1. SGTM 3: Legal Framework of United Nations Peace Operations Slide 1 SGTM 3: Legal Framework of United Nations Peace Operations

2. Slide 2  UN Charter, peacekeeping mandates  International law and peacekeeping  Other legal documents  National law  Internal UN rules and guidelines  Mission rules and directives  UN Charter, peacekeeping mandates  International law and peacekeeping  Other legal documents  National law  Internal UN rules and guidelines  Mission rules and directives

3. SGTM 3: Legal Framework of United Nations Peace Operations Slide 3  Charter is foundation for all UN activities  Peace and security are Security Council’s primary responsibility  Peacekeeping is a tool  Charter is foundation for all UN activities  Peace and security are Security Council’s primary responsibility  Peacekeeping is a tool

4. SGTM 3: Legal Framework of United Nations Peace Operations Slide 4 Mandate of a peace operation  Legal basis of all activity  Authorized by Security Council  Modified according to ground reality  Legal basis of all activity  Authorized by Security Council  Modified according to ground reality

5. SGTM 3: Legal Framework of United Nations Peace Operations Slide 5 International law and peacekeeping  Humanitarian law  Human rights law  Other treaties, conventions  Humanitarian law  Human rights law  Other treaties, conventions

6. SGTM 3: Legal Framework of United Nations Peace Operations Slide 6  Restricts means and methods of warfare  Protects civilians, victims and non-combatants  4 Geneva Conventions (1949), 2 Additional Protocols (1977)  Restricts means and methods of warfare  Protects civilians, victims and non-combatants  4 Geneva Conventions (1949), 2 Additional Protocols (1977) International humanitarian law: “Law of War”

7. SGTM 3: Legal Framework of United Nations Peace Operations Slide 7  Convention on Certain Conventional Weapons, 1980  Ottawa Treaty, 1997 prohibits anti-personnel mines  Cultural property, the environment, victims of conflict  Applicable in peacekeeping because of conflict potential  Convention on Certain Conventional Weapons, 1980  Ottawa Treaty, 1997 prohibits anti-personnel mines  Cultural property, the environment, victims of conflict  Applicable in peacekeeping because of conflict potential

8. SGTM 3: Legal Framework of United Nations Peace Operations Slide 8 International human rights law  Charter of the United Nations (1945)  International Bill of Human Rights (1948)  Charter of the United Nations (1945)  International Bill of Human Rights (1948)

9. SGTM 3: Legal Framework of United Nations Peace Operations Slide 9 Examples of human-rights law  Protects vulnerable groups (children, migrant workers)  Outlaws torture, outlaws discrimination (racial, against women)  Protects vulnerable groups (children, migrant workers)  Outlaws torture, outlaws discrimination (racial, against women) Peacekeepers must uphold human rights in official and personal conduct

10. SGTM 3: Legal Framework of United Nations Peace Operations Slide 10 Convention on Safety of UN and Associated Personnel, 1994  Ensure safety, security of personnel, premises, operations  Prompt release of detained UN personnel without interrogation  Does not apply for combatants under Chapter VII of Charter  Ensure safety, security of personnel, premises, operations  Prompt release of detained UN personnel without interrogation  Does not apply for combatants under Chapter VII of Charter

11. SGTM 3: Legal Framework of United Nations Peace Operations Slide 11 Privileges and immunities (1946): United Nations  Legal immunity for property, assets  Premises, documents inviolable  Exempt from direct taxes, customs duties  Legal immunity for property, assets  Premises, documents inviolable  Exempt from direct taxes, customs duties

12. SGTM 3: Legal Framework of United Nations Peace Operations Slide 12 Privileges and immunities: officials, experts  Legal immunity for official acts  Immunity from personal arrest, legal process  Inviolability of all papers and documents  Exemption from taxation on salaries  Legal immunity for official acts  Immunity from personal arrest, legal process  Inviolability of all papers and documents  Exemption from taxation on salaries

13. SGTM 3: Legal Framework of United Nations Peace Operations Slide 13 Courts, tribunals for war crimes  International Criminal Court  International criminal tribunals for Rwanda, Yugoslavia  International Criminal Court  International criminal tribunals for Rwanda, Yugoslavia

14. SGTM 3: Legal Framework of United Nations Peace Operations Slide 14 Peace accords  Ceasefire agreement  Disengagement of forces  Phases of peace process  Ceasefire agreement  Disengagement of forces  Phases of peace process

15. SGTM 3: Legal Framework of United Nations Peace Operations Slide 15 SOFA or SOMA provides for  Status of military, police contingents  Freedom of movement  Communications facilities  Use of weaponry, flags, uniforms  Privileges and immunities  Applicability of local laws  Claims and disputes  Status of military, police contingents  Freedom of movement  Communications facilities  Use of weaponry, flags, uniforms  Privileges and immunities  Applicability of local laws  Claims and disputes

16. SGTM 3: Legal Framework of United Nations Peace Operations Slide 16 MOU sets terms for  Contributions  Obligations of contributing country  Obligations of United Nations  Contributions  Obligations of contributing country  Obligations of United Nations

17. SGTM 3: Legal Framework of United Nations Peace Operations Slide 17 UN personnel subject to law of host country  Some immunities defined in SOMA or SOFA Military members of contingents  Criminal jurisdiction of military law of homeland Military observers, police officers, civilian staff  Some “functional immunity” that may be waived UN personnel subject to law of host country  Some immunities defined in SOMA or SOFA Military members of contingents  Criminal jurisdiction of military law of homeland Military observers, police officers, civilian staff  Some “functional immunity” that may be waived

18. SGTM 3: Legal Framework of United Nations Peace Operations Slide 18 UN internal rules and guidelines  Financial rules and regulations  Secretary-General’s bulletins  Financial rules and regulations  Secretary-General’s bulletins

19. SGTM 3: Legal Framework of United Nations Peace Operations Slide 19 Mission rules, directives  Concept of operations  Commander’s directives  Rules of engagement  Concept of operations  Commander’s directives  Rules of engagement

20. SGTM 3: Legal Framework of United Nations Peace Operations Slide 20 Rules of engagement (ROE)  From mission’s mandate  How, when to use force  Practical guidance to commanders  From mission’s mandate  How, when to use force  Practical guidance to commanders

21. SGTM 3: Legal Framework of United Nations Peace Operations Slide 21 ROE  Constraints and latitude in using force  Right of self-defence  Minimum use of force  Minimum collateral damage  Use of force according to Charter, mandate  Constraints and latitude in using force  Right of self-defence  Minimum use of force  Minimum collateral damage  Use of force according to Charter, mandate

22. SGTM 3: Legal Framework of United Nations Peace Operations Slide 22 ROE cover  Use of force  Use of weapons systems  Authority to carry weapons  Authority to detain, search, disarm  Reactions to civil actions or unrest  Use of force  Use of weapons systems  Authority to carry weapons  Authority to detain, search, disarm  Reactions to civil actions or unrest

23. SGTM 3: Legal Framework of United Nations Peace Operations Slide 23 Peacekeepers are  Provided a mandate and a mission  Expected to abide by laws of host country  Accorded privileges, immunities to accomplish mission  Held personally accountable if commit an offence  Given strict rules on how and when to use force  Provided a mandate and a mission  Expected to abide by laws of host country  Accorded privileges, immunities to accomplish mission  Held personally accountable if commit an offence  Given strict rules on how and when to use force