Protection of Civilians and Individual Accountability

Protection of Civilians and Individual Accountability
Author: Lenneke Sprik
Publisher: Routledge
Total Pages: 128
Release: 2019-08-13
Genre: Law
ISBN: 0429754809

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.

The Individualization of War

The Individualization of War
Author: Dapo Akande
Publisher: Oxford University Press
Total Pages: 289
Release: 2024-01-26
Genre: Political Science
ISBN: 0192872206

The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.

Protection of Civilians

Protection of Civilians
Author: Haidi Willmot
Publisher: Oxford University Press
Total Pages: 497
Release: 2016
Genre: Law
ISBN: 019872926X

The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.

Accountability for Killing

Accountability for Killing
Author: Neta C. Crawford
Publisher: Oxford University Press
Total Pages: 400
Release: 2013-09-30
Genre: Political Science
ISBN: 0199981744

The unintended deaths of civilians in war are too often dismissed as unavoidable, inevitable, and accidental. And despite the best efforts of the U.S. to avoid them, civilian casualties in Afghanistan, Iraq, and Pakistan have been a regular feature of the United States' wars after 9/11. In Accountability for Killing, Neta C. Crawford focuses on the causes of these many episodes of foreseeable collateral damage and the moral responsibility for them. The dominant paradigm of legal and moral responsibility in war today stresses both intention and individual accountability. Deliberate killing of civilians is outlawed and international law blames individual soldiers and commanders for such killing. An individual soldier may be sentenced life in prison or death for deliberately killing even a small number of civilians, but the large scale killing of dozens or even hundreds of civilians may be forgiven if it was unintentional--"incidental"--to a military operation. The very law that protects noncombatants from deliberate killing may allow many episodes of unintended killing. Under international law, civilian killing may be forgiven if it was unintended and incidental to a militarily necessary operation. Given the nature of contemporary war, where military organizations-training, and the choice of weapons, doctrine, and tactics-create the conditions for systemic collateral damage, Crawford contends that placing moral responsibility for systemic collateral damage on individuals is misplaced. She develops a new theory of organizational moral agency and responsibility, and shows how the US military exercised moral agency and moral responsibility to reduce the incidence of collateral damage in America's most recent wars. Indeed, when the U.S. military and its allies saw that the perception of collateral damage killing was causing it to lose support in the war zones, it moved to a "population centric" doctrine, putting civilian protection at the heart of its strategy. Trenchant, original, and ranging across security studies, international law, ethics, and international relations, Accountability for Killing will reshape our understanding of the ethics of contemporary war.

Protection of Civilians in Un Peacekeeping Operations

Protection of Civilians in Un Peacekeeping Operations
Author: M. Aminul Islam
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781032657691

"This book discusses the legal responsibility of UN peacekeepers for the protection of civilians under international legal regimes, particularly international human rights law, international humanitarian law, international refugee law, and occupation law. It considers both negative and positive obligations, that is, a duty to respect or not violate a particular right directly and a duty to take positive action to secure or protect a particular right, respectively. In addition, it describes the standards and methods, as well as their strengths and weaknesses, by which actors in UN peacekeeping operations, including the UN, troop contributing countries, and individual peacekeepers, can be held accountable for third-party claims and allegations of criminal misconduct against UN peacekeepers for violations of responsibility in peacekeeping operations. The work will be a valuable resource for academics, researchers and policy-makers working in the areas of International Law, International Humanitarian Law, International Human Rights Law and International Relations"--

Protection of Civilians Military Reference Guide

Protection of Civilians Military Reference Guide
Author: Dwight Raymond
Publisher:
Total Pages: 249
Release: 2018
Genre: Responsibility to protect (International law)
ISBN:

The Protection of Civilians (PoC) refers to efforts that protect civilians from physical violence, secure their rights to access essential services and resources, and contribute to a secure, stable, and just environment for civilians over the long-term. PoC is a moral, political, legal, and strategic priority for all military operations. Communities on the ground and around the world expect uniformed personnel to protect the population; failure to do so jeopardizes the credibility and legitimacy of the operation and can undermine other objectives. This guide is primarily intended as a resource for military commanders and staffs who must consider PoC while conducting operations. Other interested readers may include international organizations, national militaries, training centers, and civilian and police officials who are also concerned with PoC.

Civilian Protection in the Twenty-first Century

Civilian Protection in the Twenty-first Century
Author: Cecilia Jacob
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2016
Genre: Political Science
ISBN: 9780199467501

"Conference hosted at the University of Queensland, Australia, in 2011. The conference's theme was 'Regions, States and Peoples in a World of Many Worlds'"--Preface.

Norms of Protection

Norms of Protection
Author: Angus Francis
Publisher:
Total Pages: 0
Release: 2012
Genre: Political Science
ISBN: 9789280812183

A series of humanitarian tragedies in the 1990s (Somalia, Rwanda, Srebrenica, Kosovo) demonstrated the international community's failure to protect civilians in the context of complex emergencies. They were the inspiration for two norms of protection, Responsibility to Protect (R2P) and Protection of Civilians (POC), both deeply rooted in the empathy that human beings have for the suffering of innocent people. Both norms have achieved high-level endorsement: R2P from the 2005 World Summit and its Outcome document (Art. 138-140) and POC from a series of Security Council resolutions. The two norms of protection were instrumental in adopting the Security Council Resolutions 1970 and 1973 (Libya) and 1975 (Cote d'Ivoire) in the year 2011. Both norms raise concerns of misinterpretation and misuse. They both are developing--sometimes in parallel, sometimes diverging, and sometimes converging--with varying degrees of institutionalization and acceptance. This process is likely to continue for some time, with successes and failures enhancing or retarding that development. This book engages in a profound comparative analysis of the two norms and aims to serve policymakers at different levels (national, regional, and UN), practitioners with protective roles (force commanders, military trainers, strategists, and humanitarian actors), academics and researchers (in international relations, law, political theory, and ethics), civil society, and R2P and POC advocates.

The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law
Author: Michael Bothe
Publisher: Oxford University Press, USA
Total Pages: 767
Release: 2013-08-29
Genre: History
ISBN: 0199658803

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.