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

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ISBN: 9780521843058 | 0521843057
Cover: Hardcover
Copyright: 5/28/2007

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The concept of UN peacekeeping has had to evolve and change to meet the challenges of contemporary sources of conflict. From a practical, operational and legal perspective, Murphy examines the problems faced by UN peacekeeping operations. Three case studies (Lebanon, Somalia and Kosovo) are used to demonstrate the problems associated with the command and control of UN forces, the use of force and rules of engagement, and the implementation of international human rights and humanitarian law by such forces.

Preface and acknowledgments	p. xi
Maps	p. xiii
Introduction	p. 1
The UN and peacekeeping operations	p. 1
Peacekeeping and enforcement operations	p. 8
Collective security and the role of the Security Council	p. 11
Peacekeeping and contemporary issues	p. 12
The structure of the book	p. 24
The political and diplomatic background to the establishment of peace support operations in Lebanon, Somalia and Kosovo	p. 33
Introduction	p. 33
Factors influencing the decision to intervene	p. 34
Response to the interventions in Lebanon, Somalia and Kosovo	p. 37
The case of Lebanon	p. 37
Security Council fails to support UNIFIL	p. 43
Lack of co-operation from the parties in Lebanon	p. 45
The case of Somalia	p. 48
Deployment of UNOSOM I	p. 50
Options facing the Secretary-General and the deployment of UNITAF	p. 55
The dilemma of disarmament and the creation of a safe environment in Somalia	p. 60
Reconciliation and mediation efforts in Somalia and Lebanon	p. 63
Intervention in Kosovo	p. 69
Operation Allied Force: the NATO air campaign	p. 75
The Military Technical Agreement and UN Resolution 1244	p. 77
Creation of provisional institutions of self-government and the protection of minorities in Kosovo	p. 81
Constitutional Framework for Provisional Self-Government	p. 84
The security deficit and the de facto partition of Kosovo	p. 86
The problem of parallel political structures	p. 89
Military effectiveness and problems of command and control	p. 93
UNOSOM II	p. 93
UNIFIL	p. 96
KFOR	p. 96
Deficiencies in the UN organisation and structures	p. 97
Conclusion	p. 100
Legal framework of UN peacekeeping forces and issues of command and control	p. 106
Introduction	p. 106
Legal framework of UN operations and the SOFA	p. 107
UNIFIL	p. 110
KFOR	p. 112
Consequences for Irish and Canadian personnel in breach of UN regulations	p. 114
Command and control	p. 115
Command and control of peacekeeping operations	p. 121
Command and control of UN forces in Somalia	p. 125
Command and control of Canadian forces	p. 134
Constitutional issues arising in the command of Irish forces	p. 139
Conclusion	p. 144
United Nations peacekeeping in Lebanon, Somalia and Kosovo, and the use of force	p. 148
Introduction	p. 148
The establishment of peace support operations in Somalia, Lebanon and Kosovo	p. 153
Somalia	p. 153
Lebanon	p. 155
Kosovo	p. 156
Standing operating procedures and rules of engagement	p. 158
Lebanon	p. 173
When to use force to implement the UNIFIL mandate?	p. 173
Escalating the response and the tactical use of force	p. 176
Confrontation at At-Tiri and the adoption of Resolution 467 (1980)	p. 179
Somalia	p. 185
The strategic use of force	p. 185
Conflicting interpretations of the concept of operations and the slide into combat	p. 187
Kosovo	p. 195
Conclusion	p. 203
UN military operations and international humanitarian and human rights law	p. 214
Introduction	p. 214
Human rights and humanitarian law	p. 217
Humanitarian law and armed conflicts	p. 220
International human rights law	p. 226
Sexual abuse and peacekeeping operations	p. 230
International and non-international armed conflicts	p. 238
Humanitarian law and UN operations	p. 241
The United Nations position	p. 246
The ICRC position	p. 253
The 1994 Convention on the Safety of UN and Associated Personnel	p. 255
Humanitarian law and UN forces in Lebanon and Somalia	p. 262
The predicament of UNIFIL	p. 262
Summary	p. 270
Somalia	p. 271
Summary: practical difficulties applying the Conventions in Somalia	p. 276
Kosovo	p. 279
Conclusion	p. 285
Conclusion	p. 294
The need for UN reform	p. 294
Intervention	p. 296
Operational and legal issues	p. 298
Unrealistic expectations	p. 300
Lack of accountability	p. 301
The UN, NATO and Kosovo	p. 304
Lessons for the future	p. 307
Resolutions of the Security Council: UNIFIL	p. 312
Resolutions of the Security Council: Somalia	p. 315
Resolutions of the Security Council: Kosovo	p. 326
Bibliography	p. 333
Index	p. 369
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UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice

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