Protection of Civilians and Individual Accountability: Obligations and Responsibilities of Military Commanders...

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Lenneke Sprik

Protection of Civilians and Individual Accountability

Obligations and Responsibilities of Military Commanders in United Nations Peacekeeping Operations...

Lenneke Sprik

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English

Routledge
31 March 2021

Peace studies & conflict resolution; Armed conflict; Peacekeeping operations; International humanitarian law

Series: Routledge Research in the Law of Armed Conflict

This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.

By: Lenneke Sprik
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 267g
ISBN: 9780367726799
ISBN 10: 0367726793
Series: Routledge Research in the Law of Armed Conflict
Pages: 167
Publication Date: 31 March 2021
Audience: College/higher education , Professional and scholarly , Further / Higher Education , Undergraduate
Format: Paperback
Publisher's Status: Active

1 Introduction 2 Srebrenica and Rwanda and the Legal Aftermath 3 Omission Liability in Domestic Law 4 Scope for Omission Liability under International Law? 5 A Legal Obligation to Act for the Peacekeeping Commander? 6 The Peacekeeping Commander as Bystander: A Moral Obligation to Act? 7 The Lege Ferenda Perspective on the Legal Framework of Peacekeeping 8 Conclusion

Lenneke Sprik is a lecturer in International Security in the Department of Political Science and Public Administration, Vrije Universiteit Amsterdam, the Netherlands.