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Human Rights Functions of United Nations Peacekeeping (International Studies in Human Rights) [Hardcover]

By Mari Katayanagi (Author)
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Item description for Human Rights Functions of United Nations Peacekeeping (International Studies in Human Rights) by Mari Katayanagi...

The United Nations peacekeeping has evolved as a practical measure for preserving international peace and security. Recent peacekeeping has two important features: the use of force which arguably exceeds self-defence on the one hand, and multifunctional operations on the other. The Security Council has started considering a wide range of factors including serious human rights violations as threats to international peace and security. Recognising the UN's principle to seek peaceful settlement which underlies the legality of peacekeeping, this research focuses on the human rights functions of multifunctional peacekeeping operations. Such functions have immense potential for enhancing conflict resolution through peaceful means. In order to illustrate these issues and the diverse practice of UN peacekeeping, the author of this book has dealt with four detailed case studies on El Salvador, Cambodia, Rwanda and the former Yugoslavia. The achievements, problems and defects experienced by different operations are analysed using the insights of the author's own experience in a peacekeeping operation.

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Item Specifications...

Studio: Springer
Pages   336
Est. Packaging Dimensions:   Length: 9.6" Width: 6.4" Height: 0.9"
Weight:   1.45 lbs.
Binding  Hardcover
Release Date   Sep 25, 2002
Publisher   Springer
ISBN  9041119108  
ISBN13  9789041119100  

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Product Categories

1Books > Subjects > Law > General
2Books > Subjects > Law > International Law
3Books > Subjects > Nonfiction > Politics > Freedom & Security > Security
4Books > Subjects > Nonfiction > Politics > International > Relations
5Books > Subjects > Nonfiction > Politics > International > United Nations
6Books > Subjects > Professional & Technical > Law > International Law

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Important for Peacekeeping in the UN context  Apr 29, 2004
The purpose of this book is to analyse UN peacekeeping operations focusing particularly on human rights functions, and to seek to develop a better design for such functions in future operations: The book starts by reviewing the UN mechanism for international peace and security in Chapter 1. The role of the Security Council and the General Assembly in the mechanism will be discussed, and the origins of United Nations peace-keeping will be studied by means of four case-studies of observation missions and peacekeeping missions. Also, an examination will be made in Chapter 1 of the constitutional basis of United Nations peacekeeping operations, as well as the competence of the Security Council and of the General Assembly to create peacekeeping forces, and of the role of the Secretary-General in the area of international peace and security. The lastsection of Chapter 1 will deal with peacekeeping operations by regional arrangements or agencies in the context of Chapter VIII of the UN Charter.
Chapter 2 commences with a historical overview of the United Nations peacekeeping operations. An extensive review of varied definitions and theories of peacekeeping will follow which illustrates the evolution of United Nations peacekeeping operations. The review demonstrates that two features can be found in peacekeeping operations after the end of the Cold War, as described above. To clarify the concept of peacekeeping, the legal distinction between peacekeeping and enforcement action will be discussed. Chapter 2 concludes with a focus on non-military functions of peacekeeping, which in practice contains peacemaking and peace-building functions. Human rights are essential elements of such functions. The first two chapters thus explain how the Organisation reached the point of being largely involved in human rights work within the framework of peacekeeping.
The four chapters thereafter are devoted to case-studies. These chapters contain a detailed examination of the actual human rights activities per-formed in four different areas of the world by UN peacekeeping missions or a UN human rights field operation. The areas being examined are El Salvador, Cambodia, Rwanda and the former Yugoslavia. The operations in each area approached and challenged the human rights problems differently, which shows that there has been a consistent lack of effort by the Organisation to study and make use of the skills and experience gained in preceding operations.' Several points of analysis will be set up for examination in each case-study for the purpose of enabling a comparison of similar functions in different operations. One important factor for future peacekeeping operations when they undertake human rights functions will inevitably be institution-building, such as the reform of the judicial system or the restructuring and training of police forces. Peacekeeping, as a temporary measure to create the environment for sustainable peace, needs to assist in the establishment of domestic structures and mechanisms which
protect and promote human rights. As is manifest in the case of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), institution-building is becoming an integral part of peacekeeping.'
Chapter 7 considers the possibility of the use of force in protecting human rights. Given that the presence of UN peacekeepers did not succeed in protecting civilian lives either in Rwanda or Srebrenica (Bosnia-Herzegovina), we will examine the recent practice of the Security Council of contracting out enforcement operations to volunteering states. We will also consider the "humanitarian intervention", unilateral or multilateral intervention by one or more states without any authorisation from the UN Security Council. The problem represents a deviation from collective security as envisaged in the UN Charter. Seeking the possibility that peace-keeping forces can contribute in protecting human rights through non-military means, the potential role of peacekeepers as a "protecting power" will be studied. The potential of peacekeepers to carry out human rights functions will also be discussed.

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