Accountability Of Peace Support Operations

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Martinus Nijhoff Publishers, Jan 1, 2005 - Law - 363 pages
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Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.
 

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Contents

Acknowledgements
1
Table of Abbreviations
9
6
36
Attribution of conduct of peace support operations
51
1o Analysis of state practice in connection with United Nations peace
98
Scope of application of international humanitarian law to peace support
131
State
177
Threshold of application
184
international humanitarian law by peace support operations
241
6
258
166
285
Proposals for new mechanisms for invoking accountability
287
Findings and conclusions
315
Bibliography
335
241
345
Index
359

Occupation
193
Content of rules of general international
199
Legal consequences of accountability for breaches of international
209

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About the author (2005)

Marten Zwanenburg is Legal Counsel at the Ministry of Defense of the Netherlands. He holds a Ph.D. in International Law from Leiden University.

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