New Working Paper Examines the Role of Peacekeeping Operations in Ensuring Respect for IHL

5 October 2021

From Mali to the Democratic Republic of the Congo, Kosovo or Cyprus, the United Nations (UN) is currently leading 12 peacekeeping operations across the globe.

Our new Working Paper The UN Security Council and Common Article 1: Understanding the Role of Peacekeeping Operations in Ensuring Respect for IHL examines the applicability of article 1 common to the Geneva Conventions of 1949 – on the obligation to respect and ensure respect for international humanitarian law (IHL) – to the UN, with a specific focus on peacekeeping operations.

Written by our former Researcher Emilie Max, it examines how modern peacekeeping operations with multidimensional mandates engage in activities aimed at – or amounting to – promoting compliance with IHL, including in relation to the thematic agenda items of the UN Security Council (UNSC) – namely Protection of Civilians in Armed Conflict; Women, Peace and Security; and Children in Armed Conflict.

The First Study of this Kind

Although not mentioned in the UN Charter, peacekeeping has become one of the most essential tools at the UN’s disposal for fulfilling its mandate to maintain international peace and security. Such a tool gradually evolved from straightforward military operations to multidimensional mandates with an ever-increasing number of activities aimed at protecting civilians from the violence of armed conflict.

If the contribution of peacekeeping operations to the preservation of human dignity has often been examined through the lens of the protection and promotion of human rights, the same does not necessarily hold true with regard to IHL.

‘This Working Paper precisely aims at filling this gap by assessing whether – and, if so, how –peacekeeping operations contribute to ensuring respect for IHL in the sense of common article 1’ explains Emilie Max.

Recommendations for UN Security Council Members

The author concludes her paper with a series of recommendations for prospective or current UNSC members that contemplate using peacekeeping for promoting respect for IHL.

‘For instance, if the mandates of peacekeeping operations include the prevention and suppression of IHL violations, states should ensure that peacekeepers can implement these tasks. This implies that the UN Secretariat provides appropriate strategic guidance, that sufficient human and financial resources are allocated to missions, and that there is commensurate political will emanating from the UNSC’ underlines Emilie Max.

‘Similarly, certain activities included in peacekeeping operations’ mandates in order to protect civilians from the violence of armed conflict – like training on IHL – should consistently be implemented in close cooperation with the International Committee of the Red Cross, other humanitarian organizations and relevant UN agencies’ she adds.

Joint Patrol UNPOL, FARDC, and PNC - 20 May 2020 Goma, DRC

Part of our Research Project on the UNSC and IHL

This Working Paper is part of our larger research project led by Emilie Max that aims at critically assessing how the UNSC has recently dealt with IHL.

It follows another publication Room for Manoeuvre? Promoting International Humanitarian Law and Accountability While at the United Nations Security Council: A Reflection on the Role of Elected Members that assessed the UNSC’s recent engagement with IHL and accountability.

MORE ON THIS THEMATIC AREA

News

The Jean-Pictet Competition: Learning Beyond the Classroom

10 December 2024

Each year, the Geneva Academy sends a team of students to the Jean-Pictet Competition. Participating in this leading moot court is a life-changing experience and an integral part of our programmes.

Read more

ICRC Conference Booth News

Challenging Preconceptions About International Humanitarian Law

13 November 2024

At the 34th International Conference of the Red Cross and Red Crescent, we hosted a booth with Geneva Call and the Ministry of Foreign Affairs of Norway.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

Event

Strengths and Challenges of Inter-State Applications Before the European Court of Human Rights

12 May 2025, 18:30-20:00

In this Geneva Academy Talk Judge Lətif Hüseynov will discuss the challenges of inter-State cases under the ECHR, especially amid rising conflict-related applications.

Read more

Afghanistan, Parwan detention facility. Inside a room where detainees of the prison, separated by an acrylic glass, are allowed to meet with their families a couple of times per year with the help of the ICRC employees who facilitate the programme. Short Course

Preventing and Combating Terrorism

24 April - 13 May 2025

This online short course discusses the extent to which states may limit and/or derogate from their international human rights obligations in order to prevent and counter-terrorism and thus protect persons under their jurisdiction.

Read more

Computer screen with warning: civilian infrastucture: do not attack Project

The Digitalization of Armed Conflict

Started in September 2020

This project will explore humanitarian consequences and protection needs caused by the digitalization of armed conflicts and the extent to which these needs are addressed by international law, especially international humanitarian law.

Read more

A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2023

published on July 2024

Read more