introduction
1
Peacekeeping and enforcement operations
8
Collective security and the role of the Security Council
11
Peacekeeping and contemporary issues
12
The structure of the book
24
The political and diplomatic background to the establishment of peace support operations in Lebanon Somalia and Kosovo
33
Factors influencing the decision to intervene
34
Response to the interventions in Lebanon Somalia and Kosovo
37
Lebanon
155
Kosovo
156
Standing operating procedures and rules of engagement
158
Lebanon
173
Escalating the response and the tactical use of force
176
Confrontation at AtTiri and the adoption of Resolution 467 1980
179
Somalia
185
Conflicting interpretations of the concept of operations and the slide into combat
187

Security Council fails to support UNIFIL
43
Lack of cooperation from the parties in Lebanon
45
The case of Somalia
48
Deployment of UNOSOM I
50
Options facing the SecretaryGeneral and the deployment of UNITAF
55
The dilemma of disarmament and the creation of a safe environment in Somalia
60
Reconciliation and mediation efforts in Somalia and Lebanon
63
Intervention in Kosovo
69
the NATO air campaign
75
The Military Technical Agreement and UN Resolution 1244
77
Creation of provisional institutions of selfgovernment and the protection of minorities in Kosovo
81
Constitutional Framework for Provisional SelfGovernment
84
The security deficit and the de facto partition of Kosovo
86
The problem of parallel political structures
89
Military effectiveness and problems of command and control
93
UNIFIL
96
Deficiencies in the UN organisation and structures
97
Conclusion
100
Legal framework of UN peacekeeping forces and issues of command and control
106
Legal framework of UN operations and the SOFA
107
UNIFIL
110
KFOR
112
Consequences for Irish and Canadian personnel in breach of UN regulations
114
Command and control
115
Command and control of peacekeeping operations
121
Command and control of UN forces in Somalia
125
Command and control of Canadian forces
134
Constitutional issues arising in the command of Irish forces
139
Conclusion
144
United Nations peacekeeping in Lebanon Somalia and Kosovo and the use of force
148
The establishment of peace support operations in Somalia Lebanon and Kosovo
153
Kosovo
195
Conclusion
203
UN military operations and international humanitarian and human rights law
214
Human rights and humanitarian law
217
Humanitarian law and armed conflicts
220
International human rights law
226
Sexual abuse and peacekeeping operations
230
International and noninternational armed conflicts
238
Humanitarian law and UN operations
241
The United Nations position
246
The ICRC position
253
The 1994 Convention on the Safety of UN and Associated Personnel159
255
Humanitarian law and UN forces in Lebanon and Somalia
262
Summary
270
Somalia
271
practical difficulties applying the Conventions in Somalia
276
Kosovo
279
Conclusion
285
Conclusion
294
Intervention
296
Operational and legal issues
298
Unrealistic expectations
300
Lack of accountability
301
The UN NATO and Kosovo
304
Lessons for the future
307
Resolutions of the Security Council UNIFIL
312
Resolutions of the Security Council Somalia
315
Resolutions of the Security Council Kosovo
326
Bibliography
333
Index
369
Copyright

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About the author (2007)

Dr Ray Murphy is a Senior Lecturer in Law at the Irish Centre for Human Rights, National University of Galway, Ireland.

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