1. 4. Legal Framework for United Nations Peacekeeping. L e s s o n
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1 M o d u l e 1 : A n O v e r v i e w o f U n i t e d N a t i o n s P e a c e k e e p i n g O p e r a t i o n s L e s s o n 1. 4 Legal Framework for United Nations Peacekeeping
2 Relevance Peacekeeping personnel: Ambassadors of the UN Role models, a good example Know what you should and should not do Must not violate International Human Rights Law (IHRL) or International Humanitarian Law (IHL)
3 Learning Outcomes Learners will: List key documents in International Law Explain human rights and list examples in International Human Rights Law (IHRL) Identify who is protected by International Humanitarian Law (IHL) Explain why all armed UN peacekeeping personnel must know the rules of engagement (ROE) or directive on use of force (DUF)
4 Lesson Overview 1. Importance of the Legal Framework 2. Legal Framework for UN peacekeeping operations (UNPKOs) 3. UN Charter 4. IHRL 5. IHL 6. ROE & DUF 7. Additional Aspects of the Legal Framework
5 Learning Activity Experiences of Rules and Laws Instructions: Give examples of rules and laws in society Why are they important? Compare with International Law Time: 5 minutes Brainstorming: 3 minutes Discussion: 2 minutes
6 1. Importance of the Legal Framework Legitimacy Directs the actions or tasks of UNPKOs Guides peacekeeping personnel in official functions and personal conduct 1
7 2. Legal Framework for UN Peacekeeping Operations 2
8 3. UN Charter Chapters Indicating Peacekeeping Chapter I: Purpose of UN to maintain international peace and security Chapter V: Security Council primary responsibility for international peace and security... Chapter VI: Outlines range of peaceful measures Chapter VII: Security Council...may take action as may be necessary... Chapter VIII: Involvement of regional partners in maintaining international peace and security 3
9 Learning Activity International Human Rights Law Instructions: What are human rights? Give examples List examples of international human rights law Time: 5 minutes Brainstorming: 3 minutes Discussion: 2 minutes
10 4. International Human Rights Law What are Human Rights? Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, sexual orientation and gender identity, national or ethnic origin, colour, religion, language or any other status We are all equally entitled to our human rights without discrimination 4
11 Examples of Human Rights Examples of civil and political rights include the right to: Life Freedom from torture Protection from discrimination Freedom of expression A fair trial Not be held in slavery 5
12 Examples of Human Rights Examples of economic, social and cultural rights include the right to: Join a trade union Education Food Housing and medical care Social security and work Equal pay for equal work 6
13 What is International Human Rights Law? International Law protecting fundamental human rights of every individual at all times Applies both in war and peace, to all human beings 7
14 Legal Sources UN Charter Universal Declaration of Human Rights Covenant on Economic, Social and Cultural Rights Covenant on Civil and Political Rights (also referred to as International Bill of Human Rights) Genocide Focus areas of specialized human rights treaties Racial Discrimination Trafficking Refugees Torture Disabilities Children s Rights Disappearances Discrimination Against Women 8
15 5. International Humanitarian Law What is International Humanitarian Law? Law of war or law of armed conflict Applies in times of armed conflict Limits negative impact of armed conflict and reduces suffering during war Individuals are protected under IHL if they do not engage in hostilities, or are no longer doing so 9
16 Legal Sources Geneva Conventions and Additional Protocols Secretary-General s Bulletin on IHL 10
17 Learning Activity International Humanitarian Law Who should be Protected? Instructions: Consider the images Identify civilians and combatants Who should be protected? Why? Time: 10 minutes Group work: 5 minutes Discussion: 5 minutes
18 Essential Rules of IHL 1. Civilian targets cannot be attacked. Attacks only against military objectives. 2. Civilians and anyone no longer taking part in hostilities must be respected and treated humanely. 3. Anyone who surrenders or stops fighting (e.g., wounded) cannot be killed. 4. Torture is prohibited at all times and in all circumstances. 11
19 Essential Rules of IHL (cont.) 5. Captured combatants and civilians must be respected and protected. 6. It is forbidden to use weapons or methods of warfare that are likely to cause excessive injury or unnecessary suffering. 7. Wounded and sick must be collected and cared for. 8. Medical personnel and medical establishments, transport and equipment must be respected and protected. 12
20 Essential Rules of IHL (cont.) 9. The Red Cross, Red Crescent and Red Crystal emblems are signs of protection and must be respected. 10. Prevention and prosecution of war crimes covers attacking civilians, recruiting children as soldiers, torturing prisoners and sexual violence. 13
21 Learning Activity Use of Force at Home Instructions: Think about your home country How is force applied legally at home? Is there a difference with UN peacekeeping? Time: 5 minutes Brainstorming: 3 minutes Discussion: 2 minutes
22 6. Rules of Engagement (ROE) & Directive on Use of Force (DUF) Guide use of force ROE for military personnel, DUF for police personnel Guidance in accordance with mandate, UN Charter, International Law 14
23 The Importance Use of force specific to mission and its mandate Differs from national legal restrictions Robust for volatile and potentially dangerous environments 15
24 7. Additional Aspects of the Legal Framework International Law International Refugee Law, Guiding Principles on Internal Displacement, International Criminal Law Security Council mandate National law of host country MOU between UN and T/PCCs SOMA or SOFA The Convention on the Privileges and Immunities of the UN of 1946 UN Internal Rules, Regulations and Guidance 16
25 Summary of Key Messages Legal framework includes International Law UN Charter, IHRL, IHL Human rights are universal civil and political rights, economic, social and cultural rights Individuals are protected under IHL if they do not engage in hostilities, or are no longer doing so Know ROE, DUF use of force is mission-specific, different from national legal restrictions, may be robust
26 Questions
27 Learning Activity Learning Evaluation
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